Pubdate: Wed, 07 Sep 2005
Source: Lawrence Journal-World (KS)
Copyright: 2005 The Lawrence Journal-World
Contact: http://www.ljworld.com/site/submit_letter
Website: http://www.ljworld.com/
Details: http://www.mapinc.org/media/1075
Author: Chad Lawthorn
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

COMMISSIONERS DISCUSS DRUG PROPOSAL

Marijuana Possession Cases Could Land In Municipal Court

Lawrence police officers shouldn't decrease their efforts to find
marijuana users, a majority of city commissioners said Tuesday night.

Commissioners did direct staff members to research a proposal by the
Lawrence-based Kansas Drug Policy Forum that would allow people
charged with marijuana possession to be prosecuted in Municipal Court
rather than Douglas County District Court. But three commissioners
said they had concerns about a second part of the proposal that would
direct Lawrence police officers to make marijuana possession a low
enforcement priority.

"This should never be a low priority because it is illegal," said City
Commissioner Mike Amyx.

Commissioners Sue Hack and David Schauner also said it was unlikely
that they would be able to support that part of the proposal.

Laura Green, executive director of the Drug Policy Forum of Kansas,
said she was pleased with the commission's willingness to consider
moving prosecution of marijuana possession to Municipal Court. But the
issue of making the offense a lower enforcement priority, she said,
has not yet been well understood.

"There is a misconception that low priority will mean no enforcement,
or that people will feel comfortable smoking (marijuana) on our
streets," Green said. "That is just not the case."

Green said she wanted the city to create a policy of making marijuana
possession a low enforcement priority because she believes it would
free up police officers to more aggressively seek out harder drug
users and drug dealers.

Moving cases to Municipal Court instead of having them heard in
District Court should be quicker and more cost-effective, Green said.
By moving the cases to Municipal Court, it also would not subject
students who are convicted of marijuana possession to provisions of
the federal Higher Education Act, which allows students to lose their
federal student aid for a year after a first-time conviction of
marijuana possession. All other penalties related to marijuana
possession would remain unchanged from what currently are levied in
District Court.

All five commissioners said they were willing to consider moving the
cases to Municipal Court. Two commissioners - Mayor Boog Highberger
and Commissioner Mike Rundle - strongly supported the idea.

"Moving it to Municipal Court makes a lot of sense," Highberger said.
"I think the effect of the Higher Education Act is just too harsh. It
is not three strikes and you are out. It is one strike and you are
out."

After the meeting, Green did clarify the law and conceded a conviction
does not entirely ban students from financial aid. The law allows
first-time offenders to continue receiving financial aid if they go
through a government-approved drug treatment program that includes two
random drug tests. Green, though, said the government standards made
such programs expensive and difficult to find.

Commissioners directed staff members to research what other cities do
with marijuana laws and cost issues related to moving the cases to
Municipal Court.
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MAP posted-by: Derek