HIGHER CITY FINE LETS FIRST-TIME POT CONVICTIONS GO UP IN SMOKE

The Eugene City Council voted Monday night to raise the fine for
misdemeanor possession of marijuana from $100 to $250. At first, we were
torn on the issue, as it does put an unfair added burden on those who have
a legal right to possess marijuana. On the other hand, the new diversion
program accompanying the fine hike will give students a second chance.

The way Oregon's medicinal marijuana system works can already be a potent
Catch-22 for patients, and increasing the fine seems to be punishing the
wrong people. It is not illegal to possess marijuana if you have a medical
condition and a license from the state -- but there is no legal place to
purchase marijuana. So patients sometimes resort to illegal sales and run
the risk of arrest.

Then again, so does anyone who wants to buy weed. College students often
are users of marijuana, and they, too, can face an unfair price for indulging.

According to federal law, once you are convicted of a drug offense -- any
drug offense, even a misdemeanor -- you risk losing any future financial
aid. This burden is high -- too high for students engaging in an activity
that is not so much harmful to others as it is annoying to the status quo
- -- at least as regards marijuana use.

That is why, ironically, we like the idea of increasing the fines for
misdemeanor possession. The city is starting a new diversion program for
first-time offenders that will allow them to clear the conviction.
"Marijuana and Other Drugs" will be offered by the University and will cost
only $90. So the idea behind increasing the penalty is that first-time
offenders will be more likely to pick the $90 diversion over a $250 fine.

We don't like the thrust of the BUSTED-style diversion programs, as they
lean too heavily on hyperbole and propaganda. We don't really know many
people who substantially changed their recreational use habits as a result
of them. But we like the idea that people convicted for the first time on
an essentially harmless offense could have it cleared from their record.

Of course, the best-case scenario would be to decriminalize possession of
small amounts of marijuana. There is a major difference between someone who
uses meth or PCP -- or alcohol for that matter, as all three have a
tendency to bring out aggressive behavior -- and someone smoking marijuana.

All marijuana prohibition accomplishes is injustice; the penalties are out
of line with the offense. But until someone is able to garner enough
support to change the law, we support the fine increase, as it is likely to
encourage students to clear their record on first-time offenses.