Herb Fellow
New Member
In Concord, a first-time marijuana offender can usually strike a deal with prosecutors by entering an educational diversion program to avoid a criminal record. In Lebanon, "what you get there is a $500 fine and good luck to you," as one public defender puts it.
The State House debate on a bill that would decriminalize possession of small amounts of marijuana has centered on young people and what convictions mean for their college prospects. The bill cleared the House earlier this month and now heads to the Senate, where support is doubtful. Gov. John Lynch said he would veto the bill, saying it sends the "wrong message" to young people. But supporters say that marijuana convictions jeopardize students' eligibility for federal scholarships and student loans, a penalty that they say is excessive and life-altering.
The reality is more complicated and reflects efforts by local and federal authorities to give first-time drug offenders a second chance. Moreover, in New Hampshire, the outcome for a first-time drug offender in court often depends on geography.
When high-schoolers or college students take a pencil to the federal financial aid form known as the FAFSA, they will find a less strict drug policy than their older siblings likely saw. Because of changes enacted last year, students will lose eligibility for a set period of time only if they were in school and getting federal aid at the time they committed the offense. And students can win back their eligibility by entering an approved drug rehab program.
Congress has debated loosening restrictions further. Still, under current law, a student convicted while receiving scholarships is still required to "pay back all aid he or she received after the student's conviction."
Under New Hampshire law, marijuana possession is a misdemeanor punishable by a maximum $2,000 fine and up to a year in jail. The bill that recently passed the House would cut that to a violation and make the top penalty a $200 fine.
Across the state, there are prosecutors and judges who make a practice of giving first offenders a lesser penalty - with the hook that the person must enter an educational treatment program.
"We have the ability within the law right now to do precisely what they are attempting to do - to reduce it to a violation-level offense if, in fact, that is appropriate," said Concord District Court Judge Gerard Boyle. "But it's not something that always happens." Boyle said he sees about a dozen such cases a week and estimates that the typical first offender is between 17 and 24 years old.
Public defenders interviewed for this story said that in drug cases, their clients often worry about eligibility for public housing, for jobs, and for travel to Canada. Chris Keating, who oversees the public defender program, said that of the "hundreds and hundreds" of marijuana cases his office sees, many clients are worried about their future educational prospects. "Our clients are poor but they don't want to be poor forever," he said. "And I think we all know one of the best ways to not be poor forever is to go to college."
Defense attorney George Ostler practices with a firm that handles between 10 and 15 marijuana cases a year for students at Dartmouth and at the University of Vermont.
In Vermont, first-time drug offenders are typically sent to a statewide diversion program. In New Hampshire, Ostler said, it's "not uncommon" for a prosecutor to reduce the charge on a first offense, but there's no organized diversion program in Grafton County, where he often practices. "A lot of times it's important to be represented by counsel that knows what's going on," he said.
In Merrimack County, there is a diversion program - the FAST program, for First-time Alcohol and Substance Treatment, pioneered by County Attorney Dan St. Hilaire.
In Hillsborough County, prosecutors vary their approach from court to court. "On any given day, you have a prosecutor who does what the FAST program does, but without any consistency, to be honest with you," said Hillsborough County Attorney Marguerite Wageling, who hopes to set up a program like FAST in her county this year. "It's catch as catch can."
Belknap County is in a similar position. County Attorney Jim Carroll says sentence reduction for first-time offenders is widely practiced, as a sort of "unspoken" rule. "When I was a prosecutor I did it," said Carroll, the former city prosecutor in Laconia. "When I was a defense attorney I lobbied for it, and I generally was successful."
College students also get help from their administrations. Plymouth State University has built a relationship with the local district court. Any student caught on a first-time marijuana or alcohol offense can cut his or her criminal charges if he or she attends an on-campus diversion program, said Dean of Students Tim Keefe. Last year, 65 students attended the program. School administrators review Plymouth's arrest reports weekly.
