POLICE AGENCIES DIVIDED ON HANDLING POT LAW

Three out of four law-enforcement agencies operating in Columbia
are not following a new Columbia ordinance that directs all
misdemeanor marijuana cases to Columbia Municipal Court.

Because of that, one of the proponents of Propositions 1 and 2 is
looking into whether the Missouri State Highway Patrol, the Boone
County Sheriff's Department and the University of Missouri-Columbia
Police Department should be obligated to follow the law in city limits.

"We're still researching the question of whether the law compels the
patrol" and other police agencies "to follow the ordinance," said Dan
Viets of Columbia Alliance for Patients and Education, or CAPE. He is
also is a member of the National Organization for the Reform of
Marijuana Laws. "My gut feeling is that they are subject to the city
ordinance." Viets said CAPE would likely discuss the matter informally
with law-enforcement officers.

"Municipal laws vary from town to town, but we enforce the state
laws," said patrol Lt. Vernon Dougan of Troop F, which includes Boone
County. "We're state officers. That's what we're here to do - to
enforce the laws of the state." Dougan said state highway patrol
officers by law aren't allowed to hold commissions for other law
enforcement agencies. "Anything that we do has to go to state court,"
he said.

Sheriff Ted Boehm said, "The state only gives us authority to enforce
state law. The only way we could receive the powers of enforcing the
municipal ordinance was if Boone County deputies received a commission
from the city to do so." He said that doesn't seem to be on the horizon.

MU Police Chief Jack Watring, meanwhile, hasn't changed his
department's policy of referring first-time cases to municipal court
but continues to direct subsequent cases to Boone County Prosecuting
Attorney Kevin Crane's office. Watring said he's doing so at Crane's
request.

Crane said his office doesn't have a one-size-fits-all policy on
enforcing the law, so it's possible that he could refer second-time
offenses back to Columbia Municipal Court if appropriate.

In addition, Crane said, second-time marijuana offense cases often
receive suspended imposition of sentences in state court, which means
that as long as the person completes two years' supervision without
breaking the law, he or she would not end up with a conviction.

Viets contended that Crane's office has seldom, if ever, reached a
plea agreement that included a suspended imposition of sentence. One
of the arguments CAPE cited in pressing for passage of Proposition 2
was that students could lose their scholarships or financial aid if
they get a court conviction for marijuana.

"If you've got someone with federal student aid and they're arrested
one time, that's one thing," Crane said. "If they get arrested kicking
it twice or three or four or five times, do we want them to keep
getting financial aid? I would say no."

Since the ordinance's approval Nov. 2, 48 people have had marijuana
cases deferred in Columbia Municipal Court, city prosecutor Rose
Wibbenmeyer said. If those people don't break a law within a year,
they can avoid any penalty.