MAN'S BID TO LEGALIZE POT FACES LONG ODDS

Will a Crawford County judge just say 'yes' to a pot referendum? A
51-year-old Townville man is counting on it in his bid to make marijuana legal.

Charles E. Stiles Jr. said he has gathered 625 signatures in favor of
a ballot initiative that would allow adults to grow and use cannabis.
When Crawford County elections director Marlene Robertson declined to
accept the petition on July 18, Stiles sued her.

"(We have) all these people who think we have a chance of maybe
making pot legal, and if all I do is tell them 'Gee, I'm sorry,'
they're going to be disappointed," Stiles said. "So of course I took
it to the courts."

Pennsylvania election laws permit only a narrow range of referenda,
but Stiles said his marijuana question falls under the "wet-dry"
provision that allows municipalities to regulate alcohol. Robertson
rejected that argument and referred Stiles' claim to the county solicitor.

"The code is very specific as to what can actually be put on the
ballot," Robertson said. "Because it is a non-binding question,
that's the first thing that knocks it off. And the second is that it
usurps state law, which you can't do because marijuana is illegal."

State statutes classify marijuana possession as a misdemeanor for
quantities of less than 30 grams. Sentences can include probation, up
to 30 days in jail and a $500 fine. Penalties are steeper for larger
caches and for individuals who grow or sell the drug. Marijuana also
is regulated by the federal Controlled Substances Act, which the
Department of Justice has applied in recent years to challenge
relaxed drug laws in Alaska, California and Oregon.

"There are many people that are going to jail and prison for simple
possession," Stiles said. "It costs taxpayers money, and it takes
away from the economy. I think that everyone ought to have the same
rights on this earth, and it appears that pot smokers often are
persecuted and prosecuted."

Stiles called Crawford County the right venue for launching a new
challenge to restrictive marijuana laws. He is organizing a Nov. 4
rally at Diamond Park in Meadville and said he expects 1,000 people to attend.

"We're optimistic, and we believe we maybe have a lot of people
behind the curtain who may be sympathizers," Stiles said.

His ballot initiative simply declares cannabis possession and
cultivation to be legal in Crawford County and suggests that district
judges and the county treasurer could address specifics. Stiles said
he favors a licensing system that would charge pot growers a per-plant fee.

"In May and June, when everyone's starting to grow their plants, they
would pay the county $5," he said. "I predict the county will see at
least $1 million the first year."

In his handwritten, single-page lawsuit, Stiles asks the Crawford
County Common Pleas Court to issue a mandamus order compelling
Robertson to place the question on November's ballot.

Solicitor Mark Stevens had ruled that Stiles' suit was improperly
filed and thus required no response from the court. Stiles said he
has corrected the errors and is anticipating a hearing in August.
Officials in the Crawford County prothonotary's office reported no
pending action on Stiles' filing as of Friday.

Should the case proceed to court, Stiles' chances appear dim. He said
he is resting his case on two factors: 1) the petition signatures and
2) his belief that liquor and marijuana both qualify as "libation for
recreation."

On the first point, the state's liquor and election codes are
full-tilt against Stiles. The 1933 act permitting local alcohol
referenda proscribes seven precise ballot questions that are eligible
for consideration; each references "liquor" or "malt or brewed beverages."

Liquor law also states that referenda must be carried out in an
odd-year primary, not an even-year general election. Finally, a
referendum requires a number of petition signatures equal to 25
percent of the highest tally a candidate earned in the previous
general election. In Stiles' case, that means Crawford County
Treasurer Frederic Wagner, who received 9,610 votes in November - and
therefore set a bar of 2,402 signatures.

On the non-technical question of whether alcohol and marijuana
constitute the same category of drug, Stiles likely would have to
pursue legal action in the Pennsylvania Supreme Court, according to
the state's Bureau of Campaigns and Elections.

If Stiles succeeds, his quest would mark the second time Crawford
County has provided ammunition to foes of the drug war. In 1972,
former Pennsylvania Gov. Raymond Shafer - a one-time state senator
and district attorney in the county - headed a Nixon administration
policy panel that backed marijuana decriminalization.

Prevalence Of Pot

Stiles is one of a growing number of activists and voters who favor
new approaches to illegal drugs, particularly marijuana. Though
smoking the plant remains a violation of federal law, the National
Institutes of Health reported in 2004 that 14.6 million Americans use
pot at least once a month.

In Venango County, law enforcement officials have cracked down on the
drug harder than authorities almost anywhere in the state, according
to the Uniform Crime Report, a Department of Justice database. In
2002, the county reported 147 marijuana-related arrests. Relative to
population, Venango has the fourth-highest pot arrest rate of
Pennsylvania's 67 counties.

"There is a reason," said Michael Hadley, an Oil City attorney who
specializes in drug law. "Drugs, unlike any other crime, are a pure
result of enforcement. Nationwide, the use of any drug is
statistically the same in any community, but if you arrest 10 people
in Beverly Hills, but 100 in Venango County, you're going to have a
higher rate here."

Marijuana laws in Pennsylvania remain comparatively harsh, Hadley
said. Ohio treats possession of small quantities in the same manner
as a traffic offense, while 17,199 Pennsylvanians were arrested on
pot possession charges in 2002. Changes to the law would require
legislative action, and the best advocates for reform are impartial,
Hadley said.

"The pot grower or pot smoker is not the good front person," he said.
"You can't be on the one hand out breaking the law and then ask for
it to be changed."