cannabisnews.com: Kinder, Gentler Pot Laws? Kinder, Gentler Pot Laws? Posted by CN Staff on February 24, 2004 at 14:20:06 PT By Justin Nyberg, Staff Writer Source: San Francisco Examiner Redwood City -- The San Mateo County Board of Supervisors will consider making a stand Tuesday in support of lighter sentences for people caught with small amounts of pot. Supervisors are being asked to consider a resolution in favor of a bill, proposed by local state Sen. Byron Sher, D-San Mateo, that would reduce the charge for people caught with marijuana from a misdemeanor to a mere infraction -- the level of a traffic ticket. Under current law, a person caught with one ounce or less of marijuana -- enough for about 50 joints -- is charged with a misdemeanor, though the penalty is that of a simple $100 infraction. But because it is a misdemeanor offense, defendants can fight the charges and force the county to pay for a jury trial, at the end of which the fine is still $100.That is the logic of San Mateo County Superior Court Judge Quentin Kopp, who inspired Sher to draft the bill, known as SB 131. Kopp said it is too easy for defense attorneys to take advantage of the system by taking these cases to trial, getting paid and building experience with no risk to the client. "If I was a lawyer, especially a young lawyer, I'd try these cases every week," he said. Sher's office has estimated SB 131 would save the state up to $4.5 million per year in trial costs.The bill is being revived after it fell four votes shy of passing the state Assembly last September. The Assembly also defeated similar legislation in 2000 and 2001.It is opposed by some law-enforcement groups who fear it is a step toward decriminalization of marijuana and say it would prevent small-time users from entering into treatment programs under Proposition 36. Prop. 36, approved in 2000, diverts those convicted of misdemeanor or felony drug offenses out of incarceration and into probation and treatment programs, and clears the arrest records of those who successfully complete the program. "As soon as you downgrade marijuana from a misdemeanor to an infraction, persons who are convicted are statutorily exempt from the treatment options of Prop. 36," said John Lovell, a lobbyist for the California Narcotics Officers' Association.Lovell said there are simply not enough misdemeanor marijuana trials to justify the change in legislation, and even the bill's proponents cannot put a number on it. "I think that argument is more theoretical than experimentally based," he said. Of the 59,993 Californians arrested in 2002 for marijuana-related offenses, 47,251 were charged with misdemeanors. The number of misdemeanor arrests has more than doubled since 1991. It is unknown how many misdemeanor pot arrests actually go to trial.Marijuana possession is one of the only misdemeanor crimes that is penalized like an infraction, according to Kopp. Usually, misdemeanors carry fines of up to $10,000.Under SB 131, those convicted of marijuana possession would have no right to a jury trial and no criminal record. The prospect has gotten the enthusiastic support of marijuana advocates."Its basic idea is to reduce the cost of prosecution of petty pot offenses. It would bring it down to the level of a traffic ticket," said Dale Gieringer, spokesperson for the California chapter of the National Organization to Reform Marijuana Laws. The bill has also collected the support of the county's District Attorney's Office, responsible for prosecuting such cases."We're not trying to legalize marijuana, far from it. However, it doesn't seem like it is a good use of our limited resources to spend money on jury trials and appointed attorneys when the punishment is the same," said Deputy District Attorney Steve Wagstaffe.Kopp says he is also no fan of decriminalization, but the law simply makes financial sense for cash-strapped counties that already have a full calendar of criminal trials."These are days when you have to save money," Kopp said. Note: Supes asked to take sting out of small marijuana busts.Source: San Francisco Examiner (CA)Author: Justin Nyberg, Staff WriterPublished: Tuesday, February 24, 2004Copyright: 2004 San Francisco ExaminerContact: letters sfexaminer.comWebsite: http://www.examiner.com/California NORMLhttp://www.canorml.org/CannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by FoM on February 25, 2004 at 15:50:58 PT afterburner a beginning I just got the Second Edition of Greendale today. The DVD is called Inside Greendale and it is great. We'll be seeing Neil in concert again soon and he is doing Greendale and I can't wait. Now he needs to use Hemp for fuel! Then I'll really be happy!***Neil Young Grooves on Biodiesel, and More Wed, 25 Feb 2004 CBC News Online Young Goes on Eco-Tour LOS ANGELES - Veteran Canadian rocker Neil Young has found a new way to support farmers, this time by choosing a cleaner-burning alternative to gasoline.Young hit the road last week to tour in support of his latest album, Greendale. His tour buses and trucks run on biodiesel, an alternative fuel. Part of that fuel includes soybean oil, which is being supplied by a farmer in Iowa. The godfather of grunge says his tour is "ozone friendly" and "environmentally responsible." Along with Willie Nelson and John Mellencamp, Young has been a key player in the Farm Aid benefit concerts for 18 years. http://www.cbc.ca/arts/stories/briefs20040225http://www.freedomtoexhale.com/insidegreendale.htm Neil Young - Greendale [ Post Comment ] Comment #5 posted by FoM on February 25, 2004 at 15:08:21 PT Thanks afterburner I did see the article but it was another source I have to snip so I passed on it. Maybe someday I'll be allowed to post sources without snipping. I sure hope so. [ Post Comment ] Comment #4 posted by afterburner on February 25, 2004 at 14:59:18 PT: DEA's Hangup Over Industrial Hemp US WA: DEA's Hangup Over Industrial Hemp Isn't Healthy 24 Feb 2004 Spokesman-Review (WA) http://www.mapinc.org/ccnews/v04/n325/a03.html [ Post Comment ] Comment #3 posted by mayan on February 24, 2004 at 18:23:04 PT $ $ $ "These are days when you have to save money," Kopp said.The last sentence says it all! We are well beyond the point where the war on cannabis costs more money than it makes. It is only a matter of time until we see outright legalization,regulation & taxation. This country is so bankrupt and will do what it has to to get out of such massive debt. It's either that or go the way of the dinosaur.The way out is the way in...9/11 Widows Catch Commission Wagging the Dog with "Old News": http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=72&mode=thread&order=0&thold=0C.I.A. Was Given Data on Hijacker Long Before 9/11: http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=71&mode=thread&order=0&thold=09/11 panel should get time it needs - By BILL HARVEY & KRISTEN BREITWEISER: http://www.nydailynews.com/02-24-2004/news/story/167258p-146264c.html9/11 widow urges public action: http://www.septembereleventh.org/newsarchive/2004-02-23-action.php25 Reasons Why "White Collar Terrorists" Are To Blame for 9/11 - by Dr. Len Horowitz: http://www.tetrahedron.org/articles/apocalypse/25_reasons.html [ Post Comment ] Comment #2 posted by Cannabis Enthusiast on February 24, 2004 at 18:22:00 PT What sick fuck would _punish_ someone for smoking What the hell is wrong with our society when we _PUNISH_ human beings for the act of enjoying life with the aid of cannabis?Why should we punish people for enjoying Coca or Opium? These are all simply wonderful plants which expand human consciousness.When are we going to start rewarding people for expanding their consciousness instead of punishing them? Hell, if I was in ancient China and I saw someone smoking Opium, I would ask him or her how the experience was and I could write a book on the user's thoughts. [ Post Comment ] Comment #1 posted by sukoi on February 24, 2004 at 15:17:44 PT Just thought that you all might like to know that a new thread just started at the Kerry forum about the WOD:Drug Policy Changehttp://forum.johnkerry.com//index.php?s=fa2af0ce4911d8111304c4096fd231f8&showtopic=7493 [ Post Comment ] Post Comment