HAVE FLORIDA CRIME LAWS GONE TO POT?

Mosley High School Assistant Principal Brian Barnes was arrested April
1 for allegedly purchasing more than 20 grams of marijuana. Police
said he told investigators he wanted the illegal herb for stress
relief and recreational use.

Though the federal government classifies marijuana as a Schedule I
substance, a characterization that denotes addictiveness and denies
any currently accepted medical use, 13 states' Alaska, California,
Colorado, Maine, Maryland, Minnesota, Mississippi, Nebraska, Nevada,
New York, North Carolina, Ohio and Oregon' have altered laws
regarding the substance, pursuing decriminalization or a medicinal
path. The result has been a patchwork of laws that treat identical
acts starkly differently, depending on locale.

Under Florida law, Barnes faces up to five years behind bars if found
guilty as charged.

" You gotta be kidding me," said Vince Neeson, a narcotics officer
with the San Francisco Police Department. "You guys are tough.
Simple possession for use? We don't even bother with it."

Local Law Enforcement

Bay County Sheriff's Office Captain Ricky Ramie has absolutely no
tolerance for marijuana.

"Did they get all that dope out of here?" the captain called from
his office.

A few minutes later, an officer presented Ramie with a sealed evidence
bag full of pot. It was dark green and pressed nearly flat.

"As you can see, this is a very big bud," Ramie said as he fluffed
the pot out of its compressed form.

This marijuana, Ramie suspects, came into Bay County from Mexico.
Sometimes, it's so compressed, his team uses an axe to break it up.
The content of THC, the ingredient in marijuana that makes users
'high,' is low is this type of marijuana.

A different grade of pot is grown stateside. It's stickier and much
more potent. But to Ramie, it's all the same: bad news.

"You can't erase my memory of what I've seen in the business,"
Ramie said.

The captain views marijuana as a 'gateway drug,' saying use of the
substance leads to harder drugs. He recounts a story of a local mother
abandoning her family and becoming a prostitute in a three-month span
after smoking a marijuana joint laced with crack.

"People that use marijuana," Ramie said, "sometimes that high is
not enough."

In Lynn Haven, Police Chief David Messer isn't sold on the gateway
theory.

"I don't know if it's any more a gateway drug than any of the
other drugs," he said. "I can't say marijuana is any worse than
alcohol, but I can say it's illegal."

Messer's department netted Barnes while attempting to arrest a
supplier.

"I guess you could call it collateral damage," he
said.

But Messer said it's not the first time he has arrested someone for
pot that doesn't fit the typical drug-abuser profile.

"It's the whole spectrum. We've arrested teachers before,
we've arrested cops, we've arrested ministers. It affects
everybody," Messer said. "I know people can use marijuana;
whatever it does to you, it just doesn't seem to be as violent."

Enforcement

The circumstances of Barnes case are familiar to officials with the
National Organization to Reform Marijuana Laws, or NORML. Barnes is a
successful professional respected by the community, was without a
criminal past and was arrested with marijuana for personal use.

"Poor guy," said Roger Scott, executive director of Florida's
chapter of NORML.

"They're putting almost a million pot smokers in jail every year
that have committed no other crime," he said. "That's not
helpful to society."

According to government reports, nearly 1.9 million drug arrests were
made in 2006; of those, 829,627 were marijuana arrests, most of them
for possession. In 2004, the government estimated just more than 12
percent of the country's prison population was serving time for
marijuana-related offenses.

In Bay County, the Sheriff's Office reported 469 marijuana arrests
for 2007; the county logged a total of 864 drug arrests last year.
Local municipalities reported much smaller numbers, but the
percentages were about the same.

Groups such as NORML want to alter marijuana laws and reduce this
trend.

"NORML's position is responsible pot smokers shouldn't be
arrested," Scott said, dismissing the notion that smoking marijuana
is irresponsible, leading to other drugs. "They keep trotting out
'gateway drug.' They keep coming up with the same arguments that
have been disproven since the 70s."

In 1972, the President Richard Nixon-appointed National Commission on
Marijuana and Drug Abuse presented its formal recommendation in
regards to the substance: Neither the marihuana [sic] user nor the
drug itself can be said to constitute a danger to public safety.
Therefore, the Commission recommends , possession of marihuana for
personal use no longer be an offense, casual distribution of small
amounts of marihuana for no remuneration, or insignificant
remuneration no longer be an offense.

