MARIJUANA LAW COULD COST STATE MORE THAN $1 MILLION

EUGENE, Ore. (AP) -- A ballot measure that would restore criminal penalties
for possessing small amounts of marijuana could cost the state about $1.2
million a year, according to a new estimate.

The amount startled a chief supporter of Ballot Measure 57, which makes
possession of less than an ounce of marijuana a Class C misdemeanor instead
of a simple violation.

"You've given me some information I didn't have previously," state Sen.
Eileen Qutub, R-Beaverton, said after hearing about the new fiscal impact
statement on the measure.

"But I do think it's worth it because it sends a message to young people
that (using pot) is not a good thing."

Opponents of the measure said the money would be better spent on prevention
and treatment programs.

State Rep. Floyd Prozanski, D-Eugene, said the new figure is higher because
state lawmakers didn't understand the implications.

"The Legislature, in their zest to look tough on crime, they lost the big
picture," Prozanski said.

The 1997 Legislature passed the measure to reinstate criminal sanctions,
but opponents mounted a petition campaign and referred the measure to the
state's voters in November. By law, the state must estimate how much any
given ballot measure will cost if approved.

Last month, the state calculated it would have to spend $586,000 per year
for increased law enforcement, court operations and court-appointed
attorneys to defend people arrested under the new law.

What came as a surprise Wednesday was a second estimate of a $638,000
annual loss of state revenues because of a quirk in the way fines are
levied for marijuana possession.

Under current law, possession of less than an ounce of marijuana is
considered a "violation," not a crime. The minimum fine is $500.

If Ballot Measure 57 passes, police and district attorneys will have the
choice of prosecuting the offense as a misdemeanor, which carries with it
the threat of jail time, or as a violation. If the case was prosecuted as a
violation under the new law, it would be subject to a maximum fine of $250.

Police and prosecutors testified at legislative hearings they expect 40
percent of cases under the proposed law to be handled as violations rather
than misdemeanors.

Prosecutors said they would go for the lesser sanction as a way to save on
court costs, he said, "but what they didn't realize is that, in doing so,
they're setting up a loss of 50 percent of the revenue" from fines.

"It's kind of a Catch-22," Prozanski said.

Rep. Lane Shetterly, R-Dallas, said it's up to the voters to decide whether
the state would get its money's worth.

"It's important to ask not only if voters want it (recriminalization), but
also if they're willing to pay for it," he said.

Checked-by: Richard Lake