Pubdate: Tue, 03 Feb 2009
Source: State Journal-Register (IL)
Copyright: 2009 The State Journal-Register
Contact:  http://www.sj-r.com/
Details: http://www.mapinc.org/media/425
Author: Deana Poole, The State Journal-Register
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

CITY ALTERS PROSECUTION OF CERTAIN MARIJUANA, DRUG OFFENSES

Possession Of Less Than 2.5 Grams Can Be Ordinance Violation

Getting caught with a small amount of marijuana or drug paraphernalia in
Springfield won't automatically result in a criminal record anymore.

The Springfield City Council on Tuesday voted 7-3 to allow some offenses,
including possession of marijuana less than 2.5 grams, to be prosecuted as
ordinance violations instead of crimes.

Springfield will join other cities, including Joliet, Aurora, Bloomington,
Champaign and Urbana, that give police officers the discretion to decide
how certain offenses are handled.

Ward 2 Ald. Gail Simpson, who sponsored the ordinance, said her proposal
originally began as a way to generate money for the city, which faces a
$12.5 million budget shortfall.

"I feel certain it's going to generate additional revenues that we need,"
Simpson said after the meeting. "It's going to be good for those
individuals who do silly things and get in trouble, but they're not going
to be stigmatized."

Also under the proposal approved Tuesday, minors who are cited for
possessing tobacco would face a minimum fine of $300. Selling tobacco to a
minor, under the city code, would result in a $500 fine.

Someone who receives a citation for such an ordinance violation would
receive a notice to appear and would have to pay a fine to the city.

The city attorney's office noted that other offenses in Springfield
already can be prosecuted as either ordinance violations or criminal
offenses. Among them are vandalism, disorderly conduct, solicitation of a
prostitute and underage drinking.

Asked what he thought about the proposal, Sangamon County State's Attorney
John Schmidt said his office handles 2,000 to 3,200 misdemeanor cases a
year.

"Anything that lightens that load is a good thing," he said.

Springfield Police Chief Ralph Caldwell said Commander Bob Markovic
researched the matter and found five comparable cities.

"They all love it," Caldwell said.

"I was skeptical," he added. "I thought they're going to tell us horrible
stories. They all came back saying it works wonders."

Caldwell said the circumstances surrounding an offense will determine
whether a person is given a city citation or is charged with a crime.
Known repeat offenders will be charged as criminals, he said, as will
those facing multiple charges.

"There are some individuals who don't deserve a break," Caldwell said.
"They won't get a break. We'll just put the handcuffs and take them to
Sangamon County Jail no matter what level of marijuana they have on them.

"If it's just somebody that appears to just have made a mistake, and we
have a chance to give them a break, we'll take them to the city ordinance
side of the house," Caldwell said.

Ward 10 Ald. Tim Griffin, who voted no, said he was concerned about the
discretion officers would be given.

"If we start advertising 'at the discretion,' next thing we know it's
discriminatory because this guy got a ticket and I went to jail," he said.
"I think we're going down a path we probably don't need to go."

In addition to Griffin, Alds. Steven Dove and Kris Theilen voted against
the proposal.

Dove noted that a minor caught smoking a cigarette in the city would face
a minimum fine of $300, but the minimum is only $50 for a minor caught
with a six-pack of beer.

Ward 5 Ald. Sam Cahnman said there's no reason why someone caught with
less than 2.5 grams of marijuana should have a criminal record

"I think this is a good ordinance," he said. "I think the police are smart
enough they can exercise their discretion wisely."

The Springfield City Council Tuesday also:

Rejected, 6-4, a proposal to bar Mayor Tim Davlin from hiring any
additional employees without prior approval by the council. The proposed
hiring freeze wouldn't have included police officers or firefighters.

Debated a proposed city telecommunications tax increase at length, but
then returned it to committee.

A special city council meeting was scheduled for next Tuesday to discuss
the proposed budget for the fiscal year that starts March 1. Budget talks
will begin after the finance and public works committee meetings, which
begin at 5:15 p.m.
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MAP posted-by: Doug