MU STUDENTS SEEK CHANGE IN CITY POT LAW

Medicinal Marijuana Would Be Exempt

An initiative petition that seeks to limit the punishments for misdemeanor
marijuana possession has reignited the debate over how pot cases should be
handled. At least one Columbia City Council member said the move could be a
step in the right direction.

The University of Missouri-Columbia chapters of Students for a Sensible
Drug Policy and The National Organization for the Reform of Marijuana Laws,
or NORML, are circulating petitions that urge the city council to pass an
ordinance that would direct all individuals charged with possessing 35
grams of marijuana or less to municipal court.

The petition calls for limiting punishments to small fines and calls on
city prosecutors to dismiss any case if an individual uses marijuana for
medicinal purposes.

Anthony Johnson, an MU law student and president of the MU chapter of the
American Civil Liberties Union, started the petition drive to protect
students from new rules that bar federal financial aid to anyone convicted
of selling or possessing drugs in state or federal court.

"Being a college town, we should support education, not ruin student's
chances at bettering their lives," Johnson wrote in an e-mail explaining
his reasons for the petition.

Columbia attorney Dan Viets, who is general counsel for the Mid-Missouri
ACLU and a national board member of NORML, said sending misdemeanor cases
to municipal court would bypass the federal financial aid laws and allow
people to honestly say they haven't been convicted of a crime.

Municipal convictions do not result in a criminal record.

Although she wouldn't support the petition because she hadn't seen it,
First Ward Councilwoman Almeta Crayton said she generally favors sending
cases to municipal court so as not to "mess someone up for the rest of
their life" with a criminal record.

Sixth Ward Councilman John Coffman said he thinks the community supports
the idea of distinguishing marijuana from other, more serious offenses.

"I certainly support making a distinction for small amounts of marijuana
from other more serious crimes," Coffman said. "It sounds like a step in
the right direction."

This wouldn't be the first time the city council has weighed how to handle
marijuana cases. Shortly after Norm Botsford took over as Columbia police
chief in the summer of 1997, he instituted a more aggressive philosophy
toward enforcement of marijuana laws.

Since 1985, a city ordinance has given police the option of writing a
summons for possession of less than 35 grams of marijuana, and for a long
time police sent many cases to city court rather than state court, which
requires the accused to post bond at the jail.

Botsford, however, began directing the vast majority of cases to state court.

To address the controversy, city administrators and law enforcement
officials in 1999 announced a new policy where those arrested with small
amounts of pot - about 5 grams or less - would be referred to city court.

But Viets called the so-called compromise arbitrary and circulated a
petition later in 1999 that would have required all misdemeanor possession
cases be handled in city court. The petition drive fell short of signatures.

Police Chief Randy Boehm said he doesn't favor any measure that would take
away discretion from police officers or prosecutors. He said officers still
follow the agreement reached in 1999 and it seems to be working fine.

Boehm said that the number of misdemeanor marijuana cases referred to
municipal court continues to climb and that far fewer cases are sent to
state court - no cases solely for possession of 5 grams or less.

"I think that it's critical that the officers have some discretion in that
area," Boehm said. "I feel like we're handling the situation very well here
in Columbia."

Mayor Darwin Hindman said the argument against punishing college students
is persuasive.

"When it comes to the idea that somebody would lose educational benefits
because they have experimented with a modest amount of marijuana seems kind
of harsh," he said.

Third Ward Councilman Bob Hutton said he needed more information,
especially from local law enforcement, while Second Ward Councilman Chris
Janku said the council might not have the authority to make the changes.

"I don't think it's a good idea," Janku said. Police "have discretion right
now, and I think that's the appropriate level to keep it at."

Viets said the groups need at least 1,191 signatures by mid-December to get
the measure on the April ballot.