TOWN'S NEW POT LAW MAY BE SHORT-LIVED

BIG WATER, Kane County - Councilman and mayor-elect Willie Marshall can't
wait for Tuesday's City Council meeting to begin.

On the action agenda is one item he hopes will pass quickly - the repeal of
the town's lenient new ordinance that essentially decriminalizes the
possession of small amounts of marijuana.

"You can put this on my tombstone," Marshall said from his home in this
town of around 400 residents: "It seemed like a good idea at the time."

Marshall, 49, brought the controversial ordinance before the five- member
Town Council Nov. 20, where it passed unanimously.

Under the new Big Water ordinance, the town prosecutor is required to seek
a plea held in abeyance agreement with any defendants charged with
possessing less than one ounce of marijuana or drug paraphernalia. The fee
for each plea held in abeyance is set at no more than $10 for each count,
the new law states.

Kane County Chief Deputy Tracy Glover said because of the ordinance he and
Sheriff LaMont Smith have discussed whether their office will renew its law
enforcement contract with Big Water when it expires in January.

"The sheriff and I feel like we can't adequately provide law enforcement if
we're not on the same page with them," Glover said. "We're going to wait
and see what happens. There are some good people out there, and we don't
want to leave them high and dry, but there's a chance we may not renew our
contract if they don't repeal that ordinance."

Glover said two deputies regularly patrol Big Water for several hours per day.

"We respond to the normal small town calls," he said, adding there have
been few calls related to drugs.

Kane County Attorney Eric Lind drafted a letter telling Marshall and other
council members the ordinance is illegal and should be repealed.

"I received no written response from them, but I have talked to several of
the council members and answered their questions," Lind said. "This
ordinance conflicts with state law. There's just no way they can legalize
marijuana. I just don't think the town can, in any way, do this."

Marshall, who moved to Big Water from Salt Lake City less than two years
ago, said his Libertarian views may be "too progressive" for Utah.

"I don't think the ordinance is unconstitutional, because there's no
penalty if the town prosecutor decides not to seek a plea in abeyance," he
said. "But the county attorney thinks otherwise."

"I just thought (the ordinance) was a neat idea. We were sending the
message that the punishment should fit the crime, and this one does,"
Marshall said. "But I'd rather just repeal it and get to work on other
things, like cutting taxes like I promised I would when I was elected."