COUNCIL INCREASES MARIJUANA FINE

The cost of getting caught with even a tiny amount of marijuana in Eugene
will more than double next month.

On a 6-1 vote and with little discussion, the Eugene City Council on Monday
increased the maximum fine for possession of less than one ounce of
marijuana to $250 from the current $100. The new amount goes into effect
March 12.

The change was sought by Eugene Municipal Court Judge Wayne Allen, who said
the higher penalty is needed to motivate offenders to enroll in a new
diversion program. Those who take the diversion will pay about $100 and be
required to attend an all-day class.

Allen said the rationale is not to raise revenues but rather to create a
workable diversion program. He estimated that fines imposed last year for
marijuana possession totaled around $40,000, but said the actual amount
paid was substantially less.

The diversion class will be offered by the University of Oregon's Substance
Abuse Prevention Program, which already works with the city in offering a
nationally recognized diversion program for individuals arrested as minors
in possession of alcohol.

Councilor Betty Taylor voted against the fine increase, calling it an
unlikely deterrent to marijuana users. "It will hurt young people and poor
people, usually both," she said.

Taylor also questioned the effectiveness of a diversion program attended by
people out of economic necessity rather than because they want to be there.

At a public hearing last month, Allen was the only speaker among 10 to
favor the change. Other speakers said an increased fine makes little sense
at a time when other countries are moving toward outright legalization of
marijuana, and will increase the public's disdain for police.

Allen said then that one of the benefits of going through a marijuana
diversion program rather than being convicted and paying a fine is that
some student loan programs will not accept clients who have drug convictions.

Councilor David Kelly said Monday he supports the new law solely because it
will help some students avoid losing eligibility for financial aid.

He said he will want to revisit the issue if he hears that the new law is
used as a tool against people growing marijuana legally for medical purposes.

The new penalty of $250 matches what the city already assesses people
charged as minors in possession of alcohol.

The city expects to have a minimum of 20 people ready to enroll in the
first marijuana diversion class by early April.

Possession of less than an ounce of marijuana in Oregon is a violation -
similar to a traffic crime.

State law calls for a fine of $500 to $1,000, but the cases are seldom
handled in state court, falling instead to municipal courts that can set
their own fine structures.

Eugene's municipal court handled 560 of the cases in the fiscal year that
ended June 30.