Jopin Missouri Sensible Sentencing Initiative Petition

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JOPLIN, MISSOURI SENSIBLE SENTENCING INITIATIVE PETITION



TO: CITY COUNCIL
CITY OF JOPLIN
JOPLIN, MISSOURI

We, the undersigned, being duly qualified electors of the City of Joplin, State of Missouri, present this Initiative Petition and respectfully request that the following proposed ordinance of the City of Joplin be passed by the City Council, and if not passed by the City Council, that it be submitted to a vote of the people of the City of Joplin.

The proposed ordinance is as follows:

AN ORDINANCE ESTABLISHING POLICY FOR MARIJUANA POSSESSION AND PARAPHERNALIA POSSESSION BY ADULTS PROSECUTIONS, amending Chapter 82 of the Code of Ordinances of the City of Joplin, Missouri by adding a provision to Chapter 82 of Article V relating to prosecuting marijuana and paraphernalia cases in the Municipal Court of the City of Joplin pursuant to applicable city ordinances, and fixing a time when this ordinance shall become effective.

NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF JOPLIN, MISSOURI, AS FOLLOWS:

That Article V, Chapter 82 of the Code of Ordinances of the City of Joplin, Missouri relating to the possession of a misdemeanor amount of marijuana as defined by state law and possession of marijuana drug paraphernalia is amended as follows:

(A) The purpose of this Initiative is to ensure that adults as defined by state criminal statutes are not arrested and suffer only a fine and/or community service or counseling and no other punishment or penalty, for the possession of a misdemeanor amount of marijuana and/or marijuana paraphernalia. This Initiative shall be liberally construed for the accomplishment of these purposes.

(B) When any law enforcement officer suspects any adult of possession of a misdemeanor amount of marijuana and/or possession of marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, be taken into custody for any purpose nor detained for any reason other than the issuance of a summons, suffer prosecution, suffer incarceration, suffer loss of driver’s license, or any other legal punishment or penalty other than: the issuance of a summons and, if found guilty, a fine of up to $250. There shall be a strong presumption that the proper disposition of any such case is to suspend the imposition of sentence and/or require community service work and/or drug counseling and education. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office, unless the adult is also charged with a felony offense arising from the same set of facts and circumstances.

(C) The provisions of this measure are severable—if any provision of this measure is declared invalid, that invalidity shall not affect other provisions of the measure which can be given effect without the invalid provision.

(D) This Ordinance shall be effective upon passage by the Joplin City Council or voters of the City of Joplin and any city ordinance or regulation that is inconsistent with this Ordinance shall be null and void once this Ordinance is passed.

(E) The message of this ordinance is that people should not use marijuana, but should also not lose opportunities for education and employment because of such use. The limited resources of law enforcement should be directed primarily toward crimes of violence or property loss. The enforcement of laws against marijuana shall be the lowest law enforcement priority.

About the Initiative

Under current Missouri law, people arrested for simple possession of any amount of marijuana can face up to a year in jail and a fine of up to $1000.

In addition, if a person is arrested for marijuana possession, regardless of the amount, a criminal record is generated — a black mark on his or her record that lingers long after the minor offense and jeopardizes the person's ability to obtain jobs, housing, and school loans.

By passing this initiative, we can put an end to these unjust and costly policies.

What would the Sensible Sentencing marijuana decriminalization initiative do?

Amend the current code of ordinances so that adults possessing 35 grams or less of marijuana for personal use would be charged with a civil infraction and fined.

Remove the threat of a criminal record for minor marijuana possession charges.

Remove the threat of revocation of federal financial aid from students who are arrested for small amounts of marijuana.

Save Joplin law enforcement resources that are currently wasted on low-level marijuana possession arrests.


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