Posted on 11/06/2004 12:12:50 PM PST by Wolfie
Officials Mull Effect of New Pot Law
Boone County Prosecuting Attorney Kevin Crane sees an immediate consequence of voters’ approval this week of a Columbia proposition that reduces penalties for possessing small amounts of marijuana.
If someone is on parole for an offense such as rape, murder or trafficking in drugs, Crane said, he or she wouldn’t be at risk of having his or her parole revoked should police in Columbia find him or her in possession of up to 1¼ ounces of marijuana.
On Tuesday, Columbia voters approved two marijuana-related ordinances. Proposition 1 allows seriously ill people to possess up to 1¼ ounces of marijuana if they have approval from physicians.
Proposition 2 requires police in the city to refer any marijuana possession involving the same quantity of the controlled substance to Columbia Municipal Court, where offenders will face a maximum fine of $250. Suspects will not be arrested and will only be given summonses to appear in court. Violations of the ordinance will not result in criminal records.
The ordinance strongly encourages that fines be suspended in favor of drug counseling, community service and education.
The ordinance won’t take effect until after Boone County Clerk Wendy Noren certifies the election results in about 1½ weeks.
Until then, Crane said: "If you have an offender who has habitually broken the law, we’ll view that frequent flier differently than the younger, first-time offender. We were already doing that."
"I think" the new Columbia marijuana ordinance "does reduce our ability to address the habitual offender," Crane said.
The fact that people on parole will be effectively immunized from state prosecution doesn’t bother Allen St. Pierre, executive director the National Organization for the Reform of Marijuana Laws Foundation.
"There appears to be a social threshold regarding what triggers a revocation of parole," St. Pierre said. "If you punch someone in the face, for example, you shouldn’t be walking the streets. But if you get caught for a small amount of marijuana … or if you let a parking meter expire, you shouldn’t lose your parole."
The new ordinance won’t affect Crane’s ability to prosecute state law. It does, however, steer cases away from his jurisdiction. That’s because city police are required to follow the ordinance.
Rose Wibbenmeyer, a city prosecutor, fears her already-loaded docket will overflow with the additional marijuana cases.
"I think we’ll see a big increase in the number of cases we’ll be handling," Wibbenmeyer said.
Since Jan. 1, Columbia Municipal Court handled 223 misdemeanor marijuana cases; another 228 misdemeanor marijuana cases were referred to Crane’s jurisdiction in state court by Columbia police, Wibbenmeyer said.
"In the short term, we’re going to figure out where to put these files and when and how and when we’ll deal with" the additional caseload, she said.
"We’re short on people and short on space, given the caseload," Wibbenmeyer said. "I’m routinely borrowing people from" Columbia city attorney Fred Boeckmann, she said.
Wibbenmeyer said the city has budgeted $36,000 a year for part-time lawyers and other staff.
"I’m not sure if" the request for additional help in the 2006 budget "will be for a three-quarter-time prosecutor or full-time," Wibbenmeyer said. "I’ve been working 60 to 65 hours a week, and I don’t have any more time."
Last year, Wibbenmeyer earned $56,349.54, according to city payroll records.
St. Pierre said that steering misdemeanor marijuana cases to municipal court would ultimately save taxpayers money because it’s cheaper for taxpayers to handle cases in municipal court.
Boeckmann said it’s likely that he, Wibbenmeyer and Police Chief Randy Boehm will meet next week to decide how misdemeanor marijuana arrests will be handled when the ordinance takes effect.
Boeckmann said one possibility is to defer prosecution of first-time marijuana offenders. If someone arrested didn’t get another marijuana summons within the year, the original citation would be forgotten.
St. Pierre said Columbia is the first city in the Midwest to approve ordinances that reduce penalties for marijuana use or possession.
Ping-a-roo-ski.
Freedom is on the march.
I live outside of Columbia and I would have voted against it, if I had a choice. It wasn't on the ballot.
Why? I would have voted for it.
And that seems to frighten the pee out of some alleged "conservatives."
They better start building a couple of more lanes on I-70, for the delivery trucks.
"A marijuana delivery truck is less of a concern than a liquor delivery truck."
Have you ever been to Columbia, Mo.?
Oh, I wouldn't worry about it if I were you. This law only covers Columbia -- the adjacent towns won't be affected by the increased drug use, drug dealing, individual pot growing, etc.
That'll all stay in Columbia.
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