cannabisnews.com: City May Follow Suburbs Lead on Pot: Write Tickets





City May Follow Suburbs Lead on Pot: Write Tickets
Posted by CN Staff on November 01, 2004 at 07:36:26 PT
By Lisa Black, Tribune Staff Reporter
Source: Chicago Tribune 
When Brandon Sobon and two friends were ticketed in Wilmette for marijuana possession, they weren't happy but knew it could have been a lot worse. They could have been stopped in Chicago.Sobon and his friends were returning from dinner in July when police pulled the driver over for a minor traffic violation. A Wilmette officer searched the vehicle and discovered a small bag of marijuana--about one joint's worth-- in the glove compartment.
If a Chicago police officer had stopped them, they could have been arrested, fingerprinted and assigned a court date.Instead, each received the equivalent of a parking ticket, a $100 fine under a village ordinance regarding the possession of less than 10 grams of marijuana."I was grateful that they let us off with a little warning," said Sobon, 22, of Mundelein. "I guess it was a lesser punishment."As Chicago officials consider a similar method of ticketing people caught with small amounts of marijuana, they need not look far to find examples of how it might play out on the streets.Many Chicago suburbs have done it for decades.Besides Wilmette, municipalities such as Winnetka, Glenview and Naperville treat a first-time offender carrying less than 10 grams of marijuana in much the same way: They get a ticket instead of a trip to the police station, officials said.The system allows teenagers to avoid blemishing their records before college, where they can be denied financial aid if convicted of a drug offense, officials say."It's not done for the purposes of generating money," said Jeffrey Randall, village attorney for Glenview, where police estimate that they issue 10 citations a month for marijuana. "Its purpose is education, teaching the offender a lesson."Ticketing offenders also offers flexibility to police and prosecutors, who save time and money by not taking minor cases to court, proponents say. In Cook County, most are dismissed anyway, they add.Most communities must have home-rule status to enact an ordinance superseding state law on marijuana offenses, officials said.Winnetka, which doesn't have home rule, is an exception. The village's 1869 charter contains a provision that provides broader authority for police enforcement, said Katherine Janega, village attorney.In Chicago, officials are considering adopting the suburban approach after reviewing statistics that show most minor marijuana cases are dismissed in court.Last year, 8,041 people were arrested for possessing less than 2 1/2 grams of marijuana, police statistics show.Charges were dropped in 94 percent of those cases, according to a report by Chicago Police Officer Thomas Donegan.He recommended that the city issue tickets for those caught with under 30 grams of marijuana.City officials met with State's Atty. Richard Devine recently to discuss the proposal, but they have not reach any conclusions, said John Gorman, spokesman for Devine.In communities where police ticket offenders for marijuana possession, officials stressed that they reserve that option only for first-time offenders or minor cases."If someone has been arrested half a dozen times, we're not going to use a city ordinance to penalize this," said Naperville Police Sgt. Joel Truemper.Drug offenders in that suburb still have to go to civil court to resolve their cases, and while they avoid jail, they may be required to perform community service as well as to pay a fine, said Frank Cuneo, city prosecutor.By comparison, a criminal violation--classified as a misdemeanor in cases regarding less than 10 grams of marijuana--calls for up to $1,500 in fines and 6 months in jail, according to state law.Like Wilmette, Winnetka adopted its ordinance on marijuana in 1978."To my knowledge, it's never been challenged," Janega said.Suburban fines Fines for marijuana possession in Glenview range from $75 to $500, allowing police officers to use their discretion, depending on the offender's record. Other municipalities issue similar fines, beginning at $50 for first-time offenses.Legal experts said that, historically, prosecutors have been reluctant to issue citations for marijuana for fear they will be perceived as soft on crime.Although opponents view cannabis as a gateway drug that could lead to addiction, others are increasingly tolerant of the drug, they said."This reflects the changing perceptions of marijuana," said Ronald Allen, a Northwestern University law professor. He said fining offenders might be a more effective enforcement tool than taking them to court."Sometimes over-criminalizing something is detrimental because if the sanctions are too draconian, given social views, prosecutors are reluctant to prosecute and juries are reluctant to convict," Allen said.Nationwide, municipalities that have begun enforcing marijuana possession under local ordinances never use the word "decriminalization," experts said."They would simply say we were rearranging our fiscal priorities," said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws, based in Washington, D.C.In Naperville and elsewhere, officials said they do not break down the revenue generated from marijuana-related tickets.In Wilmette, where police issue an average of 32 citations for marijuana annually, the tickets carry fines of a minimum of $100, according to village ordinance.Neighboring Evanston and Skokie have no such ordinance and send offenders to Criminal Court.In 2003, Evanston police made 144 arrests for marijuana charges, a number that doesn't include those involving multiple offenses. Skokie statistics were not available.Supporters of drug decriminalization support the move toward using local ordinances to penalize marijuana offenses. Strict prohibition has resulted in overcrowded prisons, gang crime and a black market for marijuana, they say."The war on drugs doesn't work," said James Gierach, an Oak Lawn attorney and member of Law Enforcement Against Prohibition, a group of current and former law-enforcement officers."When you prohibit something and it's an addictive substance, you immediately make it the most valued substance on Earth."In Sobon's case, he isn't sure what prompted the Wilmette officer to search the vehicle and he offered an observation."It's probably a good idea, if you are going to travel with [marijuana], to expect to be pulled over even if you don't look suspicious," he said. Source: Chicago Tribune (IL)Author: Lisa Black, Tribune Staff ReporterPublished: November 1, 2004Copyright: 2004 Chicago Tribune CompanyContact: ctc-TribLetter Tribune.comWebsite: http://www.chicagotribune.com/Related Articles & Web Sites:LEAPhttp://www.leap.cc/NORMLhttp://www.norml.org/DecrimWatchhttp://www.decrimwatch.com/Area Police Use Local Law in Marijuana Caseshttp://cannabisnews.com/news/thread19681.shtmlA Change in Marijuana Prosecution Eyed http://cannabisnews.com/news/thread19548.shtmlRegulation Increases Control Over Pot http://cannabisnews.com/news/thread19540.shtml
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Comment #11 posted by FoM on November 02, 2004 at 07:50:05 PT
Go Paul!
