cannabisnews.com: Snuffed Pot Initiative Questioned





Snuffed Pot Initiative Questioned
Posted by CN Staff on September 12, 2004 at 08:31:05 PT
By Todd Wright, Democrat Staff Writer
Source: Tallahassee Democrat 
Blunt is one way to describe the response by Tallahassee officials to a petition to soften marijuana enforcement in the city.Unfortunately for local supporters of the initiative, it may be some time before smoking a blunt - slang for a type of marijuana cigarette - is more acceptable.
Earlier this month, Leon County Circuit Court Judge Nikki Clark ruled that a proposed city charter amendment to make marijuana a low priority offense was in conflict with state law and could not be placed on the Nov. 2 ballot, despite the petition collecting the required number signatures to be put before voters.Tallahasseans for Practical Law Enforcement, the political action group that started the petition drive, thinks the city is purposely blocking the referendum from getting on the ballot."We are not changing the law," said Michael Tiner, one of the organizers of the campaign. "It simply sends the message to police and the city that marijuana should be the lowest priority. It's still illegal, but the police could be spending their time solving other crimes."The petition called for low-priority enforcement of adult personal use of marijuana - defined as the possession of less than 20 grams of the illegal weed by anyone at least 18 years old. If caught, offenders would get a ticket or a fine.Selling or distributing marijuana would still be strictly enforced.According to Rick Courtemanche, legal adviser for the city's Police Department, offenders caught with less than 20 grams of marijuana are charged with a first-degree misdemeanor and anything above that nets a felony charge.For misdemeanor amounts, officers usually issue notices to appear in court and don't book violators into county jail. Courtemanche said most misdemeanor charges are tacked onto some other arrestable offense.City Attorney Jim English argues that the TPLE's request would change the law.According to a state law adopted in 1973, marijuana is on a list with illegal drugs such as cocaine as top priorities for drug control and enforcement. The law can not be changed or modified on the local level, according to Clark's written judgment. She also ruled that the petition suffered from several technical flaws in the language proposed to go on the ballot.English said the city turned to the courts to see whether the request was legal, not to block the initiative."There were three pretty obvious problems with the petition, but the one most critical is the conflict with existing state law," he said. "There have been moves all around the country for marijuana law reform. This was an interesting attempt to sort of come through the back door, but they still have to change the state law first."TPLE was depending on severable favorable rulings on marijuana reform in other states to propel its efforts to amend the city charter.Since 1973, 12 state legislatures -- Alaska, California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio and Oregon -- have enacted versions of marijuana decriminalization.TPLE's proposed ballot language mirrored the words used in Seattle last year, when voters approved a similar amendment to lower marijuana's priority status. Seattle also established a city panel to monitor enforcement.Dominic Holden, who led the efforts in Seattle and currently sits on the city's marijuana review panel, said his campaign faced similar opposition."I am not surprised the city of Tallahassee is willing to use questionable practices to stop this issue from going to the voters," he said. "It's safe to say that law enforcement uses a wide array of discretion when it comes to marijuana cases. To claim they don't have that discretion is entirely disingenuous."Richard Bradford, who started the local grass roots campaign, said he felt local taxpayer dollars were wasted every time a marijuana case was prosecuted. As the former president of the Florida State University chapter of the National Organization for Reform of Marijuana Laws, he said he had strong support from many of the students and some faculty members.In three months, the TPLE had collected close to 8,500 signatures of registered city voters in support of its cause, qualifying the petition to get on the ballot.Although many students signed the petition, Bradford said the campaign targeted other areas of the community, which gave him hope that the proposed amendment would pass if it went to a vote."Ultimately, we want to change a marijuana charge from a criminal offense to a fine. It's too hard to do on a state level so we thought this could jump start something," he said.But state legislators have also frowned upon marijuana law reform.The last attempt to change a state marijuana law was in 2002, when the state NORML chapter attempted to make it legal to use marijuana for medicinal purposes. The effort received little legislative support and never made it on the ballot.Allen Turnage, state chairman of NORML, said his organization's main goal is to change penalties for marijuana offenses to those of traffic offenses such as speeding.He admitted that altering the priority level of law enforcement would be a hard sell and could cause problems."As a matter of public policy in an ideal world, this is good idea. It would set things in a priority theme," said Turnage, who was recently defeated for a spot on