Pubdate: Tue, 10 May 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.
Author: Jeff Weiner

ORLANDO APPROVES CITATIONS FOR MARIJUANA

Orlando on Monday became the latest Florida municipality and the 
first city in Central Florida to effectively decriminalize small 
amounts of marijuana, passing an ordinance that will allow officers 
to issue citations rather than make arrests.

The controversial measure, which was supported by Mayor Buddy Dyer 
and Orlando police Chief John Mina, was approved by the City Council 
on a 4-3 vote. It will take effect Oct. 1. The measure was opposed by 
the two former police officers on the council, Tony Ortiz and Samuel 
Ings, as well as Commissioner Jim Gray. The ordinance passed both 
public readings by the same slim margin.

"We have no data that proves that this legislation is going to work . 
. Come on, people, we are a progressive city, but we need to be 
responsible," said Ortiz, who argued the measure has not been 
sufficiently studied.

Added Gray: "Like it or not, agree or disagree, marijuana is against 
federal law and it's not the purview of this council to try to modify 
that, in my opinion . ... We can't change the law, so we're trying to 
change the penalty."

Commissioners Patty Sheehan and Regina Hill supported the measure at 
both public hearings. Sheehan said voting yes was "the right thing to 
do, because it helps people get their lives back together . ... Drug 
charges stay with people forever."

Said Hill: "This is not just an issue for the city of Orlando but, 
hopefully, this will be implemented throughout the nation."

In the month between the two votes, the ordinance was changed by city 
staff in order to answer concerns of some skeptics, including 
Commissioner Robert Stuart, before the first vote in April.

The ordinance would give Orlando officers the option to issue 
citations, akin to a ticket, rather than make arrests. Despite his 
reservations, Stuart voted yes both times, but argued the originally 
proposed $50 fine for first offenders was too low.

The revised version of the ordinance calls for a $100 fine for 
first-time offenders and a $200 fine for a second offense. Any 
subsequent offenses would require a court appearance, as well as a 
possible fine as high as $500.

Also new: The city plans to create a diversion program, similar to 
the one that exists in criminal courts, which would allow those 
ticketed to opt for eight hours of community service or substance 
abuse education, rather than a fine.

Dyer revealed Monday that timeshare mogul David Siegel offered to 
help fund the substance abuse program. Siegel became a prominent 
voice on drug abuse after his daughter's June 6 death from a mix of 
prescription medicines.

However, Siegel remains critical of Orlando's ordinance. He argued 
that even a $100 fine isn't enough of a deterrent. Offenders will opt 
to pay that, rather than submit to treatment, he said.

"I would prefer [it] to be a much stiffer fine," Siegel said. "These 
kids are walking around with a lot of money in their pockets."

In studying the issue since his daughter's death, Siegel said he's 
been convinced that marijuana is a gateway drug for many young people.

"We've got to send a message to these kids that marijuana is a 
terrible thing for them to use," he said.

Revenue from those who opt to pay the fine would also be used to fund 
substance-abuse education, Assistant City Attorney Kyle Shephard said.

The ordinance only applies to minor possession cases: 20 grams (about 
two thirds of an ounce) or less. It also applies to marijuana 
paraphernalia cases.

Decriminalization advocates say arrests for minor pot possession 
waste the time of police and courts and brands low-level offenders 
with a permanent record, with minorities and young people 
disproportionately affected.

"By freeing up the criminal justice system, we are able to address 
our real public safety challenges in Orlando ... and reinvest into 
public-health programs," said Korey Wheeler of Organize Now, an 
activist group that pushed for the ordinance.

Said Chardo Richardson, president of the ACLU of Central Florida: 
"Our drug laws and policies need to be significantly reworked and 
this ordinance is a step in that direction."

Though few spoke at Monday's meeting, critics say decriminalization 
is a slippery slope toward full legalization and sends the wrong 
message to young people. Some also argue that Orlando's ordinance 
gives officers too much discretion.

Orlando joins a growing list of cities and counties across the state, 
including Tampa and Volusia County in March, to approve similar 
measures. Orange County Mayor Teresa Jacobs recently asked the 
county's public-safety council to study the issue.

Mina has stressed that possession remains a misdemeanor under state 
law. Officers will still have the option to arrest, for example, if a 
more serious crime is suspected or if the suspect has a history with 
narcotics or dealing drugs, he said.
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MAP posted-by: Jay Bergstrom