Pubdate: Tue, 02 Mar 2004
Source: Southern Illinoisan (IL)
Copyright: 1998-2004 Southern Illinoisan
Contact:  http://www.TheSouthern.com/
Details: http://www.mapinc.org/media/1430
Author: Andrea Kampwerth
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

CITY WILL TRY SOME MARIJUANA CASES IN CITY COURT

CARBONDALE -- Pot smokers who get busted within city limits may have
the chance to help determine their own punishment.

The Carbondale City Council voted 6-1 Tuesday night, with Councilman
Steven Haynes dissenting, to pass an ordinance amendment allowing city
court to try some cannabis and drug paraphernelia possession cases
rather than referring them to the circuit court.

The amendment also allows first-time offenders the option of using the
city's pay-by-mail/community service program rather than going to court.

The ordinance applies only to those in possession of drug
paraphernelia or 10 grams or less of cannabis. Some of those cases may
still be referred to the state's attorney's office.

In his proposal, Mayor Brad Cole said the amendment creates a
"win-win-win" situation. He said the city wins by maintaining its
vigilance against illegal drug activity.

Low-level or first-time offenders tried through the city court benefit
by not having the offense become part of a permanent criminal record,
and by having some options for their penalty. Cole said the ordinance
will also help Jackson County deal with public safety costs by helping
reduce the administrative burden on the court.

State's Attorney Mike Wepsiec said having the city prosecute "user
amount" cases could save time and work load for several segments of
the circuit court -- from the judges to the prosecutors to the public
defenders.

"If Carbondale does it right, it should alleviate the need for testing
at the crime lab, too," he said. "If (defendants) use the pay-by-mail,
they essentially admit they had cannabis, and then (the seized
substance) doesn't have to be sent to the crime lab."

Interim police Chief Steve Odum said officers test suspected
contraband in the field. Such tests, he said, are reasonably accurate.
Field tests also would indicate trace amounts of other substances used
to treat cannabis. Those cases, he said, would likely be referred to
the state's attorney's office and more testing would be mandatory.

Odum said he expects the ordinance to even prosecution and act as a
deterrent.

"Some cases will get disposed of more quickly," he said. "I think
it'll certainly make (possible offenders) think about it more. That's
the deterrent of having an ordinance on the books."

City attorney Deborah Nelson said there were about 100 cannabis
arrests last year in Carbondale that may have been eligible for city
court.

"I don't think this will overwhelm the city court," she
said.

Haynes wasn't available after the meeting, but he expressed
reservations during discussion of the ordinance amendment about the
city addressing the issue of cannabis possession.

The city council was also given the opportunity to review a report on
the Bikeway Network Plan that proposes short-term and long-term
improvements to the existing bike route system. The report is
available online, at city hall or at bicycle shops in Carbondale. The
planning services and engineering staff will accept public comments
until March 17, and the public is encouraged to comment. The council
will consider accepting the report on March 23.

Also Monday, the mayor declared March as Athletic Training Month in
Carbondale. Ronald Wagner, director of the athletic training program
at Southern Illinois University Carbondale, represented the two dozen
athletic trainer students who attended the meeting to receive the
honor from the mayor.

Cole also declared March 28 through May 1 as Carbondale Conversations
for Community Action days in Carbondale. He urged citizens to
participate in the Study Circles program created with the cooperation
of the city council and the Carbondale Human Relations Commission to
address problems and find solutions for the whole Carbondale community.

For more information about CCCA, call Lana Bardo or Sarah Heyer at
(618) 549-5302.

[sidebar]

DETAILS

Options for prosecuting low level drug paraphernelia and cannabis
possession offenders are:

Circuit court may find offenders guilty of a Class B or C misdemeanor.
Fines may run from $1 to $1,500. In addition, the judge may impose a
jail sentence of up to six months on Class B offenders, up to 30 days
for Class C offenders. Conviction leads to a criminal record.

City court trial convictions will see a minimum fine of $250 to $750,
and a substance testing fee of $100. City ordinance violations do not
become part of a state criminal record.

City court administrative remedy lets offenders bypass trial by paying
a fine of $125 or $250 and completing 25 hours of community service
within 45 days. 
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MAP posted-by: Richard Lake