SENATE DEBATES HARSHNESS OF MARIJUANA INFRACTION

LEGISLATURE The Legislative Judiciary Committee heard arguments Thursday on
legislation that could give pot smokers one more thing to be paranoid about.

Proposed by Sen. Douglas Cunningham of Wausa, the bill would make anyone in
possession of an ounce or less of marijuana guilty of a misdemeanor. Now
possession is only an infraction, incurring a $100 fine.

The arguments were primarily concerned with marijuana's accessibility to
teenagers.

"It's easier to have a joint than have a six pack of beer," said Verlyn
Luebbe, Pierce County Attorney, who testified in support of the bill.

Teenagers are under the impression that marijuana possession is not as
serious an offense as alcohol possession, Luebbe said.

This law would change that impression, he said.

Luebbe said he was concerned with the "gateway" effect of marijuana.

Studies have shown that marijuana users often move on to more dangerous
drugs, which were a source of trouble for Pierce and other counties, he said.

"We have other drugs, in particular methamphetamine, that are becoming a
problem," he said.

Sen. Ernie Chambers of Omaha, a member of the Judiciary Committee, argued
marijuana wasn't as directly destructive as alcohol or tobacco.

"Why have you not brought a ban on cigarettes?" he said.

Ralph Smith, an Omaha attorney who testified against the bill, agreed.

"You might be better off having your child smoke marijuana rather than
drink alcohol," he said, citing drunk driving accidents as an example.

Don Fiedler, representing the Nebraska Criminal Defense Attorneys
Association, also argued against the bill.

Making marijuana possession a misdemeanor, as opposed to an infraction, was
a serious jump in punishment, he said.

"(A misdemeanor) has serious implications for an individual for the rest of
their life," he said.

Offenders aren't eligible for many scholarships or even admittance to some
higher education, Fiedler said.

It also seriously damages that person's viability in the job market later
on, he said.

Cunningham rejected the argument, saying if the law made such allowances
for those in possession of marijuana, why not other crimes, such as assault?

"Should we lessen the record for everything?" he said.

Sen. Mick Mines of Blair, a member of the Judiciary Committee, asked if
merely increasing the fine would deter users sufficiently - a suggestion
Cunningham said wouldn't work.

"You cannot raise the price tag for an infraction over $100," he said.

No action was taken on the proposed legislation Thursday.