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CANNABIS LAW ENFORCEMENT BRINGS NEARLY $200,000 TO CARBONDALE

CARBONDALE - "Win-win-win" and "possession of cannabis" don't usually fit well in the same sentence, but in Carbondale a two-year-old city ordinance has proved there are ways to ameliorate a situation when a law has been broken. 

In March 2004, the city council passed an ordinance amendment allowing city court to try some cannabis and drug paraphernalia possession cases rather than referring them to circuit court. 

In a press release issued Wednesday, Carbondale Mayor Brad Cole called the ordinance and cannabis law enforcement program a "tremendous success."

Cole said city prosecution of 378 illegal drug possession cases from March 2004 until the end of April 2006 has brought nearly $200,000 to the city's general fund. 

"The numbers show that our efforts have been worthwhile," he said. 

Cole said the first part of the tripartite "winning scenario" is the city takes a firm stand against the use and sale of cannabis and drug paraphernalia. 

The minimum fine for breaking the ordinances is $250 with a maximum fine of $750.  First-time offenders have the option of paying the minimum fine, or of paying a lower fine of $125 and completing 25 hours of community service work within 45 days. 

Assistant City Attorney Casey Parker, who handles the cannabis cases in city court, said the ordinance seems to prevent some people from repeating the offense - at least, within city limits. 

"For some of them, especially some of the students, once they are fined, they don't repeat," she said.  "Most of our repeaters are repeat offenders no matter what."

Parker noted the fines in Carbondale are high - a good deterrent against repeat offenses.  The trade-off is the city does not send anyone to jail.  And for many people, that is worth paying a little more money. 

That, and the opportunity to have an offense listed as a city ordinance violation rather than a criminal misdemeanor. 

If an offender is eligible for court supervision, his or her record won't show even the ordinance violation, Parker said. 

"We try to give supervision if they are eligible for it," she said.  Eligibility requirements include that a defendant not already be on supervision for another case, or not have a significant number of other violations or repeat offenses. 

Cole said that is the second part of the "win" scenario.  Offenders at the lowest level of involvement - those in possession of less than 10 grams of cannabis - have "the opportunity to reconcile their actions against society without a lengthy court process and without the resulting possibility of a damaging criminal record," Cole said. 

Finally, sending minor cannabis and drug paraphernalia offenses to city court helps alleviate some of the burden from the circuit court system without overburdening the city. 

Cole said part of his goal in promoting the ordinance was for the city to answer "Jackson County's call for assistance in dealing with public safety costs"

Jackson County State's Attorney Michael Wepsiec noted that skimming off the little offenses helps reduce the workload for his office and gives those with minor offenses a chance to keep a clean record. 

"It cuts down on the crime lab's work load, too" he said, noting that prosecution of cannabis offenses requires official testing of the suspect substance by the state police crime lab. 

Offenders who admit breaking the law and go to city court - especially those first-time offenders who are eligible to use the city's pay-by-mail option - save the labs the trouble of proving the cannabis is cannabis. 

"The cases are intermixed with everything else," Parker said, adding that the addition of the cannabis cases is not overwhelming the city court docket. 

"I'm very happy with the ordinance," she said.  "There was a need for it."

Parker said the need was communitywide.  She said she was initially surprised by the age of many offenders, but has since gotten used to seeing repeat offenders over 35 years old. 

"This is a program that fits within our communitywide policing efforts - - it is not just something focused on young people or college students," Cole said.  "I think it is fair to say that the 'win-win-win' scenario was accurate."