POT ORDINANCE TO APPEAR ON BALLOT

Marijuana Laws Current city ordinance: Possession of 35 grams of marijuana
is a Class A misdemeanor, punishable by a maximum sentence of one year in
jail and a $1,000 fine.

Current state law: Possession of less than 35 grams of marijuana is a Class
A misdemeanor, punishable by a maximum sentence of one year in jail and a
$1,000 fine. Possession of 35 grams or more of marijuana is a Class C
felony punishable by a maximum sentence of seven years in prison and a
$5,000 fine.

Proposed city ordinance: Seriously ill residents are granted the right to
obtain, possess and use up to 35 grams of marijuana for medicinal purposes
upon the recommendation of a physician. The ordinance would prevent police
from sending most cases involving less than 35 grams of marijuana to any
prosecutor other than the city prosecutor. The city prosecutor would be
prevented from referring marijuana cases to another prosecutor or agency.
Municipal Court cases involving less than 35 grams of marijuana would be
punished only by fines. Maximum fines would be $25 for a first offense, $50
for a second offense, $100 for a third offense, and $500 for a fourth or
any subsequent offense.

A proposal for an April vote to allow seriously ill residents to use
marijuana and to reduce penalties for those caught with 35 grams of the
drug or less was passed by the Columbia City Council Tuesday night.

Five council members voted to put the proposed ordinance on the April 8
ballot rather than approve an outright amendment to the city code. Only
Sixth Ward Councilman John Coffman voted to approve the proposal without a
popular vote.

The ordinance, if passed by voters, would ensure that patients for whom
marijuana has been recommended by a physician suffer no punishment for
obtaining, possessing or using medicinal marijuana. The ordinance also
would make possessing 35 grams or less punishable only by fines, starting
at $25 for a first offense.

A petition started by the Columbia Alliance for Patients and Education had
enough valid signatures of registered voters and was certified by the city
clerk on Dec. 30, which brought the issue before the City Council at its
meeting Tuesday.

Councilman John John said passing the proposed ordinance would encourage
the use of marijuana. But Anthony Johnson, a 25-year-old law student at MU
and executive director of the Mizzou American Civil Liberties Union who
proposed the ordinance, argued that the change in law will not lead to
increased drug use.

"What this ordinance can increase is the police department's ability to
catch harder, more serious criminals," he said.

Proponents of the ordinance argue that it would also protect the rights of
students. Currently, students convicted of any federal or state law
involving possession of a controlled substance are ineligible to receive
any grant, loan or work assistance for one year after a first conviction,
two years after a second conviction and indefinitely after a third conviction.

Joshua Judy, senator for the Missouri Students Association, said the
current law does not give enough room for young students to make mistakes
that they will most likely learn from.

"Under the current law, if a college student is caught with merely a small
amount of the drug, that person would inevitably suffer for the rest of
their life if they are no longer able to afford an education with out
loans," Joshua said.

The ordinance would be in direct conflict with a state statute that makes
possession of 35 grams of marijuana a felony and possession of less a
misdemeanor punishable by both fines and jail time.