Pubdate: Thu, 24 Apr 2003
Source: Seahawk, The (NC Edu Univ of North Carolina - Wilmington)
Copyright: 2003 The Seahawk
Contact:  http://www.theseahawk.org/
Details: http://www.mapinc.org/media/2798
Author: Sarah Broders & Rebecca Riley

MARIJUANA MISDEMEANOR

Recent decisions made by lawmakers have once again brought up the question: 
Will marijuana become legal?

The legalization of marijuana in certain states for medicinal use, the 
question put on one state's ballot concerning legalizing marijuana for 
personal use and the decision to make financial aid unavailable to 
individuals with drug convictions have brought up the ongoing debate once more.

The first exception that lawmakers allowed was for marijuana to be used for 
medical use in certain states.

Although the federal government has outlawed marijuana, there are currently 
eight states in the U.S. that allow marijuana to be used for medicinal 
reasons: Nevada, Alaska, Hawaii, California, Maine, Oregon, Washington and 
Colorado. Research has shown that marijuana might ease certain pains and 
even help cancer patients regain their appetites temporarily.

This past September, Nevada took the first step towards possibly legalizing 
marijuana for personal use, by putting a question on their ballot that 
would allow adults to possess up to three ounces of marijuana for personal 
use. It did not pass.

"With the current crop of politicians in North Carolina, it's not likely 
that marijuana will be legitimately decriminalized, but the possibility is 
there for the near future," said Paul Ricardo, a spokesman for the National 
Organization for the Reform of Marijuana Laws.

Sgt. Lockame, crime solvers chief for the Wilmington Police Department, 
said that he thinks the decriminalization of marijuana would have negative 
effects in North Carolina.

Almost 47 percent of Americans said that they had tried marijuana at least 
once in their lives, according to a survey conducted by CNN in October of 
2001. North Carolina State University's student paper, [italics] [the 
Technician] [italics], conducted a poll last November and found that 68 
percent of N.C. State students felt that marijuana should be legalized 
while only 32 percent felt that it should not.

According to David Donaldson, the chief of the UNCW police department, less 
than half an ounce is a class 3 misdemeanor. Between half an ounce and one 
and a half ounces is a class 1 misdemeanor, and over one and a half ounces 
is a felony. You can get up to two years in prison for a misdemeanor, he said.

Paraphernalia possession is considered at least a class 1 misdemeanor. "The 
penalty can actually be greater for having paraphernalia," Donaldson said.

Captain Pulley of the New Hanover County Sheriff's Department added, "If 
it's broken up into nickel or dime bags separately, then it's a felony."

"We encounter marijuana fairly regularly," Donaldson said. He said that 
this year, from Jan. 8 to Feb. 12, there were 12 cases of marijuana 
possession on campus, and 5 cases of paraphernalia possession on campus. In 
fact, police arrest more people nationwide for marijuana possession than 
any other drug.

If caught possessing marijuana or paraphernalia, a student is referred to 
the Dean of Students. The student may or may not be criminally charged, 
depending on the situation and circumstances.

"Our intent is to solve the problem ... you are going to be referred to the 
Dean of Students, then the question is, are there going to be criminal 
charges," Donaldson said.

The widespread use has led many to believe that marijuana could possibly be 
legalized in the future.

"Marijuana is so commonly used it might as well be legal. I don't think any 
crime or death rates will go through the roof if it were decriminalized. I 
think people will get used to it," said junior Chris Waldrop.

It is unlikely that North Carolina would legalize marijuana because "North 
Carolina's views tend to mirror the federal government's," Donaldson said.

An issue of particular relevance for UNCW students is a statute that 
prohibits students with drug convictions from receiving financial aid.

When asked if it would be fair to provide a student who had a previous drug 
offense with financial aid, junior Heather Farrow said, "Yes; people 
deserve a second chance. If someone slipped up once and got busted, it 
could mess up their whole life because sometimes it's impossible to go to 
school without financial aid."

However Farrow can also see the position of proponents of this statute. "I 
can understand not granting scholarships and grants to drug offenders," 
Farrow said. "If they can reimburse left over aid for drugs it creates a 
problem. I work hard for my money to go to school with, it would piss me 
off to see someone smoking theirs away."
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