MARIJUANA PUNISHMENT CHANGES

People caught with small amounts of marijuana may be able to stay out
court. District court anyway. They could still wind up in municipal court.

The McAlester City Council voted Oct. 12 to change the punishment of
marijuana violators. That's because state laws have changed.

Under the changes, a police officer will decide whether a person should go
to municipal of district court, but state law allows the lesser punishment
only for first time offenders and people caught with 4 ounces or less of
the drug.

Violators will still have to pay a $200 fine and go to jail, but minor
marijuana charges will now be filed with the city court.

City officials say that they are not giving marijuana users a slap on the
wrist, but are trying to free up the district court for more serious offenses.

"Many other cities are already doing this," said council member and prior
McAlester Police Chief Dale Nave. "One minor marijuana charge doesn't have
to ruin a person's entire life. The way it was, even a minor conviction of
marijuana was sent to district court."

Once caught, offenders will be sent to jail until they post bond. When
offenders return to court, one of three things can happen: They can plead
guilty and the bond money go toward their fine. They can plead innocent,
and if they are found innocent, the bond money will be refunded in full.
Or, in rare cases, first offense possession violators may be placed on
probation and receive no charge.

"Trust me," said Police Chief Jim Lyles. "We won't be handing out
misdemeanor citations to marijuana users who possess 10 pounds or more."