cannabisnews.com: Senate Approves Closing Marijuana Law Loophole





Senate Approves Closing Marijuana Law Loophole
Posted by CN Staff on February 27, 2003 at 17:49:12 PT
By Elizabeth Pierce, Associated Press
Source: Associated Press
Pierre, S.D. - The state Senate voted Thursday to close a loophole in marijuana possession laws, opening the way for new charges in drug cases. HB1153, passed 31-2, makes it a new crime to possess marijuana with intent to sell it.Hundreds of pounds of marijuana worth millions of dollars have been found in South Dakota in the past few weeks, said Sen. Marguerite Kleven, R-Sturgis.
But in each case, people could only be charged with possession of marijuana because they were not caught selling it, she said."The frustration of law enforcement people is that they could not be charged with a distribution charge because it is not addressed in our statutes," Kleven said. "Our biggest problem in the area of this drug is distribution."The proposal, which now goes to the governor, bases punishment for possession of marijuana with intent to sell on the amount of pot a person has when arrested. It brings marijuana laws into line with those governing other drugs.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: Elizabeth Pierce, Associated PressPublished: Thursday, February 27, 2003Copyright: 2003 Associated Press Related Article:Bill Aimed at Marijuana Tradehttp://cannabisnews.com/news/thread15582.shtmlCannabisNews - Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml
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