Marianne
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Will a Crawford County judge just say 'yes' to a pot referendum? A 51-year-old Townville man is counting on it in his bid to make marijuana legal.
Charles E. Stiles Jr. said he has gathered 625 signatures in favor of a ballot initiative that would allow adults to grow and use cannabis. When Crawford County elections director Marlene Robertson declined to accept the petition on July 18, Stiles sued her.
"( We have ) all these people who think we have a chance of maybe making pot legal, and if all I do is tell them 'Gee, I'm sorry,' they're going to be disappointed," Stiles said. "So of course I took it to the courts."
Pennsylvania election laws permit only a narrow range of referenda, but Stiles said his marijuana question falls under the "wet-dry" provision that allows municipalities to regulate alcohol. Robertson rejected that argument and referred Stiles' claim to the county solicitor.
"The code is very specific as to what can actually be put on the ballot," Robertson said. "Because it is a non-binding question, that's the first thing that knocks it off. And the second is that it usurps state law, which you can't do because marijuana is illegal."
State statutes classify marijuana possession as a misdemeanor for quantities of less than 30 grams. Sentences can include probation, up to 30 days in jail and a $500 fine. Penalties are steeper for larger caches and for individuals who grow or sell the drug. Marijuana also is regulated by the federal Controlled Substances Act, which the Department of Justice has applied in recent years to challenge relaxed drug laws in Alaska, California and Oregon.
"There are many people that are going to jail and prison for simple possession," Stiles said. "It costs taxpayers money, and it takes away from the economy. I think that everyone ought to have the same rights on this earth, and it appears that pot smokers often are persecuted and prosecuted."
Stiles called Crawford County the right venue for launching a new challenge to restrictive marijuana laws. He is organizing a Nov. 4 rally at Diamond Park in Meadville and said he expects 1,000 people to attend.
"We're optimistic, and we believe we maybe have a lot of people behind the curtain who may be sympathizers," Stiles said.
His ballot initiative simply declares cannabis possession and cultivation to be legal in Crawford County and suggests that district judges and the county treasurer could address specifics. Stiles said he favors a licensing system that would charge pot growers a per-plant fee.
"In May and June, when everyone's starting to grow their plants, they would pay the county $5," he said. "I predict the county will see at least $1 million the first year."
In his handwritten, single-page lawsuit, Stiles asks the Crawford County Common Pleas Court to issue a mandamus order compelling Robertson to place the question on November's ballot.
Solicitor Mark Stevens had ruled that Stiles' suit was improperly filed and thus required no response from the court. Stiles said he has corrected the errors and is anticipating a hearing in August. Officials in the Crawford County prothonotary's office reported no pending action on Stiles' filing as of Friday.
Should the case proceed to court, Stiles' chances appear dim. He said he is resting his case on two factors: 1 ) the petition signatures and 2 ) his belief that liquor and marijuana both qualify as "libation for recreation."
On the first point, the state's liquor and election codes are full-tilt against Stiles. The 1933 act permitting local alcohol referenda proscribes seven precise ballot questions that are eligible for consideration; each references "liquor" or "malt or brewed beverages."
Liquor law also states that referenda must be carried out in an odd-year primary, not an even-year general election. Finally, a referendum requires a number of petition signatures equal to 25 percent of the highest tally a candidate earned in the previous general election. In Stiles' case, that means Crawford County Treasurer Frederic Wagner, who received 9,610 votes in November - and therefore set a bar of 2,402 signatures.
On the non-technical question of whether alcohol and marijuana constitute the same category of drug, Stiles likely would have to pursue legal action in the Pennsylvania Supreme Court, according to the state's Bureau of Campaigns and Elections.
If Stiles succeeds, his quest would mark the second time Crawford County has provided ammunition to foes of the drug war. In 1972, former Pennsylvania Gov. Raymond Shafer - a one-time state senator and district attorney in the county - headed a Nixon administration policy panel that backed marijuana decriminalization.
Prevalence Of Pot
Stiles is one of a growing number of activists and voters who favor new approaches to illegal drugs, particularly marijuana. Though smoking the plant remains a violation of federal law, the National Institutes of Health reported in 2004 that 14.6 million Americans use pot at least once a month.
In Venango County, law enforcement officials have cracked down on the drug harder than authorities almost anywhere in the state, according to the Uniform Crime Report, a Department of Justice database. In 2002, the county reported 147 marijuana-related arrests. Relative to population, Venango has the fourth-highest pot arrest rate of Pennsylvania's 67 counties.
"There is a reason," said Michael Hadley, an Oil City attorney who specializes in drug law. "Drugs, unlike any other crime, are a pure result of enforcement. Nationwide, the use of any drug is statistically the same in any community, but if you arrest 10 people in Beverly Hills, but 100 in Venango County, you're going to have a higher rate here."
Marijuana laws in Pennsylvania remain comparatively harsh, Hadley said. Ohio treats possession of small quantities in the same manner as a traffic offense, while 17,199 Pennsylvanians were arrested on pot possession charges in 2002. Changes to the law would require legislative action, and the best advocates for reform are impartial, Hadley said.
"The pot grower or pot smoker is not the good front person," he said. "You can't be on the one hand out breaking the law and then ask for it to be changed."
