PROPOSAL TO EASE MARIJUANA PENALTIES TO BE ON COLUMBIA BALLOT

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The420Guy

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Ready for a shocker from College Town, U.S.A.? A University of Missouri-Columbia student group wants the city to relax penalties for possessing small amounts of marijuana.

But before you roll your eyes, take note: Columbia's recurrent pro-pot movement this week made its biggest stride in decades, securing space for a proposed marijuana ordinance on the city's April 8 ballot.

The measure -- thought to be the first of its kind in Missouri or Kansas -- would allow seriously ill residents to use marijuana if a doctor recommended it and would significantly reduce the punishment for possession of less than 35 grams of the drug.

Best of all, backers say, is that most minor marijuana cases would be disposed of with fines in municipal court, shielding students from criminal prosecution that could jeopardize their education.

"The current law punishes people too harshly for minor marijuana offenses," said Anthony Johnson, a 25-year-old MU law student who wrote the ordinance. "We also want to send a message that seriously ill patients shouldn't be denied medicine that doctors recommend."

Some Columbia officials expressed doubt that the measure would pass. For one thing, its staunchest supporters -- college students and twenty-somethings -- are usually the least likely to vote.

For another, said Police Chief Randy Boehm, the m-word carries a serious stigma, even in a college town.

"I've heard from a number of people in the community that have concerns about the proposal, particularly parents," said Boehm, who is against the ordinance. "As this is discussed in the community more, I do anticipate there will be a great deal of opposition."

Still, the students behind the ordinance see it as the best opportunity in more than 20 years to soften Columbia's marijuana laws.

After years of abortive efforts, a petition circulated last fall by Johnson's group, the Columbia Alliance for Patients and Education, obtained 2,552 signatures -- twice as many as needed to put the issue before the City Council.

On Tuesday night, by a 6-1 vote, the council declined to approve the ordinance outright, meaning it will go to a public vote.

Columbia's current marijuana ordinance mirrors a state statute making possession of less than 35 grams a Class A misdemeanor, punishable by at most one year in jail and a $1,000 fine.

The proposed ordinance would punish anyone caught with less than 35 grams with only municipal fines: at most $25 for a first offense, $50 for a second offense, $100 for a third offense and $500 for a fourth or subsequent offense.

The city prosecutor, in most cases, could not send the offender to a county court or file charges under the stiffer state law.

Such a sharp rollback in penalties could promote marijuana use, said Kim Dude, director of MU's Wellness Resource Center, who said she opposed any weakening of drug laws.

"Unless there are consequences to behavior, and unless the consequence is significant enough, then it will not serve as a deterrent," Dude said. "A $25 fine will in no way serve as a deterrent."

The student group's main argument stems from a provision of the 1998 federal Higher Education Act, under which students convicted of possessing or selling illegal drugs can lose their eligibility for federal financial aid.

A student convicted once can lose aid for a year. Two convictions means two years. A third time, and the student is ineligible indefinitely.

No such aid prohibitions exist for violent crimes, including rape and murder, said Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws. In the last two years, 91,000 students nationwide have lost aid because of drug convictions, he said.

Johnson said he knew of 27 MU undergraduates who had been so penalized.

Not surprisingly, such figures have currency with students.

"One simple mistake -- if you get caught -- is all it takes to have your federal aid stripped away," said Nick Choate, editor in chief of The Maneater, MU's student newspaper, whose editorial board has endorsed the ordinance.

"The ordinance would make the punishment more fitting to the crime," Choate said.

Boehm, the police chief, said that local authorities had an understanding that most minor marijuana cases stay in municipal court -- unless the offender faces other charges or has had previous arrests.

"I think the system is working well as it is," Boehm said. "I would be opposed to any type of proposal that took away discretion from law enforcement and the prosecutors."

Boehm said he expected that supporters of the proposed ordinance would paint occasional marijuana use as a paltry offense compared with other crimes. But in 26 years with the department, he said, he has seen many pot smokers who used more serious drugs or went on to commit worse crimes.

"I'm not going to suggest that an individual cannot be a casual user of marijuana and, in some cases, not cause any other problems in the community," he said. "It certainly is possible.

"But on the other hand, we've seen it lead to other things."


Pubdate: Fri, 24 Jan 2003
Source: Kansas City Star (MO)
Copyright: 2003 The Kansas City Star
Contact: letters@kcstar.com
Website: KC Breaking News, Sports & Crime | The Kansas City Star
 
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