Pubdate: Wed, 11 Nov 2015
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2015 Sun-Sentinel Company
Contact: http://www.sun-sentinel.com/sfl-letters-to-the-editor-htmlstory.html
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Brittany Wallman

BROWARD REDUCES PENALTY FOR POT POSSESSION

Civil Citations Can Replace Criminal Arrest, County Says

Pot smokers busted by cops in Broward County with a joint or a baggy 
of marijuana could walk away with a civil fine and a clean criminal record.

Broward commissioners voted unanimously Tuesday to create a lighter 
penalty for small-time possessors of marijuana. The county can't 
decriminalize an illegal drug, and police officers still have the 
option to treat the offense as a misdemeanor crime.

But commissioners lamented the lives they say have been ruined by 
arrest or jailing on what they consider a minor infraction. Twenty 
states have decriminalized marijuana under certain circumstances, and 
voters in Broward overwhelmingly supported legalization of medical 
marijuana when it hit the Florida ballot, but failed, last year.

Broward Commissioner Marty Kiar, who sponsored the legal change, said 
he's never smoked pot in his life, and doesn't think anyone should. 
But he said the civil citation option would save money by keeping 
people out of jails, and allow struggling people to avoid the 
complications that accompany an arrest record.

"It will change people's lives," agreed Bernard Cantor, a retired 
doctor who said he's seen "many who suffered consequences of the war on drugs."

"I don't think this is a crime that should ever end up with somebody 
in jail," Commissioner Beam Furr said. "I just think we've been on 
the wrong track for a long time."

Under what was approved Tuesday, a person would be eligible for a 
civil citation instead of a misdemeanor arrest if the amount of drug 
is 20 grams or less, and the person didn't also commit a crime of 
domestic or other violence, driving under the influence, or a felony.

The pot-ticket option would be available to a person only three 
times; after that, it could only be treated as a crime. Fines would 
escalate from $100, to $250, to $500. On the third offense, the 
person would be screened for a drug problem and treated or educated 
if necessary.

Discretion on how to handle offenders will remain with law 
enforcement, and a person could still be arrested for possessing a 
joint. Also, any Broward city could vote to opt out.

Miami-Dade County commissioners have already passed a similar law. 
Palm Beach County commissioners put a vote on hold until December, 
after the sheriff there raised concerns.

In Broward, the sheriff and the state attorney endorse this route, to 
keep small-time pot smokers out of jail and allow them to fill out 
job applications for the rest of their lives without telling anyone 
they were caught with an illegal drug. The civil citation would not 
be an "arrest' - it would be more like a speeding ticket.

Still, a lineup of speakers in the substance abuse field urged 
caution and successfully argued for the drug-addiction assessment and 
subsequent drug education and treatment.

Garry Smyth, who deals with drug and alcohol addicts, was among those 
worried about the message that would be sent to young people, who are 
taught to reject illegal drugs. Smyth held up a doctored version of 
the Sun Sentinel, with a photo of the County Commission and the 
headline "County Commission says it's OK to smoke pot."

In other action, Broward County commissioners:

HUMAN TRAFFICKING: Voted to draft a law allowing the county to 
enforce with fines a new state law requiring postings of human 
trafficking public awareness signs throughout specified areas. The 
law, which takes effect in January, requires the state Department of 
Transportation to post awareness signs in rest areas, welcome 
centers, railroad centers and airports. The signs, containing a 
hotline number, must also be posted in hospitals, strip clubs and 
massage parlors.

LIBRARY LAND: Gave property at 6600 Sunset Strip back to the city of 
Sunrise. It was originally a site for a new library but was 
determined to be too small.

WEST SIDE SCHOOL: Voted in favor of suing the landlord of the 
Historical Commission Building in Fort Lauderdale. Officials say the 
historic West Side Grade School building is unusable after flooding problems.

CLIMATE CHANGE: Set a Dec. 8 public hearing to consider five 
amendments to the Broward County Comprehensive Plan refining the 
process for designating "Adaptation Action Areas." Broward was the 
first county in Florida to include the areas - low-lying coastal 
zones subject to flooding and vulnerable to sea level rise - in 
planning documents. The county can designate action areas, then 
consider policies there to plan for high tides, storm surge, flash 
floods, stormwater runoff and other impacts of sea-level rise.

SEA LEVEL RISE: Adopted new projections for sea level rise, 
anticipating six to 10 inches by 2030, and 14 to 26 inches by 2060, 
above the 1992 sea level. For longer term, sea level rise by 2100 is 
expected to be 31 to 61 inches. For "high risk critical 
infrastructure" projects that will last more than 50 years, the 
county will use a projection of 34 inches in 2060 and 81inches in 2100.

BEACH RENOURISHMENT: Gave approvals for the "Segment II" longawaited 
beach renourishment project, accepting that the feds will pay 55 
percent, and of the remaining share, the state will pay 25 percent, 
and local government the rest. The county pays the highest local 
share, at 67 percent. Of the city portion, Fort Lauderdale pays a 
little more than 72 percent, Pompano Beach 22 percent and 
Lauderdale-by-the-Sea a little more than 5 percent. Fort Lauderdale 
has not signed the agreement, though, and county officials will meet 
with city officials about it Thursday, to attempt to avoid a delay. 
The work must be done before sea turtle nesting season begins again in March.
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MAP posted-by: Jay Bergstrom