You are very welcome!
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Comment #10 posted by Hope on November 02, 2004 at 07:03:48 PT
Paul Peterson
I'm so happy for you and I do so hope this all eventually leads to your being able to get your license to practice law back. Just goes to show that beating your head endlessly, like we all seem to be doing sometimes, against a brick wall can actually weaken that wall. Success is a lot more "fun" than the feeling that you just might be treading water endlessly. I feel solid ground under my feet now, too, occasionally. That's a good feeling.Never give up. Never give up. Never give up.Thank you for all you're doing.
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Comment #9 posted by paulpeterson on November 02, 2004 at 04:23:22 PT
Hope
This Chicago show is getting good now. The police Supt's office in Chicago called me to ask for help in implementing Chicago's plan. The guy was anxious to contact other chiefs of police for their input.I'm already working with one suburb that has just indicated willingness to decrim. They want some sort of "evaluation" but since every evaluator always says "inpatient rehab" if a person even says the word "pot", we're working up a protocol with 5 steps ie: the least onerous step would merely be a "referral" to yoga classes or the like. I've also spoken with the State's attorney's office and also have my contacts there. I spoke with this Lisa Black writer person a few weeks ago and she REFUSED to run an article until I gave her a NEW TOWN that had decriminalized. Of course, since she ran the article, that means she was TOLD TO WRITE IT because now it is in vogue to talk about pot decriminalization! How fun to see things developing this fast.Of course, the nicest thing about this attention to this issue, is the fact that when the lawyer police took away my law license, they committed fraud and perjury to do it-the FBI & DOJ were totally unwilling to even look at it. Now, if I continue to make police friends, these are the very people that would initiate an investigation (through the Cook County States Attorney that is). As long as it looked like the anti's were firmly in charge, no one would ever consider that any claim of fraud would ever be listened to from a "pothead".So now the tally stands at 10 towns: Wilmette, Kenilworth, Winnetka, Glenview, Niles, Northbrook, Glencoe, Darien, Naperville and soon Northfield. Since Chicago is so much bigger than Northfield, I can't count Chicago in until all their pins get set up right.It is soo good to see this progress here. This news, plus the THREE STATES we should bring in today, should quicken the pace for the entire nation.Thank you all for the support on this most important advocacy plank (to FoM & all the folks at CNews). Over and Out. PAUL PETERSON
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Comment #8 posted by afterburner on November 01, 2004 at 12:45:11 PT
United We Stand, Divided We Fall
For DanB and Hope for the Future of Free Cannabis (and all the Brothers and Sisters Here at *Cannabis News*):ARTIST: Brotherhood of Man
TITLE: United We Stand
Lyrics and Chords[Capo 3]There's nowhere in the world that I would rather be 
Than with you my love 
And there's nothing in the world that I would rather see 
Than your smile my love/ D - F# - / G - D - / G - Bm - / G - A - /{Refrain}
For united we stand, divided we fall
And if our backs should ever be against the wall
We'll be together, together, you and I/ D - F# - / Bm - G - / D - G A D - G A /{Refrain}And if the world around you falls apart my love
Then I'll still be here
And if the going gets too hard along the way
Just you call, I'll hear{Refrain twice}--United We Stand/ From a diehard romantic!!!!!
http://friendfinder.com/intgroups/gi2431/qi49956/acview_thread_message.html [and no pesky popups, hey music lover!]
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Comment #7 posted by FoM on November 01, 2004 at 11:04:18 PT
afterburner
Words from Be The Rain. Go Alaska!!!***We got to get thereAlaskaWe got to be thereBefore the big machinesWe got a job to doWe got to save Mother Earth***Please vote Yes on 2 all that can!!!!