Newshawk: Happykid - 420 Magazine
Source: Derrick, The (PA)
Author: Adam Milasincic
Pubdate: Fri, 28 Jul 2006
Copyright: 2006 The Derrick
Contact: info@thederrick.com
Website: The Derrick
Charles E. Stiles Jr. said he has gathered 625 signatures in favor of a ballot initiative that would allow adults to grow and use cannabis. When Crawford County elections director Marlene Robertson declined to accept the petition on July 18, Stiles sued her.
"( We have ) all these people who think we have a chance of maybe making pot legal, and if all I do is tell them 'Gee, I'm sorry,' they're going to be disappointed," Stiles said. "So of course I took it to the courts."
Pennsylvania election laws permit only a narrow range of referenda, but Stiles said his marijuana question falls under the "wet-dry" provision that allows municipalities to regulate alcohol. Robertson rejected that argument and referred Stiles' claim to the county solicitor.
"The code is very specific as to what can actually be put on the ballot," Robertson said. "Because it is a non-binding question, that's the first thing that knocks it off. And the second is that it usurps state law, which you can't do because marijuana is illegal."
State statutes classify marijuana possession as a misdemeanor for quantities of less than 30 grams. Sentences can include probation, up to 30 days in jail and a $500 fine. Penalties are steeper for larger caches and for individuals who grow or sell the drug. Marijuana also is regulated by the federal Controlled Substances Act, which the Department of Justice has applied in recent years to challenge relaxed drug laws in Alaska, California and Oregon.
"There are many people that are going to jail and prison for simple possession," Stiles said. "It costs taxpayers money, and it takes away from the economy. I think that everyone ought to have the same rights on this earth, and it appears that pot smokers often are persecuted and prosecuted."
Stiles called Crawford County the right venue for launching a new challenge to restrictive marijuana laws. He is organizing a Nov. 4 rally at Diamond Park in Meadville and said he expects 1,000 people to attend.
"We're optimistic, and we believe we maybe have a lot of people behind the curtain who may be sympathizers," Stiles said.
His ballot initiative simply declares cannabis possession and cultivation to be legal in Crawford County and suggests that district judges and the county treasurer could address specifics. Stiles said he favors a licensing system that would charge pot growers a per-plant fee.
"In May and June, when everyone's starting to grow their plants, they would pay the county $5," he said. "I predict the county will see at least $1 million the first year."
In his handwritten, single-page lawsuit, Stiles asks the Crawford County Common Pleas Court to issue a mandamus order compelling Robertson to place the question on November's ballot.
Solicitor Mark Stevens had ruled that Stiles' suit was improperly filed and thus required no response from the court. Stiles said he has corrected the errors and is anticipating a hearing in August. Officials in the Crawford County prothonotary's office reported no pending action on Stiles' filing as of Friday.
Should the case proceed to court, Stiles' chances appear dim. He said he is resting his case on two factors: 1 ) the petition signatures and 2 ) his belief that liquor and marijuana both qualify as "libation for recreation."
On the first point, the state's liquor and election codes are full-tilt against Stiles. The 1933 act permitting local alcohol referenda proscribes seven precise ballot questions that are eligible for consideration; each references "liquor" or "malt or brewed beverages."
Liquor law also states that referenda must be carried out in an odd-year primary, not an even-year general election. Finally, a referendum requires a number of petition signatures equal to 25 percent of the highest tally a candidate earned in the previous general election. In Stiles' case, that means Crawford County Treasurer Frederic Wagner, who received 9,610 votes in November - and therefore set a bar of 2,402 signatures.
On the non-technical question of whether alcohol and marijuana constitute the same category of drug, Stiles likely would have to pursue legal action in the Pennsylvania Supreme Court, according to the state's Bureau of Campaigns and Elections.
If Stiles succeeds, his quest would mark the second time Crawford County has provided ammunition to foes of the drug war. In 1972, former Pennsylvania Gov. Raymond Shafer - a one-time state senator and district attorney in the county - headed a Nixon administration policy panel that backed marijuana decriminalization.
Prevalence Of Pot
Stiles is one of a growing number of activists and voters who favor new approaches to illegal drugs, particularly marijuana. Though smoking the plant remains a violation of federal law, the National Institutes of Health reported in 2004 that 14.6 million Americans use pot at least once a month.
In Venango County, law enforcement officials have cracked down on the drug harder than authorities almost anywhere in the state, according to the Uniform Crime Report, a Department of Justice database. In 2002, the county reported 147 marijuana-related arrests. Relative to population, Venango has the fourth-highest pot arrest rate of Pennsylvania's 67 counties.
"There is a reason," said Michael Hadley, an Oil City attorney who specializes in drug law. "Drugs, unlike any other crime, are a pure result of enforcement. Nationwide, the use of any drug is statistically the same in any community, but if you arrest 10 people in Beverly Hills, but 100 in Venango County, you're going to have a higher rate here."
Marijuana laws in Pennsylvania remain comparatively harsh, Hadley said. Ohio treats possession of small quantities in the same manner as a traffic offense, while 17,199 Pennsylvanians were arrested on pot possession charges in 2002. Changes to the law would require legislative action, and the best advocates for reform are impartial, Hadley said.
"The pot grower or pot smoker is not the good front person," he said. "You can't be on the one hand out breaking the law and then ask for it to be changed."
Newshawk: Happykid - 420 Magazine
Source: Derrick, The (PA)
Author: Adam Milasincic
Pubdate: Fri, 28 Jul 2006
Copyright: 2006 The Derrick
Contact: info@thederrick.com
Website: The Derrick