the City Commission. "As a practical matter, I realize that there are some problems with it. You have to let the police set their own enforcement schemes."Still, Tiner and Bradford don't plan on giving up their fight.The group is contemplating appealing the decision and Bradford said he has been trying to set up meetings with city commissioners to discuss a possible change. He said only one commissioner, Debbie Lightsey, has shown interest in meeting with the group."It's a matter of where do you want your money and law enforcement directed, on real crimes or on people smoking a joint in their own homes?" Tiner said. "We feel very confident the residents of Tallahassee don't think marijuana should be a high priority."Note: Group says city blocking measure -- City denies pot ballot initiativeSource: Tallahassee Democrat (FL)Author: Todd Wright, Democrat Staff WriterPublished: September 12, 2004Copyright: 2004 Tallahassee DemocratContact: letters tallahassee.comWebsite: http://www.tallahassee.com/mld/tallahassee/NORMLhttp://www.norml.org/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #13 posted by FoM on September 14, 2004 at 13:50:11 PT
Related News Article from TheTallahassee Democrat 
Reefer Madness: Petition Backers Didn't Make Their CaseSeptember 14, 2004 If you believe Tallahasseans for Practical Law Enforcement, City Hall essentially conspired against them to block their proposed charter amendment from getting on the November ballot.The amendment would have made personal marijuana use among adults the lowest enforcement priority of the Tallahassee Police Department. Even if the city did jump through hoops to keep the initiative off municipal voters' ballots, its backers had their day in court last week. They failed there, too. Circuit Judge Nikki Clark ruled that the initiative conflicted with state law.Attorneys can argue the technicalities. But since this group includes "practical" in its moniker we have to ask: What's so pragmatic about a solution in search of a problem?If there were persuasive evidence suggesting that TPD spends a disproportionate, inappropriate percentage of its resources enforcing state laws on personal marijuana use, Tallahasseans for Practical Law Enforcement would have a better case to make. But there isn't.In general, amendments to a charter or constitution should be a last resort to legislative failure to address an urgent problem. In this instance, neither is the case.Copyright: 2004 Tallahassee Democrathttp://www.tallahassee.com/mld/democrat/news/opinion/9654654.htm
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Comment #12 posted by rchandar on September 13, 2004 at 13:46:26 PT:
sam adams
wait a minute--Miami ain't that great. Still in Florida.-rchandar
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Comment #11 posted by rchandar on September 13, 2004 at 13:44:02 PT:
schmeff
yeah--this is just bullshit. The Florida MJ laws are bullshit; they are way out of line with the realities of the world we live in! It's so stupid, what is possible and realizable elsewhere in the country never becomes realizable here. It's sad, for such a minor thing, that they can threaten us with this kind of bullshit. Florida's MJ laws are simply not doable in the modern age, in a state where probably close to a million people smoke with some regularity. That pumps up the "thug" mentality that many smokers are forced to adopt; it's sad, and a vicious circle that stupid white-bred politicians on Capitol Hill are simply blind to. They've been out of touch with society for so, so long...sad. That's all I will say.-rchandar
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Comment #10 posted by schmeff on September 13, 2004 at 10:57:00 PT
With NORML Activists Like This...
...why do we need fascist prohibitionists?"You have to let the police set their own enforcement schemes." - Allen Turnage, Florida chairman of NORMLNot in any world I'd care to live in. The police are supposed to be working for me.
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Comment #9 posted by Sam Adams on September 13, 2004 at 05:32:23 PT
Tallahassee
Tallahassee, what a American backwater. Fascist rednecks running the government & business world. I feel sorry for anyone who has to stay there due to family or work. Why would anyone live in Florida except for maybe the Keys or Miami? It seems like Hell to me. One of the worst places in the English-speaking world.
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Comment #8 posted by Virgil on September 12, 2004 at 18:34:26 PT
A lopsided poll
I hate to mention a poll at DU since they are up all the time. This one on legalization of laughing grass is now 54 for legalization with one opposed and one for MMJ only- http://tinyurl.com/5jn9sIt relates to the situation in Vancouver that is the subject of Richard Cowan's latest work. The continual bullhorn from the controlled media spouting marijuana is a dangerous drug is only making the govenrment look bad. The federal laws are constitutionally illegal and a trampling of unalienable rights. We have a vicious and malicious fraud by government and our money and debt that now has to deal with an ever rising blowback as the CIA coined. They have a lot of ignorance on their side, but the crime against humanity charges of those that continue the demonization fraud in pursuit of prohibition forever should heed the chant. It is not going away and can only get louder until the fraud, injustice, waste, and treason is ended. 
