CHIEF SAYS POT LAW TOUGH TO INTERPRET

Randy Boehm and others in law enforcement confront
how to implement Proposition 2.

When Proposition 2 passed overwhelmingly on Election Day, marijuana
possession became Columbia law enforcement's lowest priority.

But it's not clear to police exactly how they are supposed to adjust
to the change in the law.

Columbia Police Chief Randy Boehm said the initiative's passage
doesn't really change the police department's approach. "I don't know
exactly what (lowest priority) means," Boehm said. "It's open to
interpretation."

Boehm and representatives from the department and the city
prosecutor's office met Monday to discuss changes as a result of the
new city ordinance.

The initiative's passage means that all misdemeanor possession cases
will now be handled in Municipal Court, rather than state court. It
also lowers the maximum punishment to a $250 fine.

Boehm said most arrests for marijuana possession stem from some other
suspected violation of the law, such as a traffic stop or a domestic
disturbance. He doesn't expect that to change, although the process
subsequent to finding marijuana will be different.

"The ordinance requires that cases would be a summons only," he said.
"So we would issue a summons at the scene instead of taking someone
into custody."

Boehm said cases that were normally referred to state court - a second
offense or a case involving a search warrant, for example - would also
now require only a summons.

About half of first-offense marijuana possession cases are already
sent to municipal court, said city prosecutor Rose Wibbenmeyer.
Proposition 2 will increase the number of possession cases handled by
Wibbenmeyer and will also place new limits on penalties levied in
pending cases.

"The law will apply once election results are certified," she
said.

The new ordinance will not apply to cases already disposed, in which
the judge has already handed down a fine or other punishment.

"Those are over and done with," Wibbenmeyer said.

Perhaps the biggest change is the fact that people might have to face
two different tickets if they are also caught with
paraphernalia.

The city and state have different definitions of paraphernalia. The
city considers paraphernalia to be a device used to ingest drugs, such
as a pipe. State law applies a broader definition to drug
paraphernalia.

"Something like scales with residue, under state law, that counts,"
Wibbenmeyer said.

Proposition 2 could also cost taxpayers more money in certain cases in
the form of "an extra layer or two of hearings," Wibbenmeyer said.

Defendants who lose cases at the Municipal Court level can appeal to
the state court, then the Court of Appeals.

"If somebody wanted to proceed that way, it could cost more, but we
rarely see that," she said.

Boehm said Columbia Police will not see any increase in their costs
because of the ordinance.

Proposition 2 will have lesser impact on marijuana possession cases
handled by the MU police.

"I don't see it changing anything we do," said MU Police Chief Jack
Watring. "Right now, we send our misdemeanor possession cases to
municipal court, and we always have."