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    Thread: Man to challenge marijuana possession charge

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      Default Man to challenge marijuana possession charge

      DENVER - David La Goy says he told police right away it was his marijuana. "They asked right away whose it was, and I'm not going to lie to the police, so I told them it was mine," La Goy says. That's when he was cited for possession of less than an ounce. He says he uses marijuana to ease his nausea that results from his HIV medication.
      "The other officer said, do we really want to mess around with him over the pot, and (the other officer) just pulled out his ticket book and started writing me up."
      Now La Goy wants to challenge his charge based upon Denver's passage of Initiative 100 last November. I-100 allows for the limited possession of less than an ounce of marijuana.
      "Marijuana users still face prosecution," warns Legal Analyst Scott Robinson. "Here's the problem (police) have - is that state and federal law makes it a criminal act to have less than an ounce of marijuana."
      "We view this case as a gross, gross misuse of taxpayer dollars," says Brian Vicente, a Denver attorney and executive director of Sensible Colorado. He is representing La Goy as his case proceeds.
      "There has to be a better use of police resources. There has got to be a better use of state resources, and the Denver voters agree with that."
      A local TV News station checked recent Denver County Court dockets to see if the number of marijuana possession cases has declined since the passage of I-100.
      In Courtroom 122-C, the same courtroom that La Goy visited on Friday, possession cases remain quite common. In the morning sessions this month alone we found 14 cases one day, 15 another, and 5 on an another.
      During the same time period last year, before the passage of I-100, we found 5 cases, 4 cases and 10 cases respectively.
      Last edited by OldRookie; 25th March 2006 at 06:40 PM.
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