"If you're arrested in town, we see it and deal with it institutionally," Keefe said. "My experience has been that students are certainly in pretty good numbers arrested for this behavior when they're caught. . . . But the system is focused on 'All right, you made a mistake. Can you learn from this?' "
Keefe said he worries that changing the law will mean students would lose a chance to learn from their mistakes. "From a court's perspective, we may lose a teachable moment," he said. "I'm a little apprehensive that it may become 'Oh well, this isn't a big deal.' "
Source: Concord Monitor
Copyright: 2008, Concord Monitor
Contact: LAUREN R. DORGAN, Monitor staff
Website: Concord Monitor - Marijuana penalties vary widely
The State House debate on a bill that would decriminalize possession of small amounts of marijuana has centered on young people and what convictions mean for their college prospects. The bill cleared the House earlier this month and now heads to the Senate, where support is doubtful. Gov. John Lynch said he would veto the bill, saying it sends the "wrong message" to young people. But supporters say that marijuana convictions jeopardize students' eligibility for federal scholarships and student loans, a penalty that they say is excessive and life-altering.
The reality is more complicated and reflects efforts by local and federal authorities to give first-time drug offenders a second chance. Moreover, in New Hampshire, the outcome for a first-time drug offender in court often depends on geography.
When high-schoolers or college students take a pencil to the federal financial aid form known as the FAFSA, they will find a less strict drug policy than their older siblings likely saw. Because of changes enacted last year, students will lose eligibility for a set period of time only if they were in school and getting federal aid at the time they committed the offense. And students can win back their eligibility by entering an approved drug rehab program.
Congress has debated loosening restrictions further. Still, under current law, a student convicted while receiving scholarships is still required to "pay back all aid he or she received after the student's conviction."
Under New Hampshire law, marijuana possession is a misdemeanor punishable by a maximum $2,000 fine and up to a year in jail. The bill that recently passed the House would cut that to a violation and make the top penalty a $200 fine.
Across the state, there are prosecutors and judges who make a practice of giving first offenders a lesser penalty - with the hook that the person must enter an educational treatment program.
"We have the ability within the law right now to do precisely what they are attempting to do - to reduce it to a violation-level offense if, in fact, that is appropriate," said Concord District Court Judge Gerard Boyle. "But it's not something that always happens." Boyle said he sees about a dozen such cases a week and estimates that the typical first offender is between 17 and 24 years old.
Public defenders interviewed for this story said that in drug cases, their clients often worry about eligibility for public housing, for jobs, and for travel to Canada. Chris Keating, who oversees the public defender program, said that of the "hundreds and hundreds" of marijuana cases his office sees, many clients are worried about their future educational prospects. "Our clients are poor but they don't want to be poor forever," he said. "And I think we all know one of the best ways to not be poor forever is to go to college."
Defense attorney George Ostler practices with a firm that handles between 10 and 15 marijuana cases a year for students at Dartmouth and at the University of Vermont.
In Vermont, first-time drug offenders are typically sent to a statewide diversion program. In New Hampshire, Ostler said, it's "not uncommon" for a prosecutor to reduce the charge on a first offense, but there's no organized diversion program in Grafton County, where he often practices. "A lot of times it's important to be represented by counsel that knows what's going on," he said.
In Merrimack County, there is a diversion program - the FAST program, for First-time Alcohol and Substance Treatment, pioneered by County Attorney Dan St. Hilaire.
In Hillsborough County, prosecutors vary their approach from court to court. "On any given day, you have a prosecutor who does what the FAST program does, but without any consistency, to be honest with you," said Hillsborough County Attorney Marguerite Wageling, who hopes to set up a program like FAST in her county this year. "It's catch as catch can."
Belknap County is in a similar position. County Attorney Jim Carroll says sentence reduction for first-time offenders is widely practiced, as a sort of "unspoken" rule. "When I was a prosecutor I did it," said Carroll, the former city prosecutor in Laconia. "When I was a defense attorney I lobbied for it, and I generally was successful."
College students also get help from their administrations. Plymouth State University has built a relationship with the local district court. Any student caught on a first-time marijuana or alcohol offense can cut his or her criminal charges if he or she attends an on-campus diversion program, said Dean of Students Tim Keefe. Last year, 65 students attended the program. School administrators review Plymouth's arrest reports weekly.
"If you're arrested in town, we see it and deal with it institutionally," Keefe said. "My experience has been that students are certainly in pretty good numbers arrested for this behavior when they're caught. . . . But the system is focused on 'All right, you made a mistake. Can you learn from this?' "
Keefe said he worries that changing the law will mean students would lose a chance to learn from their mistakes. "From a court's perspective, we may lose a teachable moment," he said. "I'm a little apprehensive that it may become 'Oh well, this isn't a big deal.' "
Source: Concord Monitor
Copyright: 2008, Concord Monitor
Contact: LAUREN R. DORGAN, Monitor staff
Website: Concord Monitor - Marijuana penalties vary widely
