Pubdate: Tue, 14 Aug 2012
Source: Springfield News-Leader (MO)
Copyright: 2012 The Springfield News-Leader
Contact: http://getpublished.news-leader.com/Forms/LettersToEditor.php
Website: http://www.news-leader.com/
Details: http://www.mapinc.org/media/1129
Author: Mark E. McCormick

PUBLIC DISCUSSION BEGINS ON WHETHER TO RELAX CITY'S POT LAW

Local efforts to roll back harsh penalties for marijuana possession
reached the public discussion stage Monday night at the Springfield
City Council meeting.

The initiative landed on the council's public agenda via a petition
drive launched in part by Show-Me Cannabis Regulation. It seeks to
reduce the penalty for possession of 35 grams or less of marijuana or
related paraphernalia.

The initiative requests an amendment to an existing ordinance so that
adults are not arrested but face only community service or counseling
for a misdemeanor possession amount of marijuana. The most severe
penalty would be a fine up to $150.

Current punishment can include as many as 180 days in jail and/or a
fine as high as $1,000.

The council will discuss the issue again in two weeks.

Councilman Doug Burlison said in June that if the petition passed, it
"keeps us from having to build new jails every 10 years."

Monday, Amanda Houser said that her husband served 18 months in jail
in Arizona for marijuana possession. During that time, she said, his
mother died and she gave birth to their child alone.

Passing the ordinance, she told the council, could be "one of the most
beneficial decisions you could make."

City Manager Greg Burris said Monday that two parts of the law -
sections dealing with expungement of records and the creation of an
oversight committee - are "facially invalid."

"If this were to pass, the city would have to file suit to have those
elements severed," he said.

In fact, council members questioned Maranda Reynolds, a driving force
behind the bill, why she continued to circulate such a significantly
flawed petition. Only the council raised issues about the dangers of
rolling back penalties; none of the speakers did.

Reynolds said she wasn't aware of the significance of some of the
flaws and upon learning of them, believed legal precedent in Columbia
cases would make those flaws moot.

Two doctors, Gil Mobley and Roy Holand, spoke in favor of easing
penalties.

"The penalty is worse than the drug itself," Mobley said. "Marijuana
is safer than alcohol. I'm not advocating its use, I'm just trying to
put it in some perspective."

He said over time, alcohol can be more harmful than marijuana, as long
as the marijuana is eaten rather than smoked. The high tar content in
marijuana can make it deadly for the lungs.

The council, however, had plenty of other concerns and
questions.

Councilwoman Cindy Rushefsky, a former drug prosecutor, wanted state
prosecutors to have the option of maximum penalties to ward off gang
members who'd come here to peddle the drug.

Rushefsky wanted that option to "deal with dangerous and problematic
people."

Councilman John Rush seemed unimpressed with the bill.

"I'm not sure this does anything but lessen the fine," Rush said
during discussion.

Part of the public already has signed off on the issue.

Springfield City Clerk Brenda Cirtin certified the group's petition
Aug. 2 with 2,132 certified signatures. The office stopped the process
soon after it passed the 2,101 signatures needed for
certification.

The Show-Me Cannabis Regulation group initially fell short about 650
signatures needed for certification. The group managed to scramble for
the signatures before the deadline.

Columbia approved a similar ordinance in 2004.
- ---
MAP posted-by: Matt