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Comment #6 posted by FoM on November 01, 2004 at 10:29:02 PT
afterburner 
You always know just what to say! Thank you and I will!
[ Post Comment ]


Comment #5 posted by afterburner on November 01, 2004 at 10:26:46 PT
FoM, re Comment #4
LOTTA LOVE Lyrics
Artist(Band):Neil Young 
http://www.sing365.com/music/Lyric.nsf/LOTTA-LOVE-lyrics-Neil-Young/3135213D70D8CF4B4825690D0012D7D5"It's gonna take a lotta love
To change the way things are.
It's gonna take a lotta love
Or we won't get too far."So if you look in my direction
And we don't see eye to eye,
My heart needs protection
And so do I."It's gonna take a lotta love
To get us thru the night.
It's gonna take a lotta love
To make things work out right."So if you are out there waitin'
I hope you show up soon,
'Cause my heart needs relatin'
Not solitude."Gotta lotta love
Gotta lotta love."It's gonna take a lotta love
To change the way things are.
It's gonna take a lotta love
Or we won't get too far."It's gonna take a lotta love
To change the way things are.
It's gonna take a lotta love
Or we won't get too far"It's crunch time, brothers and sisters. "Kick out the jams" and speak your mind. The last minute voters need to hear the truth NOW!
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Comment #4 posted by FoM on November 01, 2004 at 10:01:37 PT
Hope
I stopped listening to Greendale a few months ago and I knew when I was feeling hope again I would play it. Today I dusted off Greendale and it is now playing. I want so much for a bright future for all of us. My favorite words from Greendale's first song called Falling From Above:A little love and affectionIn every thing you doWill make the world A better placeWith or without you.http://www.freedomtoexhale.com/greendale.htm
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Comment #3 posted by Hope on November 01, 2004 at 09:21:56 PT
Paul Peterson
I sense a lot of his influence on this article.Way to go Paul! Just when I get to feeling a bit hopeless... the power that is in CNews, the strength of fellowship and encouragement, sharing of ideas and information that is CNews...is evidently touching mainstream media…well…it’s very encouraging.Once again....Way to go, Paul!Dankhank, You are a powerful force to be dealt with. Mike and LEAP. Kaptinemo. FoM. All our "reverends". Our Mamawillie and EJohnson and our Doctor Russo ...it's a longer list than I thought before I started typing...which is wonderful.Well...I'm touched (talk amongst yourselves).Keep on keepin on, brothers and sisters!
[ Post Comment ]


Comment #2 posted by Hope on November 01, 2004 at 08:58:34 PT
Dankhank
"Sometimes over-criminalizing something is detrimental because if the sanctions are too draconian, given social views, prosecutors are reluctant to prosecute and juries are reluctant to convict,", made me think of a letter I've recently written that's not likely to see ink.In answer to http://www.mapinc.org/drugnews/v04/n1547/a07.html?53002I...in spite of Kaptinemo's recently very sweet compliment about my ability to be "concise", just couldn't edit it down to where I knew it might get a little closer to ink look. It's far too long...ranty...rambly...angry, preachy, scoldy, and loopy. :-( I just wanted to send it so bad...Subject: MAN GETS 99 YEARS FOR DRUG DEALCongratulations! The Jury...or perhaps the jury foreman and a few cohorts are wisely sending a message.They are telling these "low lives" like the convicted, "Do drugs in our town and we'll put you in a cage until you die."Of course, what they mean is illegal drugs... especially crack. Tylenol, aspirin, and Advil...not to mention prescription pharmaceuticals, kill more people every year than all the illegal drugs combined. Yet we pour gargantuan amounts of cash and lives into the subduing of what someone decided should be illegal drug use, as opposed to legal drug use. What's with that? Is this hideous display of unrighteous anger and hatred rooted in some sort of racism, or class/caste, or quasi-religious thing, or just misplaced fear? Some of the people convicted of drug crimes, if not all, are addicted to the drug they have "trafficked". How are we helping anyone by sending these incredible “messages” of hatred and fear... totally destroying any hope the convicted might have of life and putting them into prisons to be used for slave labor and God knows what for the rest of their miserable lives? You’re using human life to “send a message” into the ether…not your life, but someone else’s. You are sacrificing a real human's life to send your message. There has to be a better way and a better "message". Most of the people you think of as "low lives" never give your special messages to them more than a passing thought, if at all. They have surviving and living to do. You don't like the way they survive and live? Lock them up. Lay the kindness and gentleness and wisdom and freedom of Christ* on them. You have the power. That'll teach them. (*Well not exactly the kindness and wisdom of a God or teacher that many of the jurors might claim to follow. But their deeply twisted, perverted version of it anyway.)You people know not what you do. 
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Comment #1 posted by Dankhank on November 01, 2004 at 08:28:34 PT
Fija
"Sometimes over-criminalizing something is detrimental because if the sanctions are too draconian, given social views, prosecutors are reluctant to prosecute and juries are reluctant to convict," Allen said.That's FIJAhttp://www.fija.org/
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