Statements made last week by Columbia Police Chief Ken Burton have stirred excitement among advocates of marijuana legalization, and the chief stands by his claim that he does not know how to enforce the city's marijuana ordinance.
Blogs and marijuana legalization supporters across the country have cited Burton's comments from a May 20 news conference. The chief's comments came as he was outlining the findings of an investigation into a February SWAT drug raid at a Columbia home that resulted in the discovery of a misdemeanor amount of marijuana.
"If we can get out of the business, I think there is a lot of police officers that would be happy to do that," he said of using police resources to enforce marijuana laws. "Unfortunately, it is still a matter of law. ... Crimes of violence do happen because of marijuana. ... I don't have anything against it except it is against the law."
Burton also said, in reference to the push for the legalization of marijuana, "I am with you on the fight. I hope you are successful at some point."
Kelly Maddy, Joplin chapter president of the National Organization for the Reform of Marijuana Laws, said Burton's remarks could help renew his organization's efforts to reduce penalties for the possession of misdemeanor amounts of marijuana in Joplin. A 2008 petition effort fell 500 signatures short of placing its initiative on the November 2008 ballot.
Burton said he stands by his statements about Columbia's ordinance but that he does not have an opinion on the issue of legalization, except that he is pro-law enforcement.
"I have read articles that say it is no more damaging to your system or to your body than cigarettes or alcohol. On that argument alone, if that is actually true, then I think the dialogue should at least be started," he said. "People are obviously doing it, and it seems to be pretty popular across the country. If they are going to do it anyway and we are not impacting the crime rate by enforcing those laws, then maybe the government needs to look at that."
The chief also mentioned during the news conference his confusion over how to enforce the city's misdemeanor marijuana ordinance, which says "the enforcement of laws against marijuana shall be among the lower priorities of law enforcement."
In November 2004, Columbia voters approved a measure that made marijuana enforcement "the lowest law enforcement priority." The item also sets standards for misdemeanor marijuana violations, with a maximum fine of $250 and no arrest.
The measure passed with 62 percent voter approval but was amended in 2006 by the Columbia City Council over some problematic issues. The Columbia Police Officers Association forced negotiations by starting its own petition to remove the voter-approved ordinance.
Former Boone County Prosecuting Attorney Kevin Crane said he does not remember the petition language but he recalled it being confusing, which is why he and Dan Viets, a Columbia civil rights attorney, thought amendments to the ordinance would be the best solution.
"If put to a vote for a second time, we were not sure if it would be the same outcome," said Viets, who represented Columbia Alliance for Patients and Education. "We were tired and didn't have any more money. We wanted to stop that cycle."
A similar ballot item had failed in April 2003.
Despite the 2006 alterations, which exempted prior offenders from the more lenient municipal penalties, Burton said he thinks Columbia's marijuana law was written without much thought as to how officers would enforce it. He said the ordinance supersedes the state statute for misdemeanor possession and that if he were an officer, he would not be sure how to interpret it.
Stephanie Morrell, a Boone County assistant prosecuting attorney, said she seldom has found a misdemeanor case that was filed incorrectly and should have gone to city court.
But despite the fact that officers are mostly filing violations according to the city's ordinance, "I don't think it's an ordinance that I can comply with. It is impossible to comply with," Burton said. "If I stop you, do I ignore that it's a state law if your pockets are full of marijuana?"
He said the only way to solve the problem would be a federal repeal of marijuana laws.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Columbia Daily Tribune
Author: Brennan David
Copyright: 2010 The Columbia Daily Tribune
Blogs and marijuana legalization supporters across the country have cited Burton's comments from a May 20 news conference. The chief's comments came as he was outlining the findings of an investigation into a February SWAT drug raid at a Columbia home that resulted in the discovery of a misdemeanor amount of marijuana.
"If we can get out of the business, I think there is a lot of police officers that would be happy to do that," he said of using police resources to enforce marijuana laws. "Unfortunately, it is still a matter of law. ... Crimes of violence do happen because of marijuana. ... I don't have anything against it except it is against the law."
Burton also said, in reference to the push for the legalization of marijuana, "I am with you on the fight. I hope you are successful at some point."
Kelly Maddy, Joplin chapter president of the National Organization for the Reform of Marijuana Laws, said Burton's remarks could help renew his organization's efforts to reduce penalties for the possession of misdemeanor amounts of marijuana in Joplin. A 2008 petition effort fell 500 signatures short of placing its initiative on the November 2008 ballot.
Burton said he stands by his statements about Columbia's ordinance but that he does not have an opinion on the issue of legalization, except that he is pro-law enforcement.
"I have read articles that say it is no more damaging to your system or to your body than cigarettes or alcohol. On that argument alone, if that is actually true, then I think the dialogue should at least be started," he said. "People are obviously doing it, and it seems to be pretty popular across the country. If they are going to do it anyway and we are not impacting the crime rate by enforcing those laws, then maybe the government needs to look at that."
The chief also mentioned during the news conference his confusion over how to enforce the city's misdemeanor marijuana ordinance, which says "the enforcement of laws against marijuana shall be among the lower priorities of law enforcement."
In November 2004, Columbia voters approved a measure that made marijuana enforcement "the lowest law enforcement priority." The item also sets standards for misdemeanor marijuana violations, with a maximum fine of $250 and no arrest.
The measure passed with 62 percent voter approval but was amended in 2006 by the Columbia City Council over some problematic issues. The Columbia Police Officers Association forced negotiations by starting its own petition to remove the voter-approved ordinance.
Former Boone County Prosecuting Attorney Kevin Crane said he does not remember the petition language but he recalled it being confusing, which is why he and Dan Viets, a Columbia civil rights attorney, thought amendments to the ordinance would be the best solution.
"If put to a vote for a second time, we were not sure if it would be the same outcome," said Viets, who represented Columbia Alliance for Patients and Education. "We were tired and didn't have any more money. We wanted to stop that cycle."
A similar ballot item had failed in April 2003.
Despite the 2006 alterations, which exempted prior offenders from the more lenient municipal penalties, Burton said he thinks Columbia's marijuana law was written without much thought as to how officers would enforce it. He said the ordinance supersedes the state statute for misdemeanor possession and that if he were an officer, he would not be sure how to interpret it.
Stephanie Morrell, a Boone County assistant prosecuting attorney, said she seldom has found a misdemeanor case that was filed incorrectly and should have gone to city court.
But despite the fact that officers are mostly filing violations according to the city's ordinance, "I don't think it's an ordinance that I can comply with. It is impossible to comply with," Burton said. "If I stop you, do I ignore that it's a state law if your pockets are full of marijuana?"
He said the only way to solve the problem would be a federal repeal of marijuana laws.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Columbia Daily Tribune
Author: Brennan David
Copyright: 2010 The Columbia Daily Tribune