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Comment #7 posted by ekim on September 12, 2004 at 16:29:00 PT
please get LEAP in Tallahassee 
calling Paul Peterson how did your LEAP event go. How many places near you have made it a ticket offence did you say. Come over to Kal on the 23 and tell the people what you are doing in the Windy City. Sep 20 04 Summerfield Crossing Rotary Club 11:45 AM Jack Cole Riverview Florida USA 
 The Summerfield Crossing Rotary Club welcomes Executive Director Jack Cole, retired New Jersey State Police Detective Lieutenant, to speak on drug prohibition and the failed War on Drugs. Sep 20 04 Windsor Rotary Club 12:00 PM Peter Christ Windsor Vermont USA 
 The Windsor Rotary Club welcomes Board Member Peter Christ for discussion of the failed war on drugs and viable alternatives. Sep 21 04 West Tampa Rotary Club 07:00 PM Jack Cole Tampa Florida USA 
 Executive Director Jack Cole continues his tour of the Sunshine State when he meets with members of the West Tampa Rotary Club to discuss the failed war on drugs. Sep 21 04 Springfield Lions Club 06:30 PM Peter Christ Springfield Vermont USA 
 The Springfield Lions Club welcomes Board Member Peter Christ for dinner and discussion of alternatives to the failed war on drugs. Sep 21 04 Auburndale Rotary Club 12:00 PM Jack Cole Auburndale Florida USA 
 Executive Director Jack Cole continues his tour of the Sunshine State when he meets with the Auburndale Rotary Club to discuss issues related to the failed war on drugs. Sep 21 04 Plant City Daybreak Rotary 07:00 AM Jack Cole Plant City Florida USA 
 Waking with the birds, Executive Director Jack Cole breakfasts with members of the Plant City Daybreak Rotary to discuss viable alternatives to the failed war on drugs. Sep 21 04 Benton Bay Athletic Lions Club 12:00 PM Howard Wooldridge Anchorage Alaska USA 
 Slipping on his running shoes, Board Member Howard Wooldridge visits the Benton Bay Athletic Lions Club to dispell the myths of America's drug war. Sep 22 04 Ybor City Rotary Club 12:00 PM Jack Cole Ybor City Florida USA 
 Members of the Ybor City Rotary Club sit down for lunch and discussion with Executive Director Jack Cole to discuss the failure of drug prohibition. Sep 22 04 Tampa Bay Rotary 07:00 AM Jack Cole Tampa Bay Florida USA 
 Executive Director Jack Cole meets for breakfast and discussion of the failure of drug prohibition with members of the Tampa Bay Rotary. Sep 22 04 Chester Lions Club 07:00 PM Peter Christ Chester Vermont USA 
 The Chester Lions Club welcomes Board Member Peter Christ to the Chester Town Hall to discuss issues related to the failed war ond rugs. The event will be open to the public. Local Time: 7:00 PM (EST) City, State/Province, Country: Chester, Vermont, USA Sep 22 04 Resurrection Bay Lions Club 12:00 PM Howard Wooldridge Seward Alaska USA 
 Bring to life the failures of America's war on drugs, Board Member Howard Wooldridge lunches with members of the Resurrection Bay Lions Club. Sep 22 04 WGIR-AM Charlie Sherman Show 07:39 AM Peter Christ Manchester New Hampshire USA 
 Board Member Peter Christ will be a guest on the WGIR-AM Charlie Sherman Show to discuss the failure of drug prohibition and viable alternatives. 610 on your AM radio dial. Sep 23 04 Randolph Rotary Club 12:00 PM Peter Christ Randolph Vermont USA 
 Board Member Peter Christ meets with the Randolph Rotary Club for lunch and to discuss issues related to America's faild war on drugs. Sep 23 04 Tampa Downtown Daybreak Rotary 07:15 AM Jack Cole Tampa Florida USA 
 Executive Director Jack Cole is up bright and early when he meets for breakfast with the Tampa Downtown Daybreak Rotary to discuss the failures of drug prohibition. Sep 23 04 Chester Rotary 07:00 AM Peter Christ Chester Vermont USA 
 Walking without a limp, Board Member Peter Christ meets with the Chester Rotary for breakfast and discussion of the failure of the war on drugs. Sep 23 04 Temple Terrace Rotary 12:00 PM Jack Cole Temple Terrace Florida USA 
 Executive Director Jack Cole lunches with the Temple Terrace Rotary and discusses viable alternatives to the war on drugs. Sep 23 04 Western Michigan University Drug Policy Symposium 09:00 AM Bill Masters Kalamazoo Michigan USA 