Recently released audio recordings from Nixon's administration
reveal the president soon after calling for an "all-out-war"
against marijuana.

Medicinal Research

The federal government grows marijuana, or cannabis, as it often is
called for medicinal research, in a facility at the University of
Mississippi. It is the only government-sanctioned operation in the
country and is used to study the plant. The grounds, only a short walk
from the school's baseball and football fields, are under armed
guard and razor wire.

"You get the picture,"said Dr. Kenneth Sufka, a professor of
psychology and pharmacology at Ole Miss.

Sufka conducts research on pain, anxiety and depression. Marijuana, he
said, could be helpful in easing such ailments.

"Cannabis has the potential to be useful in a variety of medicinal
situations," Sufka said.

Marijuana, he explained, has hundreds of properties, some of which
might be medically beneficial for things such as pain relief or
appetite stimulus. One pot-based drug launched from the facility
diminishes the plant's psychoactive qualities and is delivered via a
suppository to discourage abuse.

"It's done and out there; it's already being used in
Europe.'

Though Sufka recognizes marijuana can be medically useful in some
ways, he's careful not to tout the substance as a wonder drug.

"I dona't see myself as an advocate; I see myself as an
academic," the professor said. "I'm not some person that's on
the bandwagon of 'marijuana is the saving grace.'"

But, when pondering the benefits of a Schedule I substance, otherwise
academic conversations can take a tone of advocacy. Sufka realizes a
questionable cloud probably will hang over marijuana research for
quite a while.

"There are a lot of government policies, procedures and rules that
don't make any sense. I think the bigger picture is the culture,"
Sufka said. "Very few politicians, in my view, are really educated
in the sciences; they live in a different world."

Laws

Though a number of states have changed laws regarding marijuana, the
federal stance has remained constant. In 2005, the Supreme Court
issued a ruling reasserting the federal government's trumping of
such state laws. The 13 states operate in an awkward limbo.

Local law enforcement is hesitant to theorize about what-ifs. They
deal with the here and now.

"If it's a law, we have to enforce it," Messer said. "can"t say I agree or
disagree; it doesn't really matter what I
think."

Florida State Attorney spokesman Joe Grammer said setting or changing
laws is a function of legislators. If rules change, law enforcement
agencies adjust accordingly.

"Laws are changing every year. We just adapt to it," Grammer said.
"If they said one day that having cough syrup with codeine in it is
a felony, we'd prosecute that."

The folks with NORML concede talking about altering drug laws is
political suicide

"The public seems to be very behind it, but politically they've
locked themselves into this war on drugs," Scott said.

If Florida took a cue from the states tinkering with their marijuana
laws, Ramie said he would feel as if "the wind was let out of my
sails, because I know what it ties to."

Springfield Police Chief Philip Thorne said he hopes Florida laws
regarding marijuana remain in place. But he takes a practical view on
the possibility of change.

"Personally, I would feel a loss," Thorne said. "Professionally,
that's just one less thing to worry about; our plate is full."

Marijuana Laws In Other States

In Florida, conviction of possessing 20 grams or less of marijuana is a
misdemeanor and requires one year in jail and a $1,000 fine. More than
20 grams is a felony, with a penalty of up to five years in jail and a
$5,000 fine. Here are penalties for simple possession of marijuana in
several states outside the Southeast:

California: For possession of 28.5 grams or less, the penalty is $100
with no arrest. Possession of more than 28.5 grams is punishable by up
to six months and jail and a $500 fine. Medical marijuana is legal under
state law with the approval of a physician.

Colorado: Possession of 1 ounce or less is a petty offense requiring a
court appearance and a $100 fine. Medical marijuana is legal for
patients approved by a physician and registered with the state.

Maryland: Possession of any amount is a misdemeanor with a penalty of up
to a year in jail and $1,000 fine. Medical marijuana is legal under
state law.

Minnesota: Possession of less than 42.5 grams is a misdemeanor with a
$200 fine. Drug education may be required.

Nevada: On a first offense, adults (21 and up) with 1 ounce or less is a
misdemeanor with a $600 fine and required rehabilitation/treatment.
Medical use is allowed with approval of a physician; patients may
cultivate up to four plants or 1 ounce.

Source: NORML

Check Sunday's print edition for a map showing the marijuana laws in the
Southeast. Note: On the map, states with an "H" have an active hemp
industry. Hemp is a distinct variety of the plant species cannabis
sativa L. that contains less than 1 percent of THC, the primary
psychoactive ingredient in marijuana.