I knew it would only be a matter of time before someone challenged the new "law" here in Denver.
DENVER - A man arrested for marijuana possession is expected to become the first person to challenge the city of Denver on the issue.
This comes after Denver residents voted to legalize possession of small amounts of the plant during a referendum last month.
Real estate consultant Eric Footer says he thought there'd be no problem when a police officer found marijuana in his car because he thought possession was legal in Denver. The incident happened the day after the Initiative 100 results were certified.
Denver Police and prosecutors have said they will continue to enforce state laws that say any pot possession is illegal.
In court Thursday Footer is expected to insist on a court date rather than pay a $200 fine. He says he doesn't understand why authorities aren't enforcing the new city ordinance.
Footer is getting legal support from proponents of legalizing marijuana. Court officials say a date for his arraignment will be set.