Pubdate: Sat, 19 Mar 2005
Source: Columbia Daily Tribune (MO)
Copyright: 2005 Columbia Daily Tribune
Contact:  http://www.columbiatribune.com/
Details: http://www.mapinc.org/media/91
Note: Prints the street address of LTE writers.
Author: Dan Viets
Referenced: http://www.mapinc.org/drugnews/v05/n335/a10.html

STORY ON CITY MARIJUANA LAW MADE INCORRECT ASSERTION

Editor, the Tribune: The Columbia marijuana ordinances make absolutely no
difference in whether parolees are sent back to prison for marijuana use.
Contrary to the assertion in a Feb. 27 article in the Tribune, it is not
true that a person on parole cannot have his parole revoked because he is
charged under a city ordinance rather than a state law.

When officers find people in possession of small amounts of marijuana,
they routinely check their criminal histories. If the suspect is on
parole, the police officer notifies the parole officer.

As an attorney who often handles such matters, I can attest to the
fact that a parolee may have his or her parole revoked for any
suspected law violation, even if never charged in any court. This
happens routinely because parolees are subjected to random drug
testing while under supervision. Even though they might never be
charged with marijuana possession, a positive drug test for marijuana
places a parolee in definite jeopardy of being sent back to prison.

If the police believe a person in possession of a small amount of
marijuana intends to sell it, they are free to arrest that person on
suspicion of the felony offense of possession with intent to sell. The
new ordinances in no way prevent that.

If, as the Tribune reported, these are the concerns of the Columbia
Police Officers Association, it should understand that it has been
misinformed and that the ordinances do not cause the problems it feared.

Dan Viets

15 N. Tenth St.
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MAP posted-by: Richard Lake