cannabisnews.com: Panel Looking at Fewer Prison Terms for Marijuana Panel Looking at Fewer Prison Terms for Marijuana Posted by CN Staff on March 01, 2004 at 11:38:14 PT By The Associated Press Source: Associated Press A state commission that is reviewing Alabama's sentencing laws is looking at how other states send fewer people to prison for the personal use of marijuana. The Alabama Sentencing Commission figures that Alabama spends about $4 million a year locking up marijuana users who would not go to prison in many states."Sending people to prison is not solving the drug problems. It's just creating an enormous financial burden on this state," said Circuit Judge David Rains of Fort Payne. Rains, a circuit judge for 23 years, is a member of the commission that former Attorney General Bill Pryor got the Legislature to create in 2000. The commission is working on ways to make Alabama's sentencing laws fairer and to make sure sentences for similar crimes don't vary greatly from one part of the state to another.The judges, prosecutors and state leaders on the commission say Alabama's drug laws need fixing, but they haven't been able to agree on changes that might fly with the Legislature and the public.They are beginning their work with marijuana, a drug that rarely means prison time in states such as Virginia."I can't remember anybody going to jail for pot in the last 15 years," said Richard Trodden, commonwealth attorney for Arlington County, Va., referring exclusively to possession cases. Virginia, like Alabama, treats dealers and traffickers much more seriously.The first conviction for personal-use marijuana is a misdemeanor in Alabama. After that, possession becomes a felony no matter how small the quantity.About 1,000 people each year are convicted of felony possession, and nearly 40 percent of those are sent to prison, according to Sentencing Com mission statistics.Several judges on the commission say they would prefer more options for drug users. Harsh prison sentences punish addicts, but don't appear to be stemming drug use."If the deterrent factor would work, would we have as much drug use as we have in this country? Doesn't everybody know how tough the drug laws are in this country? They really do," Jefferson County District Judge Pete Johnson told The Birmingham News, which reported on the marijuana issue Monday.The commission has discussed trying to set a weight limit for misdemeanor personal use - such as a pound - but has reached no agreement."I think going around saying you've got a pound of marijuana and it's a misdemeanor is not going to sell well in Alabama," Montgomery District Attorney Ellen Brooks said.Other approaches have also been discussed."I'm in favor of making marijuana possession one time or 10 times a misdemeanor," Rains said.In Kansas, the first and second drug arrests call for mandatory treatment, not prison. In Minnesota, drug possession usually must be combined with other crimes before a drug user goes to prison.Shelby County District Attorney Robby Owens said Alabama's laws are appropriate, no matter what other states do."The worst problem with marijuana is the fact that if you ride in those circles, cocaine's going to be there, PCPs going to be there, the meth's going to be there," Owens said.Any changes in Alabama's marijuana sentencing laws would require legislative approval. Johnson said he doubts the commission can agree on a recommendation this year.Complete Title: Panel Looking at Fewer Prison Terms for Marijuana PossessionInformation from: The Birmingham NewsSource: Associated Press Published: March 01, 2004Copyright: 2004 The Associated Press CannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by breeze on March 01, 2004 at 22:03:58 PT Alabama- the anus of the nation... I would say the entire SSOUTH- but, it would take too long for me to name each state.Alabama- famous for its compassionate values, KNOWN for its belief in CHRISTIANITY, fought very hard to have ten commandments posted in their court houses. It did not matter who it offended, BY GOD, the ten rules for "decent livin' were there to stay".Have you ever started just hating every thing that your upbringing, heritage and ancestors stood for, in just knowing that people in neighboring states have allowed these nazis to take over, and remain IN POWER?WELCOME TO DIXIE- yeah, we still has slaves, we calls 'em blu collar werkers and messycans...other wise known as white trash. [ Post Comment ] Comment #8 posted by kaptinemo on March 01, 2004 at 13:16:38 PT: The cracks in the edifice have become fissures Next, the masonry of the wall gives way...and you see sunlight.More proof we're winning. The States