MARIJUANA MISDEMEANOR

Recent decisions made by lawmakers have once again brought up the question:
Will marijuana become legal?

The legalization of marijuana in certain states for medicinal use, the
question put on one state's ballot concerning legalizing marijuana for
personal use and the decision to make financial aid unavailable to
individuals with drug convictions have brought up the ongoing debate once more.

The first exception that lawmakers allowed was for marijuana to be used for
medical use in certain states.

Although the federal government has outlawed marijuana, there are currently
eight states in the U.S. that allow marijuana to be used for medicinal
reasons: Nevada, Alaska, Hawaii, California, Maine, Oregon, Washington and
Colorado. Research has shown that marijuana might ease certain pains and
even help cancer patients regain their appetites temporarily.

This past September, Nevada took the first step towards possibly legalizing
marijuana for personal use, by putting a question on their ballot that
would allow adults to possess up to three ounces of marijuana for personal
use. It did not pass.

"With the current crop of politicians in North Carolina, it's not likely
that marijuana will be legitimately decriminalized, but the possibility is
there for the near future," said Paul Ricardo, a spokesman for the National
Organization for the Reform of Marijuana Laws.

Sgt. Lockame, crime solvers chief for the Wilmington Police Department,
said that he thinks the decriminalization of marijuana would have negative
effects in North Carolina.

Almost 47 percent of Americans said that they had tried marijuana at least
once in their lives, according to a survey conducted by CNN in October of
2001. North Carolina State University's student paper, [italics] [the
Technician] [italics], conducted a poll last November and found that 68
percent of N.C. State students felt that marijuana should be legalized
while only 32 percent felt that it should not.

According to David Donaldson, the chief of the UNCW police department, less
than half an ounce is a class 3 misdemeanor. Between half an ounce and one
and a half ounces is a class 1 misdemeanor, and over one and a half ounces
is a felony. You can get up to two years in prison for a misdemeanor, he said.

Paraphernalia possession is considered at least a class 1 misdemeanor. "The
penalty can actually be greater for having paraphernalia," Donaldson said.

Captain Pulley of the New Hanover County Sheriff's Department added, "If
it's broken up into nickel or dime bags separately, then it's a felony."

"We encounter marijuana fairly regularly," Donaldson said. He said that
this year, from Jan. 8 to Feb. 12, there were 12 cases of marijuana
possession on campus, and 5 cases of paraphernalia possession on campus. In
fact, police arrest more people nationwide for marijuana possession than
any other drug.

If caught possessing marijuana or paraphernalia, a student is referred to
the Dean of Students. The student may or may not be criminally charged,
depending on the situation and circumstances.

"Our intent is to solve the problem ... you are going to be referred to the
Dean of Students, then the question is, are there going to be criminal
charges," Donaldson said.

The widespread use has led many to believe that marijuana could possibly be
legalized in the future.

"Marijuana is so commonly used it might as well be legal. I don't think any
crime or death rates will go through the roof if it were decriminalized. I
think people will get used to it," said junior Chris Waldrop.

It is unlikely that North Carolina would legalize marijuana because "North
Carolina's views tend to mirror the federal government's," Donaldson said.

An issue of particular relevance for UNCW students is a statute that
prohibits students with drug convictions from receiving financial aid.

When asked if it would be fair to provide a student who had a previous drug
offense with financial aid, junior Heather Farrow said, "Yes; people
deserve a second chance. If someone slipped up once and got busted, it
could mess up their whole life because sometimes it's impossible to go to
school without financial aid."

However Farrow can also see the position of proponents of this statute. "I
can understand not granting scholarships and grants to drug offenders,"
Farrow said. "If they can reimburse left over aid for drugs it creates a
problem. I work hard for my money to go to school with, it would piss me
off to see someone smoking theirs away."