Pubdate: Sat, 01 Dec 2001
Source: Salt Lake Tribune (UT)
Copyright: 2001 The Salt Lake Tribune
Contact:  http://www.sltrib.com/
Details: http://www.mapinc.org/media/383
Author: Joe Baird
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

SMALL TOWN'S LENIENT NEW POT LAW MAY GO UP IN SMOKE

Big Water Councilman Willie Marshall thought it no big deal when he 
proposed an ordinance last week that essentially decriminalizes the 
possession of small amounts of marijuana.

He concluded it was even less of an issue when the council voted 
unanimously to pass the measure.

But Big Water, a town of 400 people 60 miles east of Kanab near the Arizona 
border, is now in hot water. Kane County Attorney Eric Lind says the town's 
new statute violates state law, and has fired off a warning letter to the 
council.

"The ordinance clearly tries to minimize or abolish the penalties 
prescribed by the Legislature, and that is obviously a concern," Lind said 
Friday.

According to state law, possession of marijuana is a class B misdemeanor, 
punishable by a fine and up to 6 months in jail.

But under the new Big Water ordinance, those found in possession of less 
than an ounce of marijuana face only a fine of $10, and $5 for drug 
paraphernalia. And defendants may make a plea-in-abeyance agreement, 
allowing the charge to be dismissed if they abide by the plea conditions.

Marshall, who will become Big Water's mayor in January, calls himself a 
libertarian who believes people are responsible for their own actions. He 
considers the ordinance a common-sense measure.

"I didn't do this to make the cover of High Times; I did it because it's 
the right thing to do," Marshall said. "The way the law is now, you can 
lose your driver's license. You can be barred from serving in the military 
or receiving student loans. The punishment is ridiculously out of 
proportion to the crime. We think this punishment does fit the proportion 
of the crime."

But other members of the five-person council are having second thoughts.

Acting Mayor Raymond Rankin, a voting member of the council, said Friday 
that the ordinance was presented last week without being properly posted. 
He called council approval of the statute a mistake, and hopes it can be 
repealed.

"I was unappreciative of the way it was brought to the council because of 
the way it was just kind of slipped in," Rankin said. "The council, 
including myself, went ahead and passed it. But we didn't have enough time 
to consider it and whether it was constitutional. Apparently it is not."

But Marshall maintains he did everything by the book, and is surprised by 
the controversy that has erupted.

"It may have come as a surprise to them, but it was posted properly," he 
said. "The council could have waited, but we had a vote and it passed 
overwhelmingly. If they want to repeal it, they can try. But what they 
ought to do is put in on a ballot and let the whole town vote. The town 
would vote to keep it."

Lind says the ordinance fails to pass Utah's constitutional muster because 
it restricts prosecutorial discretion and it conflicts with existing state law.

"I hope they'll reconsider it," said Lind.

For now, at least, the Utah Attorney General's Office is taking a hands-off 
approach.

"They've asked for help in terms of advice and research and we've offered 
it to them," said spokesman Paul Murphy. "This is something Kane County has 
to deal with right now, but if an elected official asks us to step in and 
look at it, we will."

Marshall, who says he sought an attorney's advice in crafting the 
ordinance, shrugged off the warnings.

"I don't see any reason to repeal this because there have been no 
problems," he said.

"Big Water is not going to hell in a handcart. The world hasn't come to an 
end. I haven't seen anybody smoking marijuana out in the streets. It's all 
kind of amusing that people are so upset about it."
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MAP posted-by: Terry Liittschwager