Pubdate: Wed, 24 Oct 2012
Source: Daily News, The (Longview, WA)
Copyright: 2012 The Daily News
Contact:  http://www.tdn.com/
Details: http://www.mapinc.org/media/2621
Author: Tony Lystra

LOCAL AUTHORITIES WARN AGAINST LEGALIZING MARIJUANA

Cowlitz County's top law enforcement officers are speaking out against
a measure on the November ballot that would legalize marijuana
possession, saying the law would give children the wrong idea about
drugs and open the door to legalizing methamphetamine and heroin use.

"Don't be fooled, folks. There are people out there who will advocate
the same arguments for cocaine, heroin, methamphetamine and every
other kind of drug that is out there," Cowlitz County Sheriff Mark
Nelson writes in an open letter to the public that was also endorsed
by Longview Police Chief Jim Duscha, Kelso Police Chief Andy Hamilton,
Castle Rock Police Chief Bob Heuer, Kalama Police Chief Randy Gibson
and Woodland Police Chief Rob Stephenson.

Nelson said in his letter that legalizing marijuana will lead to an
increase in crime and would amount to surrendering the decades-long
war on drugs, which law enforcement officers have fought
"valiantly."

Initiative 502 would make it legal for people 21 and older to possess
small amounts of marijuana and create a legal, regulated and taxed
retail market for marijuana. Recent polls show Washingtonians favoring
legalization by between 5 and 16 percentage points, according to the
Seattle Times.

No other state has passed such a measure. Similar efforts to legalize
pot are on the Colorado and Oregon ballots this fall.

The Washington Association of Sheriff's & Police Chiefs opposes I-502,
but the measure is backed by a former U.S. attorney and the FBI's
former Seattle bureau chief.

I-502 Campaign Director Alison Holcomb said in an interview Tuesday
that marijuana shouldn't be placed in same category as far more
dangerous drugs.

"One of the biggest flaws of U.S. drug policy is to lump all drugs
together and treat them all the same way," said Holcomb, an attorney
who also serves as Drug Policy Director for the American Civil
Liberties Union of Washington. "Marijuana is much, much, much
different than cocaine, heroin and methamphetamine."

It makes more sense, she said, to treat marijuana use the same as
drinking alcohol. "Responsible adults" using marijuana in their homes
are not a public threat and are not worth law enforcement's attention,
she said.

Nelson, however, said alcohol alone causes $185 billion damage
nationwide from crime and other social problems each year. Marijuana
would cause the same amount of trouble were it legalized, he said.

At the core of the debate over I-502 are questions about continuing a
decades long "war" on the marijuana trade and whether there is truly a
public benefit in prosecuting those who use the drug.

Even as he spoke out against the measure late last week, Nelson said
in an interview that the sheriff's office has made a low priority of
arresting people who possess small amounts of marijuana. He said the
number of people his agency arrests on marijuana possession only
charges is "really negligible - it's barely measurable."

"With the personal use (of marijuana), lower-level kind of thing, we
don't have time or resources to be out looking for that," Nelson said.
"We're not necessarily looking for it now. If we find it during the
course of an investigation we will deal with it much the way we would
any other misdemeanor crime."

In fact, the number of misdemeanor marijuana cases in the county fell
29 percent over the past four years, according to Cowlitz District
Court records. If the trend for this year continues, there would be
about 160 marijuana possession cases this year, roughly half as many
as were filed in 2008.

Nelson attributed the declining number of misdemeanor pot cases to law
enforcement officers focusing on other crimes. "All area law
enforcement has to do more with less," he said. "We are not out
looking for the person with dope in their pocket."

Holcomb said it "doesn't make sense" for law enforcement agencies to
take a hands-off approach to possession and use of small amounts of
marijuana and simultaneously oppose its legalization.

"Then why have the law at all?" she asked. "It needs to be taken off
the books."

In his letter, Sheriff Nelson said the "belief that our jails are full
of people arrested on marijuana charges is no more than a made-up
story." Less than one half of 1 percent of the prison and jail
population is incarcerated for marijuana-related crimes, Nelson said.
He also said that many arrested drug users end up being sent to
treatment or counseling.

Since 2008, 1,313 people have been charged in Cowlitz County District
Court with misdemeanor possession of marijuana. Of those, a little
more than half - 706 - were found guilty. District Court administrator
Dee Wirkkala said it's difficult to determine how many of the
defendants faced only marijuana charges or had been charged with other
crimes as well.

Statewide, Holcomb said, about 9,300 misdemeanor marijuana possession
cases were filed annually in 2010 and 2011. Of those, about 3,200 were
convicted each year. Holcomb said eliminating these cases would free
up crowded court dockets and allow prosecutors shift attention to more
important cases involving domestic violence and drunk driving.

"And then there's just the individual consequences from people who get
pushed into the criminal justice system for their personal private use
of marijuana. The reality is that a criminal conviction follows the
person indefinitely and makes it difficult to get jobs (and) rent an
apartment," she said. "There's really no logical basis for
distinguishing between people who use alcohol and use marijuana when
you're talking about the criminal justice system."

One of the Cowlitz County's police chiefs said he is ambivalent about
the legalizing marijuana. Woodland Police Chief Rob Stephenson said he
endorsed Nelson's letter. He also said he is particularly concerned
about a potential clash between state and federal law, which would
still prohibit marijuana use should I-502 pass.

But, he also said regarding legalizing the drug, "To be honest with
you, from a personal standpoint I honestly just don't know."

[sidebar]

Details of I-502

If approved by voters in November, Initiative 502 would legalize
marijuana and regulate its production and distribution. Here's how it
would work.

Only those 21 and older could legally buy and use 1 ounce of dried bud
marijuana, 16 ounces of marijuana-infused product in solid form (such
as brownies and other baked goods) or 72 oz. marijuana-infused
products in liquid form (such as tea).

Marijuana would be sold only through privately owned marijuana-only
stores licensed by the state Liquor Control Board.

A new 25 percent marijuana excise tax would be levied at each point in
the supply chain. Retail sales taxes would apply as well.

The tax revenue would be used for substance-abuse prevention,
research, education and health care.

Laws prohibiting driving under the influence would be amended to
include maximum thresholds for THC blood concentration. THC is the
active ingredient in marijuana.)

Marijuana retailers could only sell marijuana produced in Washington
by liquor control board-licensed growers.

Source: New Approach Washington, the I-502 sponsor.
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