INITIATIVE PETITION AIMS TO DECRIMINALIZE MARIJUANA

Kelly Maddy, president of the Joplin chapter of the National
Organization for the Reform of Marijuana Laws, took a deep breath on
Friday and started his fight.

Joplin's City Hall was chosen as the starting point of a year-long
battle to decriminalize possession of small amounts of marijuana in
Joplin and the paraphernalia that's used to smoke it.

"We are here today to introduce an opportunity for the citizens of
Joplin to enact a more sensible marijuana policy," he announced.

Maddy was flanked by Kris Krane, the executive director of national
organization, Students for Sensible Drug Policy, and Ryan Denham,
president of the Alliance for Drug Reform Policy in Arkansas.

"Over 200 people were arrested in 2005 for marijuana in Joplin," he
said "This is a waste of police resources that could otherwise be
allocated to more serious crime. Our city's marijuana laws are not
only a waste of taxpayer money and police resources, they are by
definition a failed policy."

The Sensible Sentencing Initiative, as proposed by Maddy and Joplin
NORML, would, if endorsed by a majority of Joplin voters in November
2008, make possession of a misdemeanor amount of marijuana or
marijuana paraphernalia an administrative offense.

The petition also makes clear that adults arrested for simple
possession of marijuana or marijuana paraphernalia would not be jailed
or have to post bond. Those found guilty of the infraction in
municipal court would be subject to a $250 maximum fine.

Under current law, those arrested and convicted of marijuana
possession or possession of paraphernalia within the city of Joplin
are subject to a $500 fine and/or 100 days or less in jail based on
the judge's discretion at sentencing.

Possession cases are currently not referred to the county prosecutor
unless the amount of marijuana possessed is 35 grams or more making it
a felony offense, according to Cpl. Chuck Niess, the Joplin Police
Department's assistant public information officer.

For R. Lewis Phillips, 69, of Joplin, the idea of decriminalizing
marijuana is a non-issue.

"No, not even ... no way would I support that," said
Phillips.

"It's (marijuana) a drug. I don't approve of drugs at all. Marijuana,
cocaine ... they are all the same. I don't think medical marijuana is
the answer either. Once you open that can of worms, there is no end to
it," he said.

Phillips' views on decriminalization were not shared by Travis Morgan.
The 31-year-old Joplin resident said that he could see the possible
benefit of the measure.

"It sounds like it would be cheaper for the system and lessen the
strain on the courts," he contends. "It's not morally right, but I
don't think it should be a criminal offense. Lying is not morally
right, but I would not put someone in jail for it."

By the Numbers

In order to get the measure on the November 2008 ballot, organization
members and volunteers will have to collect valid signatures of Joplin
voters equal to 15 percent of the number of registered voters in the
City of Joplin as of the April 2008 general municipal election. City
Clerk Barbara Hogelin estimated the group will need close to 5,000
valid signatures of Joplin registered voters based on past
registration numbers.

Maddy said the proposal is essentially the same initiative that passed
in Columbia in 2004 with 61 percent of the vote. A similar initiative
passed in Eureka Springs, Ark., last November with 64 percent voter
approval.

"We will have almost a year to collect the needed signatures and I
think that it is a very doable thing," he said."

"Our home-rule charter gives us the right and that is why Missouri is
such a cool state to live in. It allows cities to try out new laws
that may not be ready for the state level or that just give individual
citizens a voice in their own city."

Marijuana possession arrest numbers provided by the Joplin Police
Department shows that the average age of those arrested for possession
during July 2006 and July 2007 was 26.5 years old, overwhelmingly male
and predominately white.

'A Radical Departure'

Joplin City Attorney Brian Head said that he can't remember when the
last initiative petition was placed on a Joplin ballot, but he said,
he thinks it 's been more than a decade ago.

He said he could remember referendums in the city, but nothing quite
like this.

"Were not going to throw up any road blocks for them, but we are not
going to help pave the way either," he said. "We will be as objective
in the process as possible."

He said the city cannot spend city funds to either support or oppose
the measure, but said that council members can take a stand on the
issue if they want.

As the city attorney, Head is charged with the prosecution of
marijuana and paraphernalia possession cases. He said that there would
be many legal questions to be answered before the new ordinance could
be adopted.

"It would be an awful radical departure for a conservative community
like ours," he said.

"But again," he added, "if the citizens choose that, we would be held
to their determination as the charter and the law provides."

'Get Baked With NORML'

As Maddy made plans to announce the initiative petition and signature
drive, he recalled an incident that occurred almost two years ago at a
NORML fund-raiser.

