GOING TO POT

A new bill would treat even casual pot smokers with the same severity as
pedophiles

[With photo: A person convicted two or more times for simple marijuana
possession could face up to two years in prison and a $5.000 fine.]

By Geoff S. Fein

In an attempt to stop drug dealers who have learned to get around the law,
some legislators want to increase penalties for simple marijuana
possession. If the bill passes, even the occasional user might face long
prison sentences and big fines.

The proposal from Representatives Jeff Lamberti (R-Ankeny), Joseph Kremer
(R-Jessup) and G. Willard Jenkins (R-Waterloo), would make a third
conviction for smoking marijuana a crime equivalent to serious assault or
indecent contact with a child. Currently, a person convicted of simple
possession faces a maximum sentence of six months in jail and/or a fine of
up to $1,000.

The problem with the law, Lambertie says, is that there are no increased
penalties for repeat offenders. "If you haven't learned after two times,"
Lamberti says, "how many times are we going to give you?"

Under the proposal, a second conviction for simple possession would result
in up to a year in jail. Two or more convictions could mean a prison
sentence of up to two years and a $5,000 fine. (A similar conviction for
possession of any other illegal drug could result in a sentence of up to
five years and up to a $7,500 fine.)

The goal, Lamberti says, is to stop dealers who have learned to skirt the law.

"They've figured out that if they carry smaller amounts of drugs they can
only be arrested for simple possession. They're thumbing their nose at the
law."

"City leaders said they wanted stiffer penalties for repeat violators,"
Jenkins adds.

Leon Mosley, a Black Hawk County Supervisor, says if legislators want to
stop drugs sales, they'll have to come up with laws that hit dealers in
their wallets.

"The answer is not a little fine. If you're dealing with thousands of
dollars, the fine should be appropriate," he says. "We've got to quit
thinking they are poor kids. We need to make the penalty fit the crime."

Some, like Carl Olsen, head of the Iowa chapter of the National
Organization for the Reform of Marijuana Laws, say the current law is too
severe and attempts to increase the penalties are draconian.

"This is incredibly harsh. It's like a witch hunt. If you don't want
people to use it, come up with reasonable regulations."

And Olsen disagrees that smoking marijuana is hazardous.

"There are a lot like me who used marijuana and have had no serious health
risks," he says. "It doesn't justify this sort of treatment."

Moreover, the proposal would ensnare dealers and casual users alike.
Defense attorneys say increased prosecutions could burden an already
overcrowded court system, particularly when those facing second and third
possession charges opt for jury trials instead of pleading.

Since the onset of the War on Drugs in the '80s, the country's prison
population has exploded. About 60 percent of the inmate population are in
for drug offenses.

Yet Polk County Attorney John Sarcone says smoking pot isn't a victimless crime.

"We're not going to provide a marketplace for selling dope," he says.
"Marijuana is not the benign drug that people think it is."

Defense lawyers fear the proposal will hurt people in need of treatment.
Instead of rehabilitation, users will end up behind bars.

"To put someone away for a felony for an addiction is an overreaction,"
says Des Moines attorney Dean Stowers.

Attorney Maggi Moss says legislators have focused on the wrong direction.
They should be making laws tougher on violent criminals, not on drug users.

"We need to get tough on crime, but not on a guy smoking a joint," she
says. "Any state with any amount of insight should know that to build more
prisons to house drug offenders... it doesn't work."