No playbook for new marijuana law in Colorado

By Jack Healy

The New York Times

In the wake of the marijuana vote in Colorado, location seems to be a bigger factor in the pursuit of minor drug cases than the law. A menu board of choices at a medical marijuana center in Denver. Rick Wilking/Reuters

DENVER — Anthony Orozco, 19, a community college student and soccer player in southeastern Colorado, is facing criminal charges for something that will soon be legal across this state: the possession of a few nuggets of marijuana and a pipe he used to smoke it.

Mr. Orozco said that one day in September he and a few friends were driving in Lamar, on the plains near the Kansas border, when they were pulled over. After the police officer found marijuana in the car, Mr. Orozco was issued a summons for possession and drug paraphernalia — petty offenses that each carry a $100 fine — and given a court date.

“We get treated like criminals,” Mr. Orozco said.

But is he one? In the uncertain weeks after Colorado’s vote to legalize small amounts of marijuana for recreational use, the answer in hundreds of minor drug cases depends less on the law than on location.

Hundreds of misdemeanor marijuana cases are already being dropped here and in Washington State, which approved a similar measure. Police departments have stopped charging adults 21 years and older for small-scale possession that will be legally sanctioned once the laws take effect in the coming weeks.

But prosecutors in more conservative precincts in Colorado have vowed to press ahead with existing marijuana cases and are still citing people for possession. At the same time, several towns from the Denver suburbs to the Western mountains are voting to block new, state-licensed retail marijuana shops from opening in their communities.

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