Pubdate: Fri, 27 May 2005
Source: Columbia Missourian (MO)
Copyright: 2005 Columbia Missourian
Contact:  http://www.columbiamissourian.com/
Details: http://www.mapinc.org/media/2282
Author: Ken Sweet
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

DEAL SOUGHT FOR POT LAW

A Compromise Aims At Prosecuting Repeat And Dual Offenders

Although the marijuana ordinance has sparked bitter debate between the 
police who want to see it repealed and the voters who passed it, the two 
sides may soon reach a compromise on the issue.

Proposition 2, which passed in November's election, has come under attack 
by prosecutors and police officers because it allows offenders in 
possession of less than 35 grams of marijuana not to be prosecuted. 
However, attorneys and police officers said a compromise to the ordinance 
has been in the works for the last couple of weeks to limit the law under 
certain circumstances.

Under the current version, violators in possession of 35 grams or less of 
marijuana cannot be fined more than $250 - the equivalent of a traffic ticket.

The basic idea for a compromise would include prosecuting offenders for 
marijuana possession who commit other crimes simultaneously. The compromise 
would also address the issue of offenders with a prior criminal history.

"The main issue is treating the appropriate offender appropriately," said 
Boone County Prosecutor Kevin Crane.

Columbia Police Officer Sterling Infield, president of the Columbia Police 
Officers Association, said his organization supports the compromise as long 
as discussions continue.

"This way, we can come to a mutual compromise and resolution for both 
parties," Infield said. "But, we haven't come to agreement yet."

The marijuana ordinance was rejected by voters in 2003 but passed last fall.

Infield said a compromise is necessary to resolve the issue.

"Every year it goes back and forth," Infield said. "We don't want to see 
that happen."

Attorney Dan Viets, a board member of the National Organization for the 
Reform of Marijuana Laws, said although he would like to see the law stay 
the way it is, a compromise might be the best idea. Viets is also a member 
of the Columbia Alliance for Patients and Education, which sponsored the 
passage of Proposition 2.

"Our organization is willing to make some compromises so to avoid another 
election," Viets said. "If it did get repealed, we would be back next 
election to get this back on the books."

Crane said the main problem with the current law is that county and city 
officials are unable to prosecute each case separately.

"Basically, anyone, regardless of their criminal history, are not being 
prosecuted for their first offense," Crane said.

Before the ordinance passed, county officials and police officers were 
making distinctions between offenders based on the offender's criminal 
history, Crane said.

Before a formal revision can be made to the law, Infield said the revised 
law would have to go in front of City Council. However, there are only 
discussions being made on the law, and there is no timetable for when city 
officials would address the issue.

Infield said until then, CPOA will continue its petition drive at 
Providence Road and Broadway to repeal the ordinance. Infield said CPOA 
needs 2,900 signatures to get it on the ballot. He said he does not know 
the exact number of signatures it has at this time.

Infield also said there was no specific date a repeal proposition would go 
to the voters, but the earliest election date might be this November or 
April 2006.

A portion of this report first aired Thursday during "ABC 17 News at 10."
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MAP posted-by: Beth