POT CASES STAY CLOSE TO HOME

Oak Lawn Latest Town to Make Small Possession a Ticketable Offense

Someone caught in Oak Lawn with a small amount of marijuana soon might
get a ticket similar to those for parking violations.

The same person caught a few blocks away in Chicago could wind up in
court and face jail time.

Across the Southland, towns have mixed opinions how marijuana
possession cases should be handled.

Oak Lawn changed its policy because police often overlook cases with
small amounts of marijuana out of fear they'll be lost in the court
system, Mayor Dave Heilmann said.

The change was approved by the village board Aug. 9, and police will
begin writing local tickets in about a month.

"A teenager caught smoking pot will then be dealt with closer to home,
in the village hall," Heilmann said. "And a $500 fine stinks. It sends
a message."

Some officials worry fines aren't enough.

"The Legislature makes the statutes. It's not up to the police to
minimize how dangerous drugs can be," Chicago Ridge Police Chief Tim
Balderman said.

In the past two years, Lansing, Midlothian and Orland Park have
initiated programs to issue fines locally for possession cases.

Police in those towns have the option of arresting a person and
sending them to circuit court or writing a ticket and sending the
offender to traffic court.

In local courts, fines range from $50 to $1,000 -- and the town gets
all of the money.

Last year, Orland Park collected $10,000 from 70 possession tickets,
according to the police department. Midlothian police estimate $2,000
was collected.

Towns that don't handle possession cases locally share any fines with
state and county agencies, Cook County Circuit Clerk spokesman Bryant
Payne said.

In the court system, penalties for misdemeanor possession can be as
high as $2,500 and a year in jail, said Tom Stanton, spokesman for the
Cook County state's attorney's office.

Possession of more than 30 grams is a felony and can bring prison time
up to 15 years with fines up to $25,000, he said.

Of the misdemeanor cases from suburban Cook County that went to court
in 2004, there were 3,000 convictions and 700 dismissals.

In Chicago, there were 3,000 convictions and 15,000
dismissals.

The high rate of dismissed cases from Chicago led one police officer
in September 2004 to push to make possession of marijuana a local
offense. The city turned down the idea.

Chicago marijuana possession cases still are handled by the circuit
court, said spokesman Dave Bayless, but there have been policy changes
so the cases take less time for police officers to process.

"We won't do anything that gives the appearance of decriminalization,"
he said. "What works in Oak Lawn might not work in Chicago and vice-versa.

"We still view possession of marijuana as an offense where someone
needs to be arrested, processed and put before a judge."

Midlothian Police Chief Vince Schavone said there have been fewer
tickets -- 15 -- so far this year under the new system than in 2004.

"I think we'll see less first-time offenders coming back," he said.
"If an officer finds someone with a small amount of marijuana, it
won't get flushed down the toilet -- they'll get a fine.

"So there's a ramification."

The Lynwood Police Department soon may issue tickets for marijuana
possession, said Police Chief Dave Palmer.

As president of the South Suburban Association of Chiefs of Police, he
said every department should handle marijuana possession locally.

"I think a fine will teach someone a lesson," he said.

Calvina Fay, executive director of the Florida-based Drug Free America
Foundation, said it will take more than fines to stop drugs.

The fear of jail time keeps people from committing crimes, said Fay,
whose group opposes drug legalization efforts and promotes drug treatment.

"In the court system, people can be progressively disciplined and
leveraged into a program to help them stop using drugs," she said. "If
we simply give them a fine and don't maximize the penalty, we're
missing a golden opportunity."