 LEAP Member and Sheriff Bill Masters will participate in an all day drug policy symposium with numerous guest speakers including the Rev. Edwin Sanders and Nora Callahan from the November Coalition. Sep 23 04 Unitarian Universalists 07:00 PM Jack Cole Sun City Florida USA 
 Members of the Unitarian Universalists welcome Executive Director Jack Cole for discussion of the failure of drug prohibition. Sep 24 04 Carrollwood Rotary Club 12:00 PM Jack Cole Tampa Florida USA 
 The Carrollwood Rotary Club welcomes Executive Director Jack Cole for discussion and viable alternatives to the failed war on drugs at the Lonestar SteakHouse, 11911 N. Dale Mabry 
http://www.leap.cc/events
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Comment #6 posted by Virgil on September 12, 2004 at 15:47:46 PT
A few weeks old, but still insane
Friday, August 27, 2004Religious coercion in Michigan case shows government should be wary of faith-based programsBy Wendy WagenheimComment on this story
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Get Home DeliveryIn a nation that cherishes religious freedom, how is it that a judge permitted blatant religious coercion, endorsing one religion over another and discouraging one religion? That’s what happened when Joe Hanas, a young man from Genesee County, was arrested for a nonviolent drug offense.As part of a progressive court program, Hanas had a chance to receive drug rehabilitation rather than go to jail. There was, unfortunately, one major problem — Joe Hanas is a practicing Catholic, and the program was operated by Pentecostals. Though the judge’s intent may not have been for Hanas to convert to the Pentecostal faith, his test for Hanas’ successful completion of the “drug court” program hinged on just that.The coercion was extreme, and it was an elected judge who allowed it. Hanas’ rosary, his Bible and his priest were all kept from him. Staff members, none of them certified or trained drug counselors or therapists, told him that Catholicism is a form of “witchcraft.” He was not only forbidden to follow his Catholic faith, but he was also tested on his learning of Pentecostal principles. 
The rest of the story
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Comment #5 posted by Alias on September 12, 2004 at 15:28:50 PT:
Cops might like it illegal
"For misdemeanor amounts, officers usually issue notices to appear in court and don't book violators into county jail. Courtemanche said most misdemeanor charges are tacked onto some other arrestable offense."Keywords 'usually' and 'most'It could be some police may like cannabis to be illegal cause it gives them another tool to use against a person at times. If the cannabis is there, maybe the police will use it against a person, maybe not.
Disabled Ideas
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Comment #4 posted by FoM on September 12, 2004 at 12:13:25 PT
I Added The Article To The Cannabis Archives
That will teach me to post an article without reading the whole thing first. It's now at the top of the archives on Cannabis issues.http://www.cannabisnews.com/news/list/cannabis.shtml
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Comment #3 posted by FoM on September 12, 2004 at 12:07:16 PT
I Made a Mistake
I put this article in the medical marijuana archives. It should have gone in the cannabis archives. I don't think I can fix it. Sorry about that.
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Comment #2 posted by afterburner on September 12, 2004 at 10:53:00 PT
Privacy: the New Frontier 
The mention of "people smoking a joint in their own homes" speaks to the Alaskan strategy of right of privacy. Privacy is a defense that the courts should honor and the legislature should pass a Privacy Amendment.
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Comment #1 posted by Virgil on September 12, 2004 at 09:34:11 PT
Blunt is no more slang than joint
Unfortunately for local supporters of the initiative, it may be some time before smoking a blunt - slang for a type of marijuana cigarette - is more acceptable. Blunt is the actual word for cannabis wrapped in a tobacco leaf and usually people buy whole cigars and hollow them out. It is no slang word. I do not even know if there is alternative word for blunt. For joint you can have a doobie or a jay, but a blunt is a blunt is a blunt.
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