"We were holding a 'Get baked with NORML' bake sale in front of the
smoke shop at Seventh Street and St. Louis Avenue when two Joplin
police officers pulled up and came over to see what we were doing," he
said. Maddy remembers that he didn't really think anything about it at
the time. He said he informed the officers that they were not doing
anything illegal and they went on their way. Maddy said soon after the
officers left a worker from the Joplin Health Department arrived on
the scene and asked for a sample of the baked goods they were peddling.

"I started to grab a sample from the table to hand him when he stopped
me," he recounted with a laugh. "The health department guy put on
latex gloves, broke off a piece of a brownie and sealed it up in a
plastic biohazard-labeled bag."

Maddy said that the health department worker then wrote out a receipt
of sorts, handed it to him and informed him that the sample would be
taken to the crime lab at Missouri Southern State University for analysis.

Maddy said he never heard anything about it after that.

'Just Say No'

Paula Phillips, 68, agreed with her husband, R. Lewis Phillips, about
the possible decriminalization of marijuana and said her mind is made
up about the initiative petition.

"I would not sign it. It sends the wrong message," she said. "We older
citizens should give the younger people an example of what is right
and what is wrong. Just say no."

At 19 years old, Joplin resident Samantha Helmes said she would not
support the decriminalization effort either.

"I'm against the whole drug, tobacco and alcohol thing anyway," she
explained. "I don't think the laws against it are tough enough as it
is. I'm the daughter of a marijuana addict and don't think it's a good
idea. It's an issue I've faced a long time, I would never sign the
petition."

Darlene Ring, a 66-year-old new Joplin resident and her identical twin
sister, Ada White, said they had mixed feelings about the use of
marijuana. They see the value of its medicinal uses, but would not
support the initiative proposed by NORML.

"I would vote for medical marijuana, but that's it period," said Ada
White. "I think there should be some kind of control on it, too. The
people that want to abuse marijuana hurt the people who could use it
for medicine."

Darlene Ring shares her sister's view.

"I think medical marijuana would be OK," said Ring. "I don't think it
should be legalized except for medical purposes." Lois Crockett, a
Joplin oncology nurse, said a legal drug, called Marinol, is sometimes
used to treat nausea for cancer patients undergoing chemotherapy. The
active ingredient of Marinol is a synthetic THC, which is found in its
natural form in marijuana.

Crockett said Marinol is prescribed if patients request it, but she
said she does not think it is as effective as some of the new drugs
that have been introduced recently for nausea.

She said over the years there had been patients who had tried
marijuana to relieve nausea.

"In my opinion, there are many drugs out there that are better than
marijuana in fighting nausea," she said.

Changing People's Minds

For Maddy, it's all about education and changing people's minds about
marijuana and the people who use it. He equates the
pot-decriminalization battle he is fighting on the streets of Joplin
with the gay and lesbian community's push for greater social acceptance.

"I've seen lawyers, and doctors that smoke pot," he explained.
"Granted, these people are not going to come out because of their
professions. It's the same thing as the gay and lesbian rights
movement," he added.

"They didn't really make any advances toward equality or to change
anything legislatively until they came out of the closet and gave them
the power that their numbers entitled them to," he said.

Maddy suggests that the members of NORML are just regular people who
are interested in opening up a discussion about the many medical,
industrial and recreational uses of the long-outlawed weed.

"We have young people and older people, nurses, bank tellers, students
. people from all walks of life," he said. "We are a diverse group
of people that just want to fight for a sensible policy and fight
against the stigma associated with marijuana smokers."

"I don't think there is anything wrong with somebody choosing a safer
more rational way to have a little recreation after a hard day's work
or like somebody would do with a beer or a glass of wine," he said. "I
don't think there is anything wrong with that, and I think our laws
need to reflect that we're responsible adults," he added.

"You trust adults to use alcohol or enter into a marriage contract or
bungee jump," he said. "As long as they are adults, they should be
able to use cannabis."

[sidebar]

2006 Joplin Marijuana Arrests

Jan. - 22

Feb. - 32

March - 21

April - 23

May - 26

June - 23

July - 25

Aug. - 18

Sept. - 26

Oct. - 29

Nov. - 15

Dec. - 16

Total - 232

2007 Joplin Marijuana Arrests to Date

Jan. - 17

Feb. - 9

March - 25

April - 25

May - 18

June - 28

July - 18

Aug. - 20

Sept. - NA

Oct. - NA

Nov. - NA

Dec. - NA

Total - 160 to date

Source: Joplin Police Department