AREA POLICE USE LOCAL LAWS IN MARIJUANA CASES

As Chicago mulls over a plan to ticket people caught with small amounts of
marijuana, most North Shore police agencies say they have been doing that
for nearly 25 years as an alternative to arrests which are often thrown out
of state court.

Chicago's proposal drew headlines in recent weeks as Mayor Richard Daley -
a former prosecutor - gave his tentative blessing to a plan attributed to a
police sergeant.

"Wilmette has had this ordinance on the books since August of 1978, and we
were not a pioneer in this," said George Carpenter, Wilmette police chief.

Officers have the option of charging offenders under village ordinance for
possession of 10 grams or less of marijuana, and the ticket carries a fine
of $100.

Tickets can be contested in court, but the standard of proof is lower than
in criminal cases, and most people opt to pay the fine.

In contrast, traditional criminal arrests requires more time in making an
arrest and paperwork and one or more court appearances which are usually
paid as overtime for off-duty officers.

In a court system where prosecutors and lab technicians are busy with more
serious matters, the charges for smaller amounts are often thrown out.

"That ordinance has served the village of Wilmette very well throughout all
of these years, and it doesn't decriminalize marijuana," Carpenter said.
"It's a more sensible and practical approach to minor violations."

Kenilworth has a similar local law, and the tickets accounted for 80 to 90
percent of the 20 drug cases handled in the village last year, said Police
Chief John Petersen.

"It's generally up to the officers discretion as to whether it will be a
state charge or not. There would be a lot of factors involved. Usually It's
the amount, but occasionally it could deal with the prior record of the
individual," Petersen said.

Winnetka also has an ordinance which dates back to 1978. Marijuana use was
hitting a peak at that time and police found themselves dealing with people
who otherwise had no criminal involvement.

"In the 1970s and 1980s we were making a lot of drug arrests," said Eric
Bennett, Winnetka deputy police chief. "Working an evening shift, when
you'd go out, it wasn't if you were going to make a drug arrest, it was how
much you were going to find.

"It overloaded the court," he added. "If it went to misdemeanor court the
judges weren't putting anybody in jail anyway. It was just a fine and maybe
supervision and we can do that under an ordinance violation."

In Glencoe, virtually all minor possession cases are handled through local
charges, said Mikel Milks, director of public safety.

That included nine cases in 2003 and 11 through August this year.

"If it's under 10 grams, it's always handled that way unless there are some
aggravating factors or history of past arrest," Milks said.

One perception which sometimes follows officer discretion holds that local
residents are more likely to get a fine while others get a state charge,
but Milks said that isn't the case in Glencoe.

Officers in Glencoe and most nearby communities are happy to use tickets
where appropriate because it is much less time-consuming than arrests,
which can take hours between paperwork, photographing, fingerprinting and
bond arrangements.

Northfield does not have a local ordinance option for enforcement, though
it is considering a plan to use tickets for the smallest amounts - 2.5
grams or less.

Deputy Police Chief Claude Castelleto said charging people with
misdemeanors for marijuana possession, where those charged must appear
before a judge and may get assigned to drug school, is more likely to teach
offenders to steer clear of drugs.

If the ordinance were adopted, those who got pinched would still need to
appear before a judge, Castelleto said. The agency is studying the issue on
the request of area school officials and other advocates.

"We're not interested in the money portion of it," he said. "I think our
philosophy is the education and prevention."

Although police prefer to view the ticket alternative as smart enforcement
rather than liberalization, advocates of decriminalization see it as a step
in the right direction. In the "zero tolerance" atmosphere of the past 20
years, most politicians and law enforcement officials would not publicly
endorse anything that sounded like a retreat in the war on drugs, said
Bryan Brickner, chairman of the Illinois chapter of the National
Organization for the Reform of Marijuana Laws.

"It is kind of a turning point. The conversation is a little different, and
we're happy about that. For us the key thing is once we start not putting
people in the criminal justice system, that's a step in the right direction."

"We want the police going after what we call the index crimes, theft and
burglary and criminal sexual assault and all those. The ones against people
and property."

Brickner said he did have concerns that Chicago's plan appears to be
focused on generating revenues and that high fines - $250 to $1,000, would
fall disproportionately on poor and minority residents.