cannabisnews.com: Voters Should Reject Misguided Marijuana Move





Voters Should Reject Misguided Marijuana Move
Posted by CN Staff on March 23, 2003 at 19:05:46 PT
By Randy G. Boehm
Source: Columbia Daily Tribune 
On April 8, Columbia voters will decide a proposed ordinance that would make substantial changes to the way the Columbia Police Department handles misdemeanor marijuana offenses.In my opinion, these changes would be a detriment to Columbia. The policy the Columbia Police Department has in place allows individuals arrested for possession of small amounts of marijuana to be sent to municipal court when no extenuating circumstances exist. 
Examples of extenuating circumstances that would cause an offense to be sent to state court include an individual with prior convictions, an individual arrested for other state charges, or an arrest made in the service of a drug search warrant.The current policy works very well. Individuals arrested for possession of small amounts of marijuana are sent to municipal court if no extenuating circumstances exist.The proposed ordinance would remove all discretion from the police officer as to how misdemeanor marijuana arrests would be handled. We could no longer consider the individual’s criminal history.A known drug dealer with several previous convictions would be sent to municipal court, as would an individual arrested for a first-offense marijuana possession with no criminal history. Clearly, this would be unfair and would not allow a police officer to use discretion and to take all circumstances under consideration on each offense.It should also be noted that this proposed ordinance would relate only to Columbia police officers. An individual arrested inside the city limits of Columbia by the Boone County Sheriff’s Department, the University of Missouri Police Department or the Missouri Highway Patrol still would be subject to being sent to state court. Again, this would clearly be unfair.This proposed ordinance would remove discretion from the city and state prosecutors. Currently, these offices communicate with each other as to the appropriate office to handle a particular case. This system works well.The proposed ordinance removes discretion from the municipal judge as to the amount of fine for marijuana offenses. A first-time offender would receive a $25 fine. This is regardless of criminal history. Currently, the typical fine for a first-offense misdemeanor marijuana possession is between $200 and $300. This obviously would be a significant reduction in fine and not in line with the current policy of the municipal judge. The proposed ordinance also would allow for misdemeanor possession to become "legal" in the city of Columbia if used for medical purposes. This would be in conflict with state and federal law. Since Columbia police officers swear to uphold not just city ordinances but state and federal law, a clear, significant conflict would be created.It should be noted that the proposed ordinance says a doctor’s "recommendation" would be required to authorize the possession. This language is used because a doctor cannot prescribe marijuana use. The Food and Drug Administration and the U.S. Supreme Court do not recognize marijuana for medical purposes under any circumstances.An argument has been made that this proposed ordinance would save time for Columbia police officers. In reality, no time would be saved. Paperwork for a misdemeanor marijuana possession case is the same regardless of whether the case goes to city or state court.Finally, the proposed ordinance would send an improper and conflicted message to the youths of our community. The Columbia Police Department spends many hours in our schools teaching youths the negative consequences of substance abuse. The proposed ordinance suggests that misdemeanor marijuana possession is not a serious offense.I ask the citizens of this community to vote "no" on this proposed ordinance.Randy G. Boehm is the Columbia police chief.  Source: Columbia Daily Tribune (MO)Author: Randy G. BoehmPublished: Sunday, March 23, 2003Copyright: 2003 Columbia Daily TribuneContact: editor tribmail.comWebsite: http://www.showmenews.com/Related Articles:Ballots Marijuana Initiative Deserves Attentionhttp://cannabisnews.com/news/thread15735.shtmlPot Issue Elicits Clash of Interests http://cannabisnews.com/news/thread15734.shtmlCouncil Sets Pot Revision for Electionhttp://cannabisnews.com/news/thread15253.shtml
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Comment #2 posted by afterburner on March 23, 2003 at 20:53:01 PT:
Say, What?
The Food and Drug Administration and the U.S. Supreme Court do not recognize marijuana for medical purposes under any circumstances.Now the U.S. Supreme Court Justices have become doctors? I didn't realize they could graduate from medical school and do their residency in such a short period of time.I ask the citizens of this community to just say "no" to Randy G. Boehm, Columbia police chief.ego destruction or ego transcendence, that is the question.
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Comment #1 posted by 420toker on March 23, 2003 at 19:13:49 PT
No doubt
Yep they will no longer have the discretion to screw with average everyday citizens, They will no longer be able to completely screw a well to do buissinessman because he smokes an herb. They will be forced to consider "extenuating circumstances" on the merits of the law and not trump up a pot charge because the Judge didn't like the way the defendant looked.Sound great to me.
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