cannabisnews.com: Small Towns Lenient New Pot Law May Go Up in Smoke Small Towns Lenient New Pot Law May Go Up in Smoke Posted by FoM on December 01, 2001 at 08:03:39 PT By Joe Baird, The Salt Lake Tribune Source: Salt Lake Tribune Big Water Councilman Willie Marshall thought it no big deal when he proposed an ordinance last week that essentially decriminalizes the possession of small amounts of marijuana. He concluded it was even less of an issue when the council voted unanimously to pass the measure. But Big Water, a town of 400 people 60 miles east of Kanab near the Arizona border, is now in hot water. Kane County Attorney Eric Lind says the town's new statute violates state law, and has fired off a warning letter to the council. "The ordinance clearly tries to minimize or abolish the penalties prescribed by the Legislature, and that is obviously a concern," Lind said Friday. According to state law, possession of marijuana is a class B misdemeanor, punishable by a fine and up to 6 months in jail. But under the new Big Water ordinance, those found in possession of less than an ounce of marijuana face only a fine of $10, and $5 for drug paraphernalia. And defendants may make a plea-in-abeyance agreement, allowing the charge to be dismissed if they abide by the plea conditions. Marshall, who will become Big Water's mayor in January, calls himself a libertarian who believes people are responsible for their own actions. He considers the ordinance a common-sense measure. "I didn't do this to make the cover of High Times; I did it because it's the right thing to do," Marshall said. "The way the law is now, you can lose your driver's license. You can be barred from serving in the military or receiving student loans. The punishment is ridiculously out of proportion to the crime. We think this punishment does fit the proportion of the crime." But other members of the five- person council are having second thoughts. Acting Mayor Raymond Rankin, a voting member of the council, said Friday that the ordinance was presented last week without being properly posted. He called council approval of the statute a mistake, and hopes it can be repealed. "I was unappreciative of the way it was brought to the council because of the way it was just kind of slipped in," Rankin said. "The council, including myself, went ahead and passed it. But we didn't have enough time to consider it and whether it was constitutional. Apparently it is not." But Marshall maintains he did everything by the book, and is surprised by the controversy that has erupted. "It may have come as a surprise to them, but it was posted properly," he said. "The council could have waited, but we had a vote and it passed overwhelmingly. If they want to repeal it, they can try. But what they ought to do is put in on a ballot and let the whole town vote. The town would vote to keep it." Lind says the ordinance fails to pass Utah's constitutional muster because it restricts prosecutorial discretion and it conflicts with existing state law. "I hope they'll reconsider it," said Lind. For now, at least, the Utah Attorney General's Office is taking a hands-off approach. "They've asked for help in terms of advice and research and we've offered it to them," said spokesman Paul Murphy. "This is something Kane County has to deal with right now, but if an elected official asks us to step in and look at it, we will." Marshall, who says he sought an attorney's advice in crafting the ordinance, shrugged off the warnings. "I don't see any reason to repeal this because there have been no problems," he said. "Big Water is not going to hell in a handcart. The world hasn't come to an end. I haven't seen anybody smoking marijuana out in the streets. It's all kind of amusing that people are so upset about it." Source: Salt Lake Tribune (UT)Author: Joe Baird, The Salt Lake Tribune Published: Saturday, December 1, 2001Copyright: 2001 The Salt Lake TribuneContact: letters sltrib.comWebsite: http://www.sltrib.com/ CannabisNews - Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml Home Comment Email Register Recent Comments Help Comment #7 posted by isobar on December 04, 2001 at 17:44:53 PT: didn't know what you were voting on? We need more people like those in big water. For the more stupid ones, like the councile members that said they didn't have enough time to realy get a good look at what they were voting on, doesn't make much sense to me. I guess that why Bill Clinton (The do nothing pres.) was voted in for two terms. I make sure I know what or who I am voting for before I vote. Marshel: you keep up the good work, and maybe one day there will be true justice in our nation's Marajuana laws. [ Post Comment ] Comment #6 posted by greenfox on December 03, 2001 at 07:36:25 PT People... should write this city and support what is going on. The only way the pols won't back down is if they think they can generate enough GOOD attention to get re-elected. Show them that this is a no-brainer! Call today!-gf [ Post Comment ] Comment #5 posted by i420 on December 02, 2001 at 00:50:29 PT Freedom rings.... Sweeeeeeeeeeeeeeeet !!! Kane County Attorney Eric Lind says the town's new statute violates state law, and has fired off a warning letter to the council. This guy oughta get his head out of the sand and smell the roses....If other cities like Ann Arbor and Reno can do this then why can't Big Water ??? [ Post Comment ] Comment #4 posted by military officer guy on December 01, 2001 at 19:04:53 PT libertarian that's what happens when you put a libertarian in office...things get done...so if you read this page, and you support legalization, go to http://www.lp.org and find out more about our platform...this is awesome...we can win this war... [ Post Comment ] Comment #3 posted by The GCW on December 01, 2001 at 12:06:35 PT That wall... is coming down! ...the council voted unanimously to pass the measure... it passed overwhelmingly...The town would vote to keep it. [ Post Comment ] Comment #2 posted by goneposthole on December 01, 2001 at 10:35:55 PT Big 'C' Water Gitchigummee.More or less a Declaration of Independence. Good for them, by God.It is constitutional. Life, liberty and the pursuit of happiness.What's wrong with that? [ Post Comment ] Comment #1 posted by troll420 on December 01, 2001 at 10:22:07 PT Go Big Water!!!!!!! I may not be the smartest man on the planet, but I think this Marshall fellow has a good head on his shoulder when it comes to what is right and wrong and what does and doesn't makew sense. Troll420 [ Post Comment ] Post Comment