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In a move that supporters claimed would give police more crime-fighting powers, City Council passed an ordinance Wednesday to make possession of small amounts of marijuana punishable by fines and jail time.
For first-time offenders, the measure makes the possession of less than 200 grams a fourth-degree misdemeanor, with maximum penalties of 30 days in jail and a $250 fine. Subsequent offenses would be a first-degree misdemeanor, with maximum penalties of six months in jail and a $1,000 fine.
Until now, those caught with less than 100 grams of the drug in the city were only ticketed and not subject to arrest.
Elevating the offense to a misdemeanor enables police to arrest and then subsequently search suspects, said Council Member Cecil Thomas, chairman of the Law & Public Safety Committee and sponsor of the ordinance.
Police Chief Thomas H. Streicher Jr. said the expanded search powers the ordinance affords would likely lead to seizure of other contraband, such as guns. The new law would also require defendants to go to a judge who could sentence them to drug rehab programs.
Councilman David Crowley, who with Vice Mayor Jim Tarbell opposed the ordinance, called it "regressive."
Mayor Mark Mallory said he would allow the measure to become law without his signature, as a show of his disapproval. But to veto it would be an "an exercise of futility," he said, since supporters had sufficient votes for a veto override.
Thomas said drug dealers who frequent the city know exactly how much they can carry under Ohio law - up to 100 grams, about the size of a cigarette - and only be subject to a "pay out" ticket.
Streicher said marijuana possession laws in Kentucky and Indiana are much stiffer. With Cincinnati's proximity to those states and easy access, drug dealers find the city a haven to ply their trade, he said. "If I was going to buy a lawn mower and in two places it costs $400 and in one it cost $250, guess where you are going to go."
But Crowley said studies show that 90 percent of those cited for marijuana possession were from the city and Thomas' ordinance was unneeded. Last year, Cincinnati police handed out 4,100 marijuana citations, according to Councilwoman Leslie Ghiz.
Tarbell said he'd heard from no one expressing support for the law, but several people had contacted his office opposed to it. No one spoke in favor of the legislation at Wednesday's meeting, but several spoke against it.
Thomas said neighborhood groups were willing to come and speak for the ordinance, but he told them he had the votes to get it passed.
Though the ordinance, as well as Ohio law, does not distinguish between those who use marijuana for medical or recreational reasons, Thomas does not expect police to target college students or those who use it to self-medicate.
"That's not who they'll be going after," he said. "I'm not concerned about that because crime is occurring in our troubled neighborhoods."
In fact, Thomas said he is not totally opposed to legalizing the drug, though Council does not have the authority to do that. His main concern with that would be the negative impact on public health.
Source: Cincinnati Post (OH)
Copyright: 2006 The Cincinnati Post
Contact: postedits@cincypost.com
Website: Cincypost.Com
For first-time offenders, the measure makes the possession of less than 200 grams a fourth-degree misdemeanor, with maximum penalties of 30 days in jail and a $250 fine. Subsequent offenses would be a first-degree misdemeanor, with maximum penalties of six months in jail and a $1,000 fine.
Until now, those caught with less than 100 grams of the drug in the city were only ticketed and not subject to arrest.
Elevating the offense to a misdemeanor enables police to arrest and then subsequently search suspects, said Council Member Cecil Thomas, chairman of the Law & Public Safety Committee and sponsor of the ordinance.
Police Chief Thomas H. Streicher Jr. said the expanded search powers the ordinance affords would likely lead to seizure of other contraband, such as guns. The new law would also require defendants to go to a judge who could sentence them to drug rehab programs.
Councilman David Crowley, who with Vice Mayor Jim Tarbell opposed the ordinance, called it "regressive."
Mayor Mark Mallory said he would allow the measure to become law without his signature, as a show of his disapproval. But to veto it would be an "an exercise of futility," he said, since supporters had sufficient votes for a veto override.
Thomas said drug dealers who frequent the city know exactly how much they can carry under Ohio law - up to 100 grams, about the size of a cigarette - and only be subject to a "pay out" ticket.
Streicher said marijuana possession laws in Kentucky and Indiana are much stiffer. With Cincinnati's proximity to those states and easy access, drug dealers find the city a haven to ply their trade, he said. "If I was going to buy a lawn mower and in two places it costs $400 and in one it cost $250, guess where you are going to go."
But Crowley said studies show that 90 percent of those cited for marijuana possession were from the city and Thomas' ordinance was unneeded. Last year, Cincinnati police handed out 4,100 marijuana citations, according to Councilwoman Leslie Ghiz.
Tarbell said he'd heard from no one expressing support for the law, but several people had contacted his office opposed to it. No one spoke in favor of the legislation at Wednesday's meeting, but several spoke against it.
Thomas said neighborhood groups were willing to come and speak for the ordinance, but he told them he had the votes to get it passed.
Though the ordinance, as well as Ohio law, does not distinguish between those who use marijuana for medical or recreational reasons, Thomas does not expect police to target college students or those who use it to self-medicate.
"That's not who they'll be going after," he said. "I'm not concerned about that because crime is occurring in our troubled neighborhoods."
In fact, Thomas said he is not totally opposed to legalizing the drug, though Council does not have the authority to do that. His main concern with that would be the negative impact on public health.
Source: Cincinnati Post (OH)
Copyright: 2006 The Cincinnati Post
Contact: postedits@cincypost.com
Website: Cincypost.Com
