POT FIGHT PLANNED OVER POSSESSION CITATION

The first marijuana defendant to challenge Denver authorities' refusal
to adhere to a voter-approved initiative legalizing adult pot
possession entered the city courthouse today and demanded a Jan. 18
court hearing, vowing to plead not guilty to a police citation issued
under state law.

Outside courtside, Eric Footer said his motivation was to "help
somebody else so they don't have to go through this."

"I was under the impression that because the voters approved this that
I wasn't doing anything illegal," the 39-year-old real estate
consultant said, referring to the Nov. 1 passage of Initiative 100,
which made it ostensibly legal in Denver for adults 21 years or older
to posses 1 ounce or less of marijuana.

"I'm a law-abiding citizen. I've never been in trouble with the law
before and I just felt that it was a matter of principle," he said.

City officials have said that because state law trumps a local
ordinance they have no choice but to continue prosecuting violators
under the state pot possession law.

But Footer's defense team accused Denver authorities of ignoring the
will of the voters as attorneys laid out their defense strategy.

"With the passage of I-100, Mr. Footer made the good faith, reasonable
assumption that the possession of small quantities of marijuana by
responsible adults was now legal in Denver," said Brian Vicente, an
attorney who heads the marijuana advocacy group, Sensible Colorado,
and a member of Footer's three-attorney defense team.