cannabisnews.com: Chief Says Pot Law Tough To Interpret





Chief Says Pot Law Tough To Interpret
Posted by CN Staff on November 10, 2004 at 08:27:31 PT
By Luke Distefano
Source: Columbia Missourian 
When Proposition 2 passed overwhelmingly on Election Day, marijuana possession became Columbia law enforcement’s lowest priority. But it’s not clear to police exactly how they are supposed to adjust to the change in the law.Columbia Police Chief Randy Boehm said the initiative’s passage doesn’t really change the police department’s approach. “I don’t know exactly what (lowest priority) means,” Boehm said. “It’s open to interpretation.”
Boehm and representatives from the department and the city prosecutor’s office met Monday to discuss changes as a result of the new city ordinance. The initiative’s passage means that all misdemeanor possession cases will now be handled in Municipal Court, rather than state court. It also lowers the maximum punishment to a $250 fine.Boehm said most arrests for marijuana possession stem from some other suspected violation of the law, such as a traffic stop or a domestic disturbance. He doesn’t expect that to change, although the process subsequent to finding marijuana will be different.“The ordinance requires that cases would be a summons only,” he said. “So we would issue a summons at the scene instead of taking someone into custody.”Boehm said cases that were normally referred to state court — a second offense or a case involving a search warrant, for example — would also now require only a summons.About half of first-offense marijuana possession cases are already sent to municipal court, said city prosecutor Rose Wibbenmeyer. Proposition 2 will increase the number of possession cases handled by Wibbenmeyer and will also place new limits on penalties levied in pending cases.“The law will apply once election results are certified,” she said. The new ordinance will not apply to cases already disposed, in which the judge has already handed down a fine or other punishment.“Those are over and done with,” Wibbenmeyer said.Perhaps the biggest change is the fact that people might have to face two different tickets if they are also caught with paraphernalia. The city and state have different definitions of paraphernalia. The city considers paraphernalia to be a device used to ingest drugs, such as a pipe. State law applies a broader definition to drug paraphernalia.“Something like scales with residue, under state law, that counts,” Wibbenmeyer said.Proposition 2 could also cost taxpayers more money in certain cases in the form of “an extra layer or two of hearings,” Wibbenmeyer said. Defendants who lose cases at the Municipal Court level can appeal to the state court, then the Court of Appeals.“If somebody wanted to proceed that way, it could cost more, but we rarely see that,” she said.Boehm said Columbia Police will not see any increase in their costs because of the ordinance. Proposition 2 will have lesser impact on marijuana possession cases handled by the MU police. “I don’t see it changing anything we do,” said MU Police Chief Jack Watring. “Right now, we send our misdemeanor possession cases to municipal court, and we always have.”Note: Randy Boehm and others in law enforcement confront how to implement Proposition 2. Source: Columbia Missourian (MO)Author: Luke DistefanoPublished: November 10, 2004 Copyright: 2004 Columbia MissourianContact: editor digmo.com Website: http://www.columbiamissourian.com/Related Articles & Web Site:Missouri NORMLhttp://www.gstlnorml.org/Columbia Changes How MJ Cases are Handledhttp://cannabisnews.com/news/thread19792.shtmlMarijuana Measures Pass Handily http://cannabisnews.com/news/thread19765.shtmlBoth Pot Propositions Pass by a Large Marginhttp://cannabisnews.com/news/thread19763.shtml
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Comment #4 posted by JustGetnBy on November 10, 2004 at 17:49:00 PT
     Whiner
  Top cop say's............................................ Waaaaaa Waaaaaa  Waaaaaa I dont't like whats going on, Waaaaa  waaaa waaaa.  Cry all you want LEO, we have a fresh deck, and were comin on strong.
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Comment #3 posted by mayan on November 10, 2004 at 17:13:15 PT
What A Dolt
Columbia Police Chief Randy Boehm said the initiative’s passage doesn’t really change the police department’s approach. “I don’t know exactly what (lowest priority) means,” Boehm said. “It’s open to interpretation.”It means stop harassing cannabis users, you dolt! 
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Comment #2 posted by The GCW on November 10, 2004 at 16:33:34 PT
Ha ha ha
The officer doesn't get it.The kind sir should work hard to make it work! For it may be used as a model for the rest of MISSOURI.
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Comment #1 posted by siege on November 10, 2004 at 12:40:25 PT
         lowest priority 
lowest Why but to keep ye low and ignorant ? --Milton.Being near total depletion: Occupying an inferior position or place Sunk to the farthest ebb of the tide Smaller than is reasonable or probablelowestadj 1: lowest in rank or importance; "last prize"; "in last place" [syn: last, last-place] 2: minimal in magnitude; "lowest wages"; "the least amount of fat allowed"; "the smallest amount" [syn: least, smallest] 3: at the bottom; lowest or last; "the bottom price" [syn: bottom] adv : in the lowest position; nearest the ground; "the branch with the big peaches on it hung lowest"priority 1800's preceding or coming earlier in time.  An authoritative rating that establishes such precedence status established in order of importance or urgency; An established right to precedence.
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