MARIJUANA MEASURE FOES SAYS STATE COSTS UNDERSTATED

SALEM, Ore. (AP) -- Foes of a ballot measure that would restore criminal
penalties for possessing small amounts of marijuana claim the state's
estimates of cost effects are too low.

They argue there likely will be more courtroom time used up in small
possession cases by such things as evidence challenges and that even
revenue from fines will be lower than projections because of a quirk in the
law.

Oregon broke new criminal ground in 1973 when it became the first state to
eliminate criminal penalties for possessing less than 1 ounce of the drug.

The 1997 Legislature passed the measure to reinstate criminal sanctions,
but opponents mounted a petition campaign and referred the measure to the
ballot. That means it doesn't take effect until the voters decide.

The cost impact discussions Thursday were before a panel of officials
appointed by Secretary of State Phil Keisling. The panel holds hearings to
financial estimates made by state agencies.

The estimates can be revised until next week.

Estimates of financial effects on all statewide measures on the ballot are
included in the Voters' Pamphlet that will be published by the state for
the Nov. 3 general election.

State agencies including the state police and the court system estimate the
measure would cost the government $585,000 a year.

In addition, counties estimate an additional $229,000 in costs of jail
space for sentenced offenders.

Because the offense now is a civil violation, there are no jail sanctions,
just fines.

The measure make possessing less than 1 ounce a misdemeanor carrying up to
30 days in jail and a maximum $1,000 fine.

State Rep. Floyd Prozanski, a prosecutor who opposed the bill as passed by
the Legislature, said if voters approve it the minimum fine would drop for
cases in which prosecutors chose to handle them as violations.

The minimum fine now for possession now is $500. But Prozanski said that
was not kept in the ballot measure, so the new minimum under the new law
would fall to $250.

Authorities estimate about 40 percent of all small possession cases would
be prosecuted as violations even under the new law.

"For every case that goes through the system as a violation, there will be
at least a 50 percent reduction in fine revenue," Prozanski said.

Amy Klare of the committee opposing the ballot measure said the state has
"grossly understated" costs of providing indigent defense to people charged
with the new crimes.

She said the jail expense estimate assumes a one-day jail stays for cases
prosecuted as misdemeanors but that sentences could be longer in rural
counties with more jail space available.

Checked-by: Mike Gogulski