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News (Media Awareness Project) - US MO: OPED: Voters Should Reject Misguided Marijuana Move
Title:US MO: OPED: Voters Should Reject Misguided Marijuana Move
Published On:2003-03-23
Source:Columbia Daily Tribune (MO)
Fetched On:2008-01-20 21:32:10
VOTERS SHOULD REJECT MISGUIDED MARIJUANA MOVE.

On April 8, Columbia voters will decide a proposed ordinance that would
make substantial changes to the way the Columbia Police Department handles
misdemeanor marijuana offenses.

In my opinion, these changes would be a detriment to Columbia.

The policy the Columbia Police Department has in place allows individuals
arrested for possession of small amounts of marijuana to be sent to
municipal court when no extenuating circumstances exist. Examples of
extenuating circumstances that would cause an offense to be sent to state
court include an individual with prior convictions, an individual arrested
for other state charges, or an arrest made in the service of a drug search
warrant.

The current policy works very well. Individuals arrested for possession of
small amounts of marijuana are sent to municipal court if no extenuating
circumstances exist.

The proposed ordinance would remove all discretion from the police officer
as to how misdemeanor marijuana arrests would be handled. We could no
longer consider the individual's criminal history.

A known drug dealer with several previous convictions would be sent to
municipal court, as would an individual arrested for a first-offense
marijuana possession with no criminal history. Clearly, this would be
unfair and would not allow a police officer to use discretion and to take
all circumstances under consideration on each offense.

It should also be noted that this proposed ordinance would relate only to
Columbia police officers. An individual arrested inside the city limits of
Columbia by the Boone County Sheriff's Department, the University of
Missouri Police Department or the Missouri Highway Patrol still would be
subject to being sent to state court. Again, this would clearly be unfair.

This proposed ordinance would remove discretion from the city and state
prosecutors. Currently, these offices communicate with each other as to the
appropriate office to handle a particular case. This system works well.

The proposed ordinance removes discretion from the municipal judge as to
the amount of fine for marijuana offenses. A first-time offender would
receive a $25 fine. This is regardless of criminal history. Currently, the
typical fine for a first-offense misdemeanor marijuana possession is
between $200 and $300. This obviously would be a significant reduction in
fine and not in line with the current policy of the municipal judge.

The proposed ordinance also would allow for misdemeanor possession to
become "legal" in the city of Columbia if used for medical purposes. This
would be in conflict with state and federal law. Since Columbia police
officers swear to uphold not just city ordinances but state and federal
law, a clear, significant conflict would be created.

It should be noted that the proposed ordinance says a doctor's
"recommendation" would be required to authorize the possession. This
language is used because a doctor cannot prescribe marijuana use. The Food
and Drug Administration and the U.S. Supreme Court do not recognize
marijuana for medical purposes under any circumstances.

An argument has been made that this proposed ordinance would save time for
Columbia police officers. In reality, no time would be saved. Paperwork for
a misdemeanor marijuana possession case is the same regardless of whether
the case goes to city or state court.

Finally, the proposed ordinance would send an improper and conflicted
message to the youths of our community. The Columbia Police Department
spends many hours in our schools teaching youths the negative consequences
of substance abuse. The proposed ordinance suggests that misdemeanor
marijuana possession is not a serious offense.

I ask the citizens of this community to vote "no" on this proposed ordinance.
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