are, as predicted here, having to make the classic 'guns or butter' choice...and they are grudgingly, haltingly, grumblingly choosing butter.But the question is, as it has always been, and never answered by any pol or bureaucrat: "If these non-violent offenders were seen as being such a minimal danger to society that they can be released, then WHY WERE THEY IN PRISON TO BEGIN WITH?" [ Post Comment ] Comment #7 posted by E_Johnson on March 01, 2004 at 12:14:01 PT The virgin birth theory rises again ""I can't remember anybody going to jail for pot in the last 15 years," said Richard Trodden, Commonwealth Attorney for Arlington County, Va., referring exclusively to possession cases."So can he remember sending anyone to jail for cultivation? It's no use bragging about the humanity of letting people go for "simple possession" when we all know where vegetables come from. If he wants to impress me with his humanity, he's going to have to tell us what he wants people to suffer for simple gardening, not just simple possession. [ Post Comment ] Comment #6 posted by FoM on March 01, 2004 at 12:06:18 PT Here's The Article from The Birmingham News I put the article on my FTE site. It's seems important. http://cannabisnews.com/news/thread18421.shtml [ Post Comment ] Comment #5 posted by Cannabis Enthusiast on March 01, 2004 at 12:03:43 PT Where I live (MN) *versus* Alabama Alabama: http://www.norml.org/index.cfm?wtm_view=&Group_ID=4521Minnesota: http://www.norml.org/index.cfm?wtm_view=&Group_ID=4545This is absolutely ridiculous how much there is a disperity among U.S. states for smoking a joint. One state makes you go to jail for a year, and the other state gives you the equivalent of a traffick ticket. [ Post Comment ] Comment #4 posted by OverwhelmSam on March 01, 2004 at 12:00:19 PT: Do They Come Up With These False Conclusions All On Their Own?"The worst problem with marijuana is the fact that if you ride in those circles, cocaine's going to be there, PCPs going to be there, the meth's going to be there," Owens said.I can run out and get whatever drug I want. They're everywhere! By the same token, people who only deal in marijuana, only have marijuana and not all those other drugs. This guy thinks that he's got it all figured out. [ Post Comment ] Comment #3 posted by mamawillie on March 01, 2004 at 11:54:49 PT Well, Duh! ***Sending people to prison is not solving the drug problems. It's just creating an enormous financial burden on this state," said Circuit Judge David Rains of Fort Payne****Welllll, DUH!******Shelby County District Attorney Robby Owens said Alabama's laws are appropriate, no matter what other states do. "The worst problem with marijuana is the fact that if you ride in those circles, cocaine's going to be there, PCPs going to be there, the meth's going to be there," Owens said.*******I'm fed up with idiots like this. That is NOT a problem with marijuana; that is a problem with certain DEALERS who would NOT have jobs if PROHIBITION was not in action. Take out the word *marijuana* and change it to *Prohibition*... now doesn't this make more sense:((((((The worst problem with *****PROHIBITION****** is the fact that if you ride in those circles ****with the dealers***, cocaine's going to be there, PCPs going to be there, the meth's going to be there)))))Now, doesn't that make more sense?****In Kansas, the first and second drug arrests call for mandatory treatment, not prison*****And thus, the vicious cycle continues with mandatory drug treatment for a gentle, non-addictive herb.GRRRRRRRRRRRRR.....Mama [ Post Comment ] Comment #2 posted by ekim on March 01, 2004 at 11:53:06 PT Paraphernailia sale to minor 3 or more years young Alabama http://www.norml.org/index.cfm?wtm_view=&Group_ID=4521 mandatory Details About this report Incarceration Fine Possession 2.2 lbs or less misdemeanor 0 - 1 year $2,000 More than 2.2 lbs felony 1 - 10 years $5,000 Cultivation 2.2 lbs or less felony 3 years MMS, possible 10 - 99 years $25,000 2.2 to 100 lbs felony 5 years MMS* $50,000 100 to 500 lbs felony 15 years MMS* $200,000 More than 1000 lbs felony life MMS* *Mandatory minimum sentence. Sale To minors felony 10 years - life Within 3 miles of a school felony 5 years** Within 3 miles of a public housing project felony 5 years** **These sentences run consecutive to other sentences and cannot be probated. Trafficking 1st offense felony 25 years - life $50,000 - $1,000,000 2nd offense felony life MMS* *Mandatory minimum sentence. Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... ) Paraphernalia possession or sale misdemeanor 0 - 1 year $2,000 Paraphernailia sale to minor 3 or more years younger than the seller felony 2 - 20 years $10,000 Any conviction causes drivers license suspension for 6 months. [ Post Comment ] Comment #1 posted by FoM on March 01, 2004 at 11:44:55 PT Related Article from a Snipped Source Drug Laws Face Scales of Justice State More Often Imprisons Marijuana Users March 01, 2004Carla Crowder, News Staff WriterMONTGOMERY - Alabama spends about $4 million each year to lock up marijuana users who wouldn't see the inside of prison in many states, according to an analysis by the Alabama Sentencing Commission. The judges, prosecutors and state leaders on the commission agree that Alabama's drug laws need fixing. So far they haven't been able to agree on reforms that might fly with the Legislature and the public. But they are trying - starting with marijuana, a drug that rarely means prison time in states such as Virginia. "I can't remember anybody going to jail for pot in the last 15 years," said Richard Trodden, Commonwealth Attorney for Arlington County, Va., referring exclusively to possession cases. Virginia, like Alabama, treats dealers and traffickers much more seriously. The first conviction for personal-use marijuana is a misdemeanor in Alabama. After that, possession becomes a felony no matter how small the quantity. About 1,000 people each year are convicted of felony possession, and nearly 40 percent of those are sent to prison, according to Sentencing Commission statistics. The Legislature created the commission in 2000 to address Alabama's crowded prisons and bring about fairer sentences. Several judges on the commission say they would prefer smarter options for drug users. Harsh prison sentences punish addicts, but don't appear to be stemming drug use. "If the deterrent factor would work, would we have as much drug use as we have in this country? Doesn't everybody know how tough the drug laws are in this country? They really do," said Jefferson County District Judge Pete Johnson. Yet proposals considered this year at commission meetings have met sharp resistance from district attorneys. A suggestion discussed last month called for raising the quantity for felony possession to more than a pound. Montgomery County District Attorney Ellen Brooks, who represents Alabama DAs on the commission, doubted lawmakers would pass such a bill, even if the commission was behind it. "I think going around saying you've got a pound of marijuana and it's a misdemeanor is not going to sell well in Alabama," Brooks said. Assistant Attorney General Rosa Davis, who represents the attorney general's office on the commission, offered some explanation. Several states surveyed treat personal use marijuana, no matter the quantity, as a misdemeanor. In Virginia, marijuana only rises to felony levels if someone sells it. Nebraska allows seven arrests before its a felony. As far as legislators approving the pound limit: "I have a feeling they're going to look at this and laugh in my face, but if you look at what's happening around the country, the marijuana sentences are coming down, down, down," Davis said. Brooks agreed change is needed, but the pound allowance was too drastic. "We're now providing folks with drug diversion, drug court, pre-trial diversion. ... They're getting free bites at the apple," she said. "At some point we've got to recognize that we're dealing with some people who are a threat to society." Heightening concerns are Alabama's budget crisis and lawsuits over packed prisons. This year, the state doubled the size of the parole board to allow more early releases of non-violent felons. "We need space in our prisons for folks who are going to do a lot more damage than these folks," Davis said, referring to marijuana users. Alabama's incarceration rate is the nation's fifth highest. Alabama locked up 612 people per 100,000 residents in 2002. The national incarceration rate was 476 per 100,000 in 2002, the most recent year available, according to the U.S. Department of Justice. Fifteen percent of the people in Alabama prisons - 4,082 prisoners - are locked up on drug crimes, according to the Alabama Department of Corrections. Some judges on the Sentencing Commission said penalties for other drugs need changing also, but marijuana is a start. "I'm in favor of making marijuana possession one time or 10 times a misdemeanor," said Ninth Circuit Judge David Rains, a commission member who's been a judge 23 years in northeast Alabama. "Sending people to prison is not solving the drug problems. It's just creating an enormous financial burden on the state," Rains said. Snipped:Complete Article: http://www.al.com/news/birminghamnews/index.ssf?/base/news/1078136328276970.xml [ Post Comment ] Post Comment