Pubdate: Mon, 28 Sep 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10

COUNCIL POT LAW A SOLUTION IN NEED OF A REAL PROBLEM

Five Albuquerque city councilors say they don't want people going to 
go to jail for having less than an ounce of marijuana. And that 
argument - which prevailed last Monday night and resulted in 
legislation destined for a mayoral veto - would have more street cred 
if police officers were actually busy with, and jail cells were 
actually full of, good-natured, nonviolent, recreational stoners. But 
they aren't. Albuquerque Police Department spokesman Tanner Tixier 
says "in my experience, officers very rarely arrest for possession 
under an ounce, if that is the only charge. Typically if an arrest is 
made, it's dependent upon the offender's attitude. But the argument 
that we are consistently arresting people with a joint isn't accurate."

Metropolitan Court checked and found that in a year's time it handled 
fewer than 200 cases. And Nataura Powdrell, spokeswoman for the 
Metropolitan Detention Center, found just "30 people in the last year 
who were booked on the possession of marijuana (1 ounce or less) 
charge without a warrant or probation violation."

So what we have here is a solution in search of a problem. Or a few 
politicians in search of some pandering. Isaac Benton and Rey Garduno 
sponsored the legislation, and fellow Democrats Ken Sanchez, Diane 
Gibson and Klarissa Pena voted with them. Garduno says "the community 
wants to make sure we don't criminalize youth, especially, but anyone 
with a small amount of marijuana." And Benton says a minor drug 
conviction "can change lives." So can empty promises that encourage 
bad decisions. In Santa Fe, where there's the option of using a new 
city ordinance and handing folks with a small amount of pot a $25 
civil fine citation, police officers have stuck with the state law, 
which can include up to 15 days in jail and fines up to $100 as a 
criminal petty misdemeanor.

Albuquerque officers would have that option as well because there is 
an existing state law. So there is no guarantee the council proposal 
would do anything to keep the records of the Duke City's recreational 
tokers clean.

Ditto for keeping a job. Benton, Garduno et al. seem to have little 
consideration as to how effectively legalizing a little pot fits with 
the metro area's many workplaces that require drug-free employees.

In addition, how does essentially legalizing a little pot play in a 
state with a horrific drunken driving problem?

Then there's a constitutional question of whether a municipality can 
enact lower penalties than those in state and federal law for 
offenses such as drug possession - get the checkbook ready for 
another expensive legal fight.

Not to mention that assigning an inconsequential risk to pot 
possession makes it all the more worthwhile for dealers to set up 
shop here - look across the state line at Colorado, where the retail 
price for legalized recreational pot is double that sold for medical use.

There are many consequences of decriminalization. If it is to happen, 
it should be after thorough debate at the state or federal level.

Mayor Berry can and should veto this legislation.
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MAP posted-by: Jay Bergstrom