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  Concerns Surface About Marijuana Ordinance
Posted by CN Staff on June 11, 2002 at 16:26:26 PT
By Christena T. O'Brien, Leader-Telegram Staff  
Source: Eau Claire Leader-Telegram  

cannabis Karen Trinko is hoping Eau Claire officials don’t create a city ordinance for first-offense marijuana possession. “I think it’s a very serious issue … for due process,” said Trinko of 1207 S. Dewey St.

Trinko, addressing the City Council Monday night, said using a city ordinance to charge someone for a marijuana violation would eliminate the opportunity for an indigent person to have court-appointed legal counsel.

She said she also believed the change would sends the message that an incident involving the drug isn’t as serious if charged as a city ordinance violation.

The council was scheduled to act on a proposal today that creates ordinances allowing city prosecutors to handle marijuana possession, property damage, retail theft and trespassing cases in certain circumstances.

For example, the ordinance regarding marijuana would allow the city to prosecute first-time offenders possessing 25 grams of the drug or less, Assistant City Attorney Lucie Usher said.

The proposals do not replace criminal statutes, Usher told the council. Instead, they give police and prosecutors more charging options, meaning someone could be charged criminally for a first-time marijuana offense if circumstances warrant.

Berlye Middleton, one of the 11 council members, was concerned about the potential abuse of discretionary power by those issuing charges.

Discretion is part of the present system, City Attorney Stephen Nick said. For example, first-time offenders charged criminally under the present system sometimes get the charge reduced to a noncriminal county disorderly conduct violation.

Council member Terry Sheridan also expressed concern that approving the new ordinance would generate additional work for city prosecutors.

Sheridan, in another matter, asked that the council consider allocating $10,000 in federal community development block grant funds to Longfellow School for new playground equipment and an additional $2,300 for the Eau Claire Area Hmong Mutual Assistance Association toward a bilingual housing coordinator.

The Hmong Association had requested $39,000 in block grant funding, but a review committee recommended an allocation of $14,000 for 2002.

The city again received more requests than funds, Housing Authority Director Carol Doyle said.

If the council approves the recommendations today, they will be forwarded to the U.S. Department of Housing and Urban Development for final approval.

In another matter, five residents addressed the council Monday, asking to receive council agenda information earlier to allow for more discussion before the meeting.

Earlier notice would give council members a chance to better prepare themselves on issues, possibly by giving them more time to survey constituents or request statistics from city officials on key items, said Ken Fulgione of 330 Lincoln Ave. It also would give interested residents more time to get involved.

The council is scheduled to take no action on this matter at its legislative session today.

Complete Title: Concerns Surface About Marijuana Ordinance Proposal

Source: Eau Claire Leader-Telegram (WI)
Author: Christena T. O'Brien, Leader-Telegram Staff
Published: June 11, 2002
Copyright: 2002 Eau Claire Press
Contact: leadertelegram@ecol.net
Website: http://www.leadertelegram.com/

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