cannabisnews.com: Bill Aimed at Marijuana Trade





Bill Aimed at Marijuana Trade
Posted by CN Staff on February 26, 2003 at 18:56:53 PT
By Joe Kafka, Associated Press
Source: Associated Press
Pierre, S.D. - Police want to crack down on the pot business in South Dakota by closing a legal loophole that allows marijuana sellers to be charged only with possession of the drug.A bill that makes it a new crime to possess marijuana for sale is making its way through the Legislature, and it looks like the skids are greased. HB11153 unanimously cleared the Senate Judiciary Committee on Wednesday, setting the measure up for a final vote on the Senate floor.
The bill had unanimously cleared a House committee earlier and found 67-1 favor on the House floor.Police said they often catch people with huge amounts of pot but cannot charge them with selling it because they're not caught in the act. The bill closes that loophole and treats large amounts of marijuana the same as other drugs, allowing tougher penalties.Patrick West, supervisor of state criminal investigators in western South Dakota, said someone caught with 5 pounds of pot is almost certainly selling it. He said that is enough marijuana to make 4,480 joints.West said recent pot busts have included 500 pounds during an arrest in Rapid City, 220 pounds of pot in a Spearfish arrest, 50 pounds in another Spearfish raid, 25 pounds in Newell and 55 pounds of pot in Sturgis."We must recognize the difference between those people that use marijuana and those people that sell marijuana," West said.Police are now frustrated when they catch people who are obviously selling marijuana, but all they can be charged with is possession, said Charlie McGuigan, assistant state attorney general."If they do not catch them in the actual act of distributing, they cannot charge them with that offense," he said.Jim Seward, Butte County state's attorney, said officers often catch people with large marijuana stashes, sales ledgers, scales and plastic bags. Unless caught selling, those people can be charged only with possession, he said."This bill merely makes it a crime for something that is a crime for cocaine and heroin and things like that," Seward said. "Give state's attorneys the tools that they need to prosecute the cases for the violations that people are committing."HB1152 bases punishment for possession of marijuana with intent to sell on the amount of pot a person has when arrested.For instance, someone caught with one-half ounce to one ounce of pot can be put in prison for up to two years for a felony conviction. People convicted of simple marijuana possession of two ounces or less face only 30 days in jail for a misdemeanor.The new penalties for intent to distribute marijuana would top out at more than one pound, which could bring up to 15 years behind bars and a $10,000 civil fine. Existing law does not provide that level of punishment for possession until someone is caught with 10 pounds of pot.HB1153 provides a mandatory 30 days in jail for a first felony conviction of intent to sell marijuana and a mandatory one year for subsequent convictions. Even those caught with just a small amount, less than one-half ounce, would have to be jailed for 15 days. Source: Associated PressAuthor: Joe Kafka, Associated PressPublished: Wednesday, February 26, 2003Copyright: 2003 Associated Press CannabisNews - Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml
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Comment #1 posted by gloovins on February 28, 2003 at 19:55:55 PT
i wish....
the (or someone) would interview the one brave one who voted NO! Well, at least one person has sanity there...The bill had unanimously cleared a House committee earlier and found 67-1 favor on the House floor.
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