VIA ELECTRONIC MAIL February 20, 2014 Mayor, City and County of Denver Denver City Council Denver City

Attorney 1437 Bannock Street Denver, Colorado 80203 Re: Denver 420 Rally Permission for Adult Recreational Marijuana Consumption in Civic Center Park on April 1920, 2014

Dear Mayor, City Council, and City Attorney: This law firm is General Counsel and represents the Denver 420 Rally and Miguel Lopez, Community Organizer for the 420 Rally. I am a drafter of Amendment 64, officially titled as “The Regulate Marijuana Like Alcohol Act of 2012.” Amendment 64 was supported by a substantial majority of the voters in Denver County and Statewide. Amendment 64 is now codified as a part of the Supreme Law of Colorado, the Colorado Constitution, Article XVIII § 16. Our State Constitution supersedes all state or local laws, statutes, regulations, or ordinances, and in the event of a conflict between the Constitution and a lower level of law, the Constitution controls. In addition to promoting “the efficient use of law enforcement resources,” and promoting “individual freedom,” it was the intent of the drafters of Amendment 64, myself included, to protect the interests of those who own, occupy, or control property, either public or private. It was important to we framers of the Constitution that individuals and entities who

own, occupy, or control a piece of property have the say on what happens on their property related to Amendment 64. As we say in America, “A Man’s Home is His Castle.” Accordingly, the Colorado Constitution, Article XVIII § 16(6)(d) (“Amendment 64”) expressly provides (d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER, SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY, TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA ON OR IN THAT PROPERTY. Colorado Constitution, Article XVIII § 16(6)(d) (Control of Property). On 4/20, Denver’s Civic Center Park is Our “Castle.” As the permit holder for Civic Center Park on April 19-20, 2014, and consequently the entity that “occupies or controls” this property, my clients and I respectfully advise the City and County of Denver that we will be “otherwise regulating” the “possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana” by permitting the “possession,” “consumption,” “use,” “display,” “transfer,” “distribution,” and “transportation” of marijuana by adults age 21+, and by “prohibiting” the “sale” and “growing” of marijuana in the permitted area of Civic Center Park on April 19-20, 2014 during the permitted periods for the Annual 420 Rally. This letter will be distributed widely, and itself would furnish a plausible defense to anyone cited for marijuana-related offenses during the Rally. This letter is not to be construed to limit our future right to expand the scope of our permission by allowing the “sale” or “growing” of marijuana at the event in future years. At this point, 420 Rally organizers have opted for an incremental approach for 2014, taking small “baby-steps,” and have decided to prohibit the “sale” and “growing” of marijuana during the rally, but to allow all of the other constitutionally-protected activities on the property we occupy and control.


The City and County of Denver is not required to issue a specific Marijuana Consumption permit for these constitutionally-protected activities, although if the city opted to do so, we would welcome Denver’s recognition of reality. We understand that a fringe minority faction of the Denver City Council has engaged in irresponsibly belligerent threats about an alleged increased Police enforcement of petty offenses this year at the 420 Rally. Fortunately, the Denver Police Department serves not as a personal police force at the “beck and call” of any individual City Council member, but rather serves all people and takes an oath to uphold the Colorado Constitution. Additionally, it seems apparent that the Denver Police Department itself, and the men and women that serve within it, are not on board with such extremist sentiment. We expect that the Denver Police Department’s common sense will continue. It should be noted that Rally speakers, myself included, personally commend the Denver Police during my keynote speech at 4:20 p.m., every year, from the stage. Unfortunately, any marijuana enforcement would disproportionately target the disadvantaged, the poor, and racial and ethnic minorities. As President Barack Obama recently stated: “Middle-class kids don't get locked up for smoking pot, and poor kids do, … And African-American kids and Latino kids are more likely to be poor and less likely to have the resources and the support to avoid unduly harsh penalties. … We should not be locking up kids or individual users for long stretches of jail time when some of the folks who are writing those laws have probably done the same thing, … it’s important for society not to have a situation in which a large portion of people have at one time or another broken the law and only a select few get punished.” Denver should resist law enforcement targeting that disproportionately harms people from disadvantaged groups, for conduct that the majority of people have engaged in, i.e. the consumption of marijuana. This fringe faction on City Council also makes the laughable claim that Civic Center Park is somehow an idyllic park, an urban “crown jewel,” where parents can take their children to picnic. As a Father of four young children who live in Denver, my family does not picnic in Civic Center Park, and I know of no other family that does. There are no picnic tables in Civic

