Pubdate: Thu, 10 Mar 2016
Source: Orlando Sentinel (FL)
Copyright: 2016 Orlando Sentinel
Contact:  http://www.orlandosentinel.com/
Details: http://www.mapinc.org/media/325
Note: Rarely prints out-of-state LTEs.

DRUG POLICY GETS SMARTER IN VOLUSIA

You don't have to condone illegal drug use to recognize that it makes 
no sense to brand someone a criminal for possession of less than an 
ounce of marijuana. Especially if the offender is a young person, the 
resulting arrest and criminal record could be a barrier to future 
success in life.

Such concerns motivated Volusia County Council member Joshua Wagner 
to champion an ordinance that decriminalizes getting caught with a 
small amount of marijuana. So instead of an arrest, court appearance 
and hefty fine or possible jail time, the penalty for possession of 
20 grams (0.7 ounces) or less of marijuana in unincorporated Volusia 
will now usually result in a $100 fine, but no criminal record. The 
ordinance takes effect in April.

Wagner thought the measure might be more controversial than it proved 
to be. He got only one negative comment. "I think the community is 
saying this is what we want, and the government is [lagging] behind," 
Wagner told the Orlando Sentinel.

Polls in Florida and elsewhere seem to confirm his view. In fact, in 
a recent nationwide Gallup poll, 58 percent of respondents favored 
legalizing marijuana. That is a debate for another time. 
Decriminalizing possession of small amounts of marijuana falls far 
short of legalization.

Under the Volusia ordinance, marijuana use isn't being promoted or 
excused. Most people would consider a $100 fine as punitive. The 
ordinance also grants law-enforcement officers discretion in how they 
handle an offense. If a violator is unruly or uncooperative, the 
charge could be bumped up to a misdemeanor crime. Then, the 
punishment would likely be more severe.

One confusing element is exactly where the ordinance applies. Cities 
in Volusia County operate under different ordinances, but the county 
patrols the beaches. So being caught with a marijuana cigarette on 
the sand would likely be a civil infraction, but step over the sea 
wall in Daytona Beach, for example, and it could become a criminal offense.

This isn't the first such ordinance in the state. Similar laws exist 
in Miami-Dade, Palm Beach and Broward counties, and in the cities of 
Miami Beach, Hallandale Beach, Key West and West Palm Beach. A 
similar ordinance in Tampa is awaiting a final reading before it 
becomes law, and a few other cities and counties are considering such measures.

Missing from the debate are Central Florida communities. Orange 
County government has no plans to take up the issue, according to a 
spokesperson. Orlando Mayor Buddy Dyer has directed city staff to 
research the pros and cons of such an ordinance, though no date has 
been set for a decision, a spokesperson said.

Despite decades of strict enforcement and harsh punishment, illegal 
drug use in on the rise in the United States. In particular, 
marijuana use is up by more than a third since 2007. It is 
increasingly common for teenagers to experiment with marijuana, and 
while there is risk involved, most go on to become productive adults. 
A marijuana arrest and conviction, however, can derail a young life.

Tampa Police Chief Eric Ward understands the tradeoff and supports 
his city's proposed ordinance. "There's no need for someone to get 
involved with the criminal justice system when they make a bad 
decision involving a small amount of marijuana," Ward told the 
Orlando Sentinel.

The Volusia County Council and other city and county governments that 
have faced the issue head on should be commended for bringing 
compassion and common sense to drug enforcement. Decriminalizing 
possession of a few marijuana cigarettes doesn't promote drug use. It 
promotes a second chance for those who make a mistake.
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MAP posted-by: Jay Bergstrom