cannabisnews.com: MU Differs on Pot Law MU Differs on Pot Law Posted by CN Staff on November 11, 2004 at 13:02:28 PT By Dave Moore of the Tribune’s Staff Source: Columbia Daily Tribune A new voter-approved city ordinance intended to prevent college students from losing their scholarships and financial aid might not help them if they’re arrested by University of Missouri-Columbia police.MU police Chief Jack Watring said today he would send repeat marijuana offenders’ cases to state court, which isn’t consistent with Proposition 2, which was approved Nov. 2 by voters. Proposition 2 declares that all misdemeanor marijuana cases should be handled in Columbia Municipal Court and that the maximum punishment be a $250 fine with no state criminal record.Watring said he would likely direct cases of offenders with multiple violations to the office of Boone County Prosecuting Attorney Kevin Crane, who enforces state law.State law considers the possession of less than 35 grams of marijuana a Class A misdemeanor that is subject to a fine of up to $1,000 and a year in jail.Crane has said, "If you have an offender who has habitually broken the law, we’ll view that frequent flyer differently than the younger, first-time offender." Repeat offenders are likely to be prosecuted under state law if their cases land in his office, Crane said.Even before the ordinance passed, both city and MU police directed first-time marijuana offenses to municipal court, where convictions don’t result in state criminal records. Subsequent offenses have been directed to state court.On the heels of the Nov. 2 vote, however, arrests for misdemeanor quantities of marijuana by Columbia police are guaranteed to stay in municipal court. The ordinance is not legally binding on MU police.The 61 percent approval of Proposition 2 places the university police in an unusual position, Watring said."By state statute, we are state police officers, and we are authorized by state statutes," Watring said. "We also have a city commission and county commission. We’re in a kind of a unique situation. I don’t think it will affect us hardly at all, but I’ll have to consult with our folks here - our legal counselors."Dan Viets, a member of the group that pressed the initiative proposals on the ballot, said, "Our position is that the MU police should follow the law, and the law in Columbia is that misdemeanor marijuana cases should go to municipal court.""The reality is that MU probably doesn’t see as many people with multiple marijuana convictions as Columbia police see," he said. Yesterday, the city announced its new policy on how it will handle marijuana cases. City prosecutors will defer prosecution on first-time offenses for a year. That charge would not be filed unless that individual again breaks a law, other than a minor traffic violation, within a year of the marijuana offense.The city prosecutor’s office would file charges on subsequent violations, and the resulting sentences would be imposed by Municipal Judge Bob Aulgur without hearing recommendations from prosecutors."I won’t comment on cases that come before me," Aulgur said. "I will follow the law. That’s all I can say."Aulgur’s options for sentencing are community service, drug counseling and fines.City Prosecutor Rose Wibbenmeyer said her office enacted the spirit of the ordinance the day after the election. "We’ve already got 35 cases already on deferral since Election Day," she said. Note: Proposition 2 won’t affect campus cops.Source: Columbia Daily Tribune (MO)Author: Dave Moore of the Tribune’s Staff Published: Thursday, November 11, 2004Copyright: 2004 Columbia Daily TribuneContact: editor tribmail.comWebsite: http://www.columbiatribune.com/Related Articles & Web Site:Missouri NORMLhttp://www.gstlnorml.org/Chief Says Pot Law Tough To Interprethttp://cannabisnews.com/news/thread19798.shtmlColumbia Changes How MJ Cases are Handledhttp://cannabisnews.com/news/thread19792.shtmlOfficials Mull Effect of New Pot Law http://cannabisnews.com/news/thread19779.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by John Tyler on November 12, 2004 at 06:54:38 PT New rules in place If MU police Chief Jack Watring can't understand the new rules his superiors should advise him right away. If he still doesn't understand he should be replaces. [ Post Comment ] Comment #3 posted by afterburner on November 11, 2004 at 20:28:11 PT fear of flying "frequent flyer," says Boone County Prosecuting Attorney Kevin Crane, who enforces state law. Don't worry, Mr. Crane, you won't crash. "The unbelievable lightness of being" is not for the feint of heart. The state should get out of the medicine cabinets and medicine pouches of the cityzens. [ Post Comment ] Comment #2 posted by global_warming on November 11, 2004 at 14:53:22 PT Worth Repeating Lets get the police out of the marijuana business and lets get the health sector involved, smoking marijuana is a health related problem, it should not be a legal problem.Docs not Cops... [ Post Comment ] Comment #1 posted by siege on November 11, 2004 at 14:49:44 PT Hay slave wake up. "By state statute, we are state police officers:: Deep awareness of the suffering of another coupled with the wish to relieve it. Where do you get off dumb persons, IT looks like the lot of you will be looking for work shorty. when these people stand up for what they did. Then what will you SAY !! [ Post Comment ] Post Comment