cannabisnews.com: Presentation Addresses Marijuana Law Confusion





Presentation Addresses Marijuana Law Confusion
Posted by CN Staff on December 04, 2004 at 16:43:43 PT
By Kate Schuman, Staff Writer
Source: Maneater
Added confusion about Columbia’s recently altered marijuana laws has added significance to a presentation encouraging students to know their legal rights. The MU chapter of the National Organization for the Reform of Marijuana Laws held its annual “Know Your Rights” presentation Thursday night, only a month after Propositions 1 and 2 passed.
Proposition 1 allows the use of medical marijuana for seriously ill patients who have consent from a doctor. Proposition 2 directs misdemeanor marijuana possession charges to municipal court, allowing students convicted of these charges to retain eligibility for financial aid. MU NORML President Amanda Broz said NORML and Students for Sensible Drug Laws hold similar presentations every year to help inform students of their rights at traffic stops or other encounters with local law enforcement. Broz said because of the passage of the new propositions and the ensuing confusion about which law enforcement agencies in Columbia are following the new ordinances, more students would likely take interest this year. “I expected more questions tonight because of the new propositions,” Broz said. “People wonder if it gives you more leniency and where it is applicable.” The presentation featured Columbia attorney Anthony Phillips, who discussed general rules for dealing with law enforcement. Phillips explained why local law enforcement agencies were or were not following the ordinance and what that meant for people who were arrested. “It’s important for people to be educated on their constitutional rights and assert their constitutional rights in appropriate situations,” Phillips said. “We live in a country founded on freedom, and we have to protect that.” Phillips cautioned students that the MU Police Department was only following the proposition in cases of first-time offenders and would send subsequent offenders to county court. Concerns were raised at the meeting about MUPD’s jurisdiction and the possibility of the Columbia Police Department calling MUPD to assist in marijuana arrests, since MUPD is not bound by Proposition 2. However, both Dan Viets, a Columbia attorney and Missouri NORML coordinator, and Columbia Police Sgt. Danny Grant said local police are making a genuine effort to enforce the law. “People have brought up this clever little idea that CPD can just call another agency and have them arrest people, and then send them to state court,” Viets said. “But that is not happening. The police chief has said ‘We will absolutely not do that.’” Grant explained that MUPD and the Columbia Police Department assist each other in arrests regularly, especially in areas close to campus. However, Grant said even if MUPD assisted on an arrest off campus, Columbia police would ultimately make the arrest, meaning Proposition 2 would apply. Grant also said MU police officers are justified in making arrests off campus, but they don’t intentionally venture far from campus to make arrests. Viets said roughly 80 percent of misdemeanor marijuana arrests in city limits were made by Columbia police and added that few second-time marijuana arrests are made by MUPD. “As far as those other agencies, I do not accept that they are not obligated to follow the ordinance,” Viets said. “That still remains to be seen.” Source: Maneater, The (Columbia, MO Edu)Author: Kate Schuman, Staff WriterPublished: December 03, 2004Copyright: 2004 The ManeaterContact: forum themaneater.comWebsite: http://www.themaneater.com/Related Articles & Web Sites:SSDPhttp://www.ssdp.org/Missouri NORMLhttp://www.gstlnorml.org/Police Agencies Divided on Handling Pot Law http://cannabisnews.com/news/thread19866.shtmlAdvisory Panel Split on Ordinances http://cannabisnews.com/news/thread19807.shtmlChief Says Pot Law Tough To Interprethttp://cannabisnews.com/news/thread19798.shtml 
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Comment #5 posted by Hope on December 06, 2004 at 05:10:23 PT
If you have to talk...
talk about God and demons and injustice. They were trying to get away from me after the lovely (not) little "knock and talk" they pulled on me a few years ago. I invited them in in spite of knowing better...I was flustered and amazed that I was suspected of anything. Cops and Vampires...you gotta be careful. My husband came in about that time and stopped them from searching...which they were going to do and threatened to come back with dogs and, in their words, "Really make a mess." I followed them back to their cars talking. They were throwing 'help me' glances at one another.But I know it doesn't always work out that way. We all, innocent or innocently carrying...have to be careful of those people these days. They aren't wanting to be "helpful". Not to us, anyway.They did, howerver, set another block firmly in the foundation of my activism.
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Comment #4 posted by kaptinemo on December 06, 2004 at 03:31:47 PT:
Time for the ol' BustCard, again
If you have Adobe on your machine, go here: http://archive.aclu.org/pdf/bustcard.pdfIf not, you can read the card in your browser: http://archive.aclu.org/issues/criminal/bustcardtext.html
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Comment #3 posted by Craiig on December 05, 2004 at 04:11:49 PT
Bush
will GWB not be a bit annoyed by Columbia's relaxation of drugs laws? or since he won't be going for another election, is he not bothered?
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Comment #2 posted by 13th step on December 04, 2004 at 19:33:44 PT
Right on, doc
If the answer to "Am I under arrest?" is "No" walk away, if "Yes" stop talking.I don't know too much about that, maybe ask since you are not under arrest, may you leave. Too many cops would probably arrest you for leaving since they weren't done questioning you. I've never met a sensible, rational cop. I'm sure there's at least one out there...I hope.Too many people say way too much to police. Everyone needs to remember, NEVER admit to anything. (Old punk tune in my head now, "Deny Everything" by the Circle Jerks.)
A lot of people do not seem to know that if a cop asks for a search, never allow it. Say something to the effect of "I will not stop you from doing what you think is necessary, but I DO NOT consent to a search." So many people would not get popped if they did that. Many times I have been out and about, delivering medical goodness to those in need, and I have been pulled over. And it's always for "seat belt check, sir". And they always ask for a search..Hmmm. And I know at least 5 people who got posession charges just because they went ahead and allowed the search.
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Comment #1 posted by dr slider on December 04, 2004 at 18:04:09 PT:
student handbook
Asserting one's Constitutional rights is a red flag for cops. Better to act within those rights wisely. Avoid being the first to answer a question. Avoid answering quickly (they'll push for that) before you can consider the question. If you'd rather not answer don't, and ask your own question. If the answer to "Am I under arrest?" is "No" walk away, if "Yes" stop talking.If you are driving, be aware that for all intent and purpose, you've surrendered your rights by getting behind the wheel.
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