New marijuana law aids police

The Associated Press

SALEM Much of the debate over recriminalizing possession of small
amounts of marijuana overlooked a facet of the bill that broadens
police searchandseizure powers. Legal experts say this aspect of
the law is ripe for court challenges. Cannabis advocates say they
already have 10,000 signatures of registered voters in an attempt to
block the measure's enactment and put it on the ballot. Gov. John
Kitzhaber reluctantly signed the legislation in July after it easily
cleared the state House and Senate. Beginning Oct. 4, possession of
less than an ounce of marijuana is a misdemeanor criminal offense,
punishable by up to 30 days in jail and a $1,000 fine. Kitzhaber
thinks recriminalizing marijuana will have little bearing on
marijuana use. "I think this law is more about search and seizure
than it is about marijuana use," the governor said. "If someone has
less than an ounce of marijuana, they have the opportunity to conduct
a search. And in the process, they may discover individuals who may
be involved in more serious types of criminal activity." In 1973,
Oregon became the first state to remove criminal sanctions for
possessing less than an ounce of marijuana. Meanwhile, Oregon courts
have narrowed police ability to conduct searches. Because possessing
less than an ounce is not criminal conduct under current Oregon law,
a police officer who finds someone with a small amount of marijuana
generally can not search that person's vehicle, body or home. But
marijuana will be treated like any other drug once the law takes

effect, allowing broader searches. The state public defender's
office plans to challenge the law. "I think defense lawyers will make
arguments that it doesn't apply," said Diane Alessi, assistant state
public defender, "It does concern me. I'm not sure the citizens want
to give the police that power." The law also extends Oregon's asset
forfeiture laws. "Technically, they can take your home for less than
an ounce of pot," said state Sen. Bill Dwyer, DSpringfield, who
opposed the legislation. But Oregon State Police Lt. Gregg Hastings
said authorities are not looking to abuse the new law. "People have
to trust the police officers that work in this state," he said. "It's
an unwarranted fear that we would be pursuing forfeiture" over small
amounts of marijuana. Promarijuana groups, including the National
Organization for the Reform of Marijuana Laws and Portland's American
AntiProhibition League, must submit 48,841 signatures before Oct. 4
to stop the law's enactment until after the 1998 general election.
"It's a delicate balance between the legitimate need for law
enforcement to have the tools necessary to protect public safety and
protecting the individual civil liberties of our citizens," Kitzhaber said.