POLICE ADJUST POT POLICY BEFORE ELECTION

Columbia police officials have altered their policy for handling
misdemeanor marijuana possession cases to fix what Police Chief Randy Boehm
called a "lack of consistency" that was discovered during a recent audit of
cases.

Boehm said officers have been told to refer marijuana possession cases
involving 35 grams or less to municipal court instead of state court,
except in certain circumstances.

He said that Proposition 1, which would decriminalize marijuana possession
and legalize possession for seriously ill citizens, caused his department
to take a closer look at a 1999 policy established by his predecessor, Norm
Botsford. Columbia voters will decide whether to approve the proposition on
April 8. Boehm said that recently he had officers look at some specific
possession cases to see how they were being handled.

"There were times when we probably could have been more consistent," he
said. "I did sense there could be some lack of consistency. It just talked
about a small amount of marijuana, and it didn't give a specific amount."

The 1999 agreement was reached after then-Chief Botsford came under fire
for instituting a more aggressive philosophy toward enforcement of
marijuana laws.

Before Botsford was hired in 1997, police sent many misdemeanor cases
through city court, following a 1985 city ordinance that gave police the
option of writing a summons for misdemeanor cases.

When Botsford was hired in 1997, however, he began directing the vast
majority of cases to state court.

To address the controversy, city administrators and law enforcement
officials in 1999 announced a new policy where those arrested with a "small
amount" of marijuana - about 5 grams, or about two joints, they said -
would be referred to city court.

Boehm said the policy change took effect about 30 to 45 days ago. Columbia
police Capt. Zim Schwartze said the clarified policy says that anyone found
in possession of 35 grams or less of marijuana would have their case sent
to city court, unless:

- - They have a prior drug arrest.

- - They face state charges for other infractions committed while possessing
marijuana.

- - They were arrested during the serving of a search warrant.

Proposition 1 would allow police to send cases to state court when the
accused is also charged with a felony, but Boehm said that's not enough
discretion.

Boehm estimated that between 50 and 75 percent of misdemeanor cases are
already sent to city court.

In 2002, there were 64 cases of felony marijuana possession and 539
misdemeanor cases. In 2001, there were 50 felony cases and 489 misdemeanor
cases. In 2000, there were 51 felony cases and 376 misdemeanor cases.

Municipal Court Clerk Shara Meyer said city court saw 245 cases involving
misdemeanor marijuana possession or drug paraphernalia possession from
January through November last year. In 2001, city court saw 242 cases and
in 2000, 202 cases.

Columbia attorney Dan Viets said he met with Boehm on Thursday to discuss
the ordinance and the chief never mentioned the policy change.

"I think that's very interesting," Viets said. "I presume that their
intention is to try to show that they are addressing the issues that the
ordinance is intending to address. It doesn't by any means address all the
issues we're concerned about."

Viets said the policy could change again after the election. Anthony
Johnson, the MU law student who drafted Proposition 1, said he's glad to
hear about the policy change because he thinks it will make it easier for
people to support Proposition 1.