Pubdate: Wed, 22 Jan 2003
Source: Columbia Missourian (MO)
Copyright: 2003 Columbia Missourian
Contact:  http://www.digmo.org/
Details: http://www.mapinc.org/media/2282
Author: Cynthia Goldberg

POT ORDINANCE TO APPEAR ON BALLOT

Marijuana Laws Current city ordinance: Possession of 35 grams of marijuana 
is a Class A misdemeanor, punishable by a maximum sentence of one year in 
jail and a $1,000 fine.

Current state law: Possession of less than 35 grams of marijuana is a Class 
A misdemeanor, punishable by a maximum sentence of one year in jail and a 
$1,000 fine. Possession of 35 grams or more of marijuana is a Class C 
felony punishable by a maximum sentence of seven years in prison and a 
$5,000 fine.

Proposed city ordinance: Seriously ill residents are granted the right to 
obtain, possess and use up to 35 grams of marijuana for medicinal purposes 
upon the recommendation of a physician. The ordinance would prevent police 
from sending most cases involving less than 35 grams of marijuana to any 
prosecutor other than the city prosecutor. The city prosecutor would be 
prevented from referring marijuana cases to another prosecutor or agency. 
Municipal Court cases involving less than 35 grams of marijuana would be 
punished only by fines. Maximum fines would be $25 for a first offense, $50 
for a second offense, $100 for a third offense, and $500 for a fourth or 
any subsequent offense.

A proposal for an April vote to allow seriously ill residents to use 
marijuana and to reduce penalties for those caught with 35 grams of the 
drug or less was passed by the Columbia City Council Tuesday night.

Five council members voted to put the proposed ordinance on the April 8 
ballot rather than approve an outright amendment to the city code. Only 
Sixth Ward Councilman John Coffman voted to approve the proposal without a 
popular vote.

The ordinance, if passed by voters, would ensure that patients for whom 
marijuana has been recommended by a physician suffer no punishment for 
obtaining, possessing or using medicinal marijuana. The ordinance also 
would make possessing 35 grams or less punishable only by fines, starting 
at $25 for a first offense.

A petition started by the Columbia Alliance for Patients and Education had 
enough valid signatures of registered voters and was certified by the city 
clerk on Dec. 30, which brought the issue before the City Council at its 
meeting Tuesday.

Councilman John John said passing the proposed ordinance would encourage 
the use of marijuana. But Anthony Johnson, a 25-year-old law student at MU 
and executive director of the Mizzou American Civil Liberties Union who 
proposed the ordinance, argued that the change in law will not lead to 
increased drug use.

"What this ordinance can increase is the police department's ability to 
catch harder, more serious criminals," he said.

Proponents of the ordinance argue that it would also protect the rights of 
students. Currently, students convicted of any federal or state law 
involving possession of a controlled substance are ineligible to receive 
any grant, loan or work assistance for one year after a first conviction, 
two years after a second conviction and indefinitely after a third conviction.

Joshua Judy, senator for the Missouri Students Association, said the 
current law does not give enough room for young students to make mistakes 
that they will most likely learn from.

"Under the current law, if a college student is caught with merely a small 
amount of the drug, that person would inevitably suffer for the rest of 
their life if they are no longer able to afford an education with out 
loans," Joshua said.

The ordinance would be in direct conflict with a state statute that makes 
possession of 35 grams of marijuana a felony and possession of less a 
misdemeanor punishable by both fines and jail time.
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