POT PERSPECTIVE

Don't Decriminalize Marijuana. Judiciously Punish Its Use.

The many serious crimes committed in Dane County are the first
priority of the Dane County District Attorney's office and police
agencies throughout the county. Marijuana-possession cases are not a
high priority.

The "otherwise law-abidixig," "hard-working," "job holding" citizens
who "occasionally have a joint in the privacy of their homes" - as
cited by marijuana law reform advocate Keith Stroup in a recent San
Francisco Examiner article - are not targeted by us.

In cases where an otherwise law-abiding citizen is caught with a small
amount of marijuana, he or she will not be criminally prosecuted.
Rather, that person will only be cited for an ordinance violation

Of course, there are activities in a home that will result in a
criminal charge.

For example, we prosecuted a father who was providing marijuana to his
son who, in turn, had been truant from school for more than 200 days.

Similarly, in a recent domestic violence case, possession of THC was
charged after the defendant's partner pointed to what was alleged to
be marijuana and complained of the defendant's increasing use.

Though possession cases are not a high priority, I do not favor
decrimina1izing marijuana. Why?

Though I have some discretion in how they are applied, I don't make
the laws - the Legislature does. Despite years of lobbying by Stroup's
National Organization for the Reform of Marijuana Laws, the
Legislature has decided not to legalize marijuana possession in any
amount.

One reason may be that we are not dealing with the marijuana of
yesteryear. There are strains available today far more potent than
those of a generation ago.

In any event, I am sworn to uphold the law, not ignore it. The vast
majority of marijuana prosecutions involve other criminal activity or
threats to public peace and safety.

We are not simply dealing with "otherwise law-abiding citizens" when
marijuana possession is coupled with drunken or drugged driving,
cocaine trafficking, public disturbances, theft, domestic violence or
homicide.

A case noted in Isthmus serves as an example. What was presented as a
simple case of repeat marijuana possession in reality involved a
person with a serious criminal record, including attempted burglary,
heroin deliveries, carrying a concealed weapon and multiple batteries.

First seen leaving a high drug-trafficking area, this man, who
described himself as a self-employed painter, had rolling papers, an
Ameritech pager, more than 30 grams of marijuana in one plastic bag, a
second plastic bag with a joint un-der his seat, a partially smoked
joint in the ashtray and a wad of $20 bills totaling $420.

The arresting Narcotics Task Force officer noted in his report that
individuals involved in the drug trade will typically carry large
amounts of currency as well as pagers to nego-tiate drug
transactions

Do the citizens of Dane County really want me to cut this guy slack on
the marijuana possession?

Another example cited by Isthmus involved a person arrested for
possession of pot pipes. What wasn't reported was that this defendant
was driving home from the bars with a blood alcohol content of .17 in
a preliminary breath test. (A reading of .10 is a prohibited level of
alcohol concentration.) Also not reported was that police
surveillance was a response to reports of underage drinking, drug use
and driving

Do Dane County citizens want these concerns ignored? I don't think
so.

Our general policy is to prosecute cases involving small amounts of
marijuana only when other criminal activity is involved or the
public's peace or safety is threatened. Failing this test, possession
of small amounts of marijuana should almost always result in an
ordinance violation.

Where marijuana use is somewhat more in-volved, we have increasingly
turned to drug treatment court. (Referrals have increased 77% in
1998.) Treatment and education tracks are provided in an effort to
avoid criminal convic-tion and prevent future problems.

We strive to set sensible priorities, and we continually assess them
as we apply the law to individual cases. We also consider the
community's needs and concerns as voiced by parents1 educators, civic
leaders, treatment providers and police agencies.

I look forward to working with them to ensure a safe and reasonable
approach to marijuana prosecution in Dane County.