Center Park. The only times that park is safe is during permitted events. Otherwise, the City has abdicated any interest in protecting and valuing this space, and has surrendered it. Which brings me to another point of this missive. It is important for public servants to recognize fact, and live in the world of reality. And the reality is that on April 20, in Denver’s Civic Center Park, there is nothing that the City, nor the Denver Police, nor the Rally organizers, can do within reason in a Free County to stop thousands of people from consuming marijuana, in that space, on that day. It is patently obvious to anyone that has paid attention over the past ten years that, in that place, on that day, marijuana will be consumed by thousands of people. 4/20 has become a unique cultural event. It is a Marijuana Holiday. Attempts to stop such reality would be unwise, wasteful, excessive, unnecessary, potentially dangerous, and would contribute to an erosion of public respect for law enforcement. Denver Police might as well try to stop public consumption of alcohol by tailgaters in the parking lot before a Bronco game. Such would be equally ridiculous and absurd. In past years on 4/20, the Denver Police have admirably joined Rally organizers and participants in living in this world of reality. The Denver Police, while certainly present in significant numbers at the Rally to “Protect and Serve,” have been largely restrained and a good steward of limited taxpayer resources, and other than a few limited instances, have exercised tolerance and common sense in not issuing mass citations or arrests for minor marijuana issues. And all of this was before marijuana was legal. The Denver Police and court system have many more important things to do than cite and prosecute hundreds of peaceful people for petty victimless marijuana consumption. For the past eight years of the 420 Rally, lawyers from my law firm have offered to defend, free of charge, any person cited for possession or consumption of marijuana at the 420 Rally. Though it took many hours of our time, I am proud to say that not a single conviction has resulted in those eight years against a person who took us up on our pro bono offer. Our offer continues for 2014. We understand that in the past, the City and County of Denver has endorsed the possession, consumption, and even the sale, of hard liquor, tequila, vodka, beer, wine, etc. in Civic Center Park at events such as the Taste of Colorado, Cinco de Mayo, Pridefest, People’s Fair, ski exhibition, and so forth. These events are all positive aspects of Denver’s culture. So is 420. If we are to “Regulate Marijuana Like Alcohol,” as the Colorado

Constitution requires, then the sale of marijuana should also be permitted. However, the Rally is content to limit our own constitutional rights for this year only and prohibit the sale of marijuana, this year. Finally, City Council and other 420 critics have wisely opted not to “blame the victim” and assess responsibility for last year’s random shooting on the Rally organizers or participants. Obviously, the Boston Marathon bombing that occurred shortly before 420 was not the fault of Marathon organizers. However, we are very troubled about the City’s apparent lack of interest in solving the crime of the shooting. In the days following the shooting, it was stated by Denver officials that the shooting is “gang-related.” If it is “gang-related,” then there must be some knowledge about the identity of the perpetrator(s). If we had no knowledge whatsoever of the perpetrator(s), then there could be no statement that it is “gang-related.” My clients and I are very concerned that the failure of the City to devote resources to solving that serious crime potentially emboldens others due to the perception that marijuana consumers are second-class citizens who do not deserve Police protection and diligence in solving crimes. We hope that instead of focusing on peaceful marijuana users at the rally who harm no one, the City can focus limited law enforcement resources on solving a serious crime where innocent people were shot. Thank you for your attention. We look forward to another historic year as the World’s Largest 420 Rally. If you have any further questions or need any further information, please do not hesitate to contact me at 303-634-2244. Sincerely, /s/ Robert J. Corry, Jr. Robert J. Corry, Jr.


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