Pubdate: Sat, 25 Jul 2009 Source: Chicago Tribune (IL) Copyright: 2009 Chicago Tribune Company Contact: http://drugsense.org/url/IuiAC7IZ Website: http://www.chicagotribune.com/ Bookmark: http://www.mapinc.org/opinion.htm (Opinion) KIND OF DOPEY Cook County Board President Todd Stroger was surprised this week when an ordinance that would treat marijuana possession much like a traffic offense landed on his desk. Sheriff Tom Dart -- who you'd think would have been consulted on this one -- was taken by surprise, too. The measure would give Dart's officers discretion to issue a $200 ticket instead of making a misdemeanor arrest in cases where the suspect was carrying less than 10 grams of marijuana. Commissioner Earlean Collins, who was distressed that her grandson was busted over "half a joint," introduced the ordinance. Her fellow commissioners obligingly passed it. Stroger, who initially said he "didn't think it's such a great idea," now says he won't veto it. We're not sure who explained to him why it's a good idea after all, but a sheriff's spokesman said Dart's phone did not ring. Cook County will be far from the first place to decriminalize small amounts of pot. Similar laws began popping up in the '70s, and close to one in three Americans now lives in a jurisdiction where officers are allowed to make similar calls. Whether this reflects growing acceptance of marijuana use or a more pragmatic concern for the cost of enforcement, or both, is subject to interpretation. Collins says she was moved not only by her grandson's "mistake" but by the fact that cases like his are clogging the jails. Roughly 9 of every 10 marijuana arrests nationwide are for possession only, and the vast majority of them result in plea bargains or dismissals, calling into question the cost-effectiveness of arresting, jailing and prosecuting small-time users. Governments that have decriminalized such cases report little to no increase in marijuana use -- and significant savings in enforcement. We see the sense in decriminalizing. Lately, though, the liberalization of marijuana laws is being driven by pot's potential as a revenue source. Prosecuting people for possession costs money; fining them brings in cash. In California, where it's legal (and exceedingly easy) to purchase marijuana for "medicinal" purposes, lawmakers are considering whether to tax pot like alcohol or tobacco. The dispensaries that sell marijuana by prescription already pay business and sales taxes, and this week Oakland residents voted to enact the nation's first "cannabis business tax" on those stores. The state's Board of Equalization recently projected that a proposed statewide tax of $50 per ounce would raise $1.4 billion a year. When you're looking at a state budget deficit of more than $26 billion, that's like, wow, man. We're grateful that Illinois leaders haven't smoked enough to fantasize about marijuana as a budget booster. It's an illegal drug, remember? Though there are good arguments in favor of relaxing penalties for casual users, the Collins ordinance poses problems. Sheriff's deputies will have the option to write tickets instead of making arrests, but only in the unincorporated areas of the county. They and other police departments will have no such discretion in the cities and villages. Dart's officers made just 173 misdemeanor pot arrests last year and 150 the year before, and not all of them were in unincorporated areas. So you're thinking, pot parties will flourish in the forest preserves? Some areas of the forest preserves are unincorporated -- but some fall within municipal boundaries. Then again, the forest preserves are patrolled by a separate police force and may not fall under this ordinance at all. If you think this complicates matters for the officers, imagine the confusion for poor Joe Stoner, never quite sure if it's safe to break out the weed. The argument that the jails are overrun by youthful offenders with a roach or two in their pocket doesn't really wash, either. Most people arrested for misdemeanor possession are released after posting $100. So let's be clear. This ordinance will have little impact, beyond giving everyone involved a headache. That's what happens when you do an end run around the sheriff to pass a law inspired by the misadventures of someone's grandson. This ordinance deserved a sober public debate. It didn't get one. - --- MAP posted-by: Richard Lake