The law isn’t exactly the law

Hayley Jaqua, a 25-year-old full-time college student recently charged with a petty drug offense, is the subject of my Denver Post column today. According to the Higher Education Act’s aid elimination penalty provision — passed by Congress without any debate in 1998 — a student must check off a box on financial aid applications, revealing any drug offenses. Jaqua was caught with small amount of pot. Still, even her 100 dollar ticket may mean a denial of college aid.

According to marijuana-legalization advocates — and the ACLU — more than 200,000 students have lost out on financial aid for this reason since 1998.

What’s more irritating to me, at least, is that Denver had passed an initiative legalizing the carrying of small amount of marijuana in 2005. It went completely ignored. The next year pot busts actually rose in Denver. “It’s still illegal in the city of Denver, because Denver’s in Colorado,” Denver District Attorney Mitch Morrissey (who works for the people of Denver) once helpfully explained.

A couple of days ago, Mile High voters passed another initiative making marijuana busts the city’s lowest priority. Denver cops just follow state law. And most residents realize, again, their vote will be ignored.

Is the city gaining anything from moving forward with prosecutions that cost taxpayers - taxpayers who have already plainly stated they don’t want to prosecute - thousands of dollars for every case?

And why do we have initiatives in Denver if city officials simply ignore them anyway?

You know, sometimes you have to wonder who exactly is smoking ganja around here.