TOP COPS: POT CHARGE IS TOO HEFTY

With his closed-cropped silver hair and neatly pressed police uniform,
Ambridge Police Chief Dave Sabol doesn't look like the stereotypical backer
of marijuana law reform.

He doesn't have the dreadlocks, the tie-dyed clothes or any other
hippie-styled accouterments typically associated with the decriminalization
debaters - and he's certainly not advocating legalizing the drug.

But with his 37 years on the police force, Sabol says he's found that it
might be beneficial for police departments to decriminalize possession of
"personal use," or a small amount, of marijuana.

"To prosecute takes a lot of police time and creates overtime expenses,"
Sabol said.

Several other local chiefs agree that changing possession of a small amount
of marijuana from a misdemeanor crime to a summary offense could save
police departments money, and also give officers more time to deal with
more serious and violent crimes.

Pennsylvania law states that possession of up to 30 grams of marijuana is a
misdemeanor crime, punishable with up to 30 days in jail and a fine of up
to $500. Possession of more than 30 grams is also a misdemeanor, with
penalties increased to a jail term of up to one year and a fine of up to
$5,000.

A summary offense, by contrast, is a minor crime, such as disorderly
conduct or traffic violations like speeding. Officers write a citation for
the offense, and it doesn't create a criminal record, Sabol explained.

Sabol said that with the current laws, if a police department prosecutes
for possession, it has to send the officer who made the arrest to court.
The typical drug trial costs the department from $60 to $100 in overtime
expenses, more if the accused is granted a continuance and the officer must
attend another trial, which Sabol said happens often. Beyond overtime pay,
chiefs say prosecuting marijuana possession as a misdemeanor requires a lot
of their officers' time - writing the reports and attending trials.

New Sewickley Township Police Chief John Daley agrees with Sabol.

"To just issue them a summary citation with an appropriate fine set by the
Legislature, that would serve a purpose. It could work, just not for
greater amounts." Daley said.

Acting Rochester Township Police Chief Joe DeLuca said in many cases,
police already treat small amounts of marijuana as a summary offense,
unless an officer has information that the offender might be dealing drugs.

DeLuca said especially for first-time offenders who aren't being charged
with anything else, an officer often reduces the charge to disorderly
conduct, or the charge will later be reduced in court.

"I can say that a lot of officers when they catch someone with a just a
joint, it will be reduced to disorderly, a summary violation, because it's
such an insignificant amount, rather than proceed with a misdemeanor
possession," DeLuca said.

Sabol and Daley said their officers sometimes choose to reduce the charge
to disorderly conduct, if they think the amount of marijuana is so
insignificant it's not worth the cost of prosecuting.

First Assistant District Attorney Tony Berosh said his office actually
rarely sees prosecutions for small amounts of marijuana, although he said
this doesn't mean use has fallen. When there is a prosecution for
marijuana, Berosh said the office does sometimes reduce the charge to
disorderly conduct, although it depends on the circumstances of the individual.

"The overall problem is when you have over 30 grams, then you're dealing
with a more substantial crime," Berosh said. "Or if it's packaged for
delivery, that's a different subject entirely - if there is indication that
they were selling, that's not reduced."

Local chiefs are quick to point out they are not suggesting legalizing
marijuana, or even decriminalizing possession of larger amounts of the drug
- - the type of policy change they see as beneficial would be a far cry from
turning Beaver County into an Amsterdam-like zone, with cafes full of thick
marijuana smoke.

Daley, Sabol and DeLuca all said that they would see decriminalization as
only useful for possession of an amount that's clearly for personal use. In
the Ambridge police station, Sabol illustrated how much 30 grams is,
showing how a metal tablespoon placed on the scale sent it jumping to just
over 32 grams.

"Now, the guy that has a couple of pounds on him, that needs to stay where
it is, as a criminal offense," Sabol said, noting that people found with
large amounts are usually dealers, and might be dealing other drugs.

"Every officer wants to get to the dealer," Sabol added.

Most chiefs also agree that marijuana has been in their communities since
the 1960s, with use remaining fairly consistent over the past four decades.
Sabol said it's something he's seen on a regular basis during his years on
the force, but he'd never really seen a spike in users.

But the "harder" drugs, chiefs say, have been increasing since the 1980s.
DeLuca and Sabol said heroin use has increased dramatically in their
communities since the early 1990s, which is a drug they say more often
leads to violent or serious crime.

"Most people you catch with personal-use marijuana aren't causing a lot of
other problems," Sabol said. "People who use crack or other opiates have to
steal to support that habit."

But some officers, such as Center Township Police Chief Barry Kramer, say
that decriminalizing the possession of any amount of marijuana would be
risky. Kramer said any change could minimize the negative implications of
drug use, making people think marijuana is harmless.

"Marijuana may not be all that dangerous, but it's a gateway drug, and they
lead to more dangerous drugs such as heroin or cocaine," Kramer said. "By
decriminalizing even a small amount, you would be sort of condoning it."

Berosh said that he would be cautious about minimizing marijuana's
potential effects.

"Every marijuana user doesn't go on to use heroin or cocaine, but I have
never met someone who uses cocaine or heroin who didn't use marijuana
first," Berosh said.

DeLuca said he understands such worries, as he has seen people start with
marijuana and escalate to using harder drugs. But he said he still sees
some benefits to decriminalizing personal use, including benefits for the
user. If an officer could issue a citation, he could help the offender find
treatment, and the offender would still be able to apply for jobs without
the tarnish of a criminal record, DeLuca said.

"We certainly don't want it (marijuana) to lead to those other serious
drugs," DeLuca said. "We want to put the offender in the right direction.
Making it a summary offense could be beneficial to everyone."