Pubdate: Tue, 08 May 2012
Source: Charlottesville Daily Progress (VA)
Copyright: 2012 Media General Newspapers
Contact:  http://www.dailyprogress.com/
Details: http://www.mapinc.org/media/1545
Author: Graham Moomaw

CHARLOTTESVILLE COUNCIL OKS MARIJUANA RESOLUTION

After a wide-ranging, hour-long discussion of marijuana policy, the 
Charlottesville City Council voted Monday night to approve a 
resolution calling on the state of Virginia to revisit its pot 
possession policies.

Councilors were split on the issue, with some voicing concerns about 
whether a broader resolution that defined marijuana possession as a 
low priority for police would send the wrong message to children.

At least two councilors supported the stronger resolution, but they 
picked up the third vote needed by narrowing the resolution down to a 
single paragraph.

The council voted 3-2 to "call on the Virginia General Assembly and 
the Governor of Virginia to revisit the sentencing guidelines that 
merit jail terms for simple possession, do away with rules that 
suppose intent to distribute without evidence and give due 
consideration to sponsored state bills that would decriminalize, 
legalize or regulate marijuana like alcohol."

"I think it's perfectly legitimate for us to say as an elected body 
that there are other priorities and that we're going the wrong 
direction when it comes to the war on drugs," said Councilor Dave Norris.

"Obviously, we don't have the power to decriminalize marijuana, but I 
think it does send the message actually in support of those who can," 
said Councilor Dede Smith.

"I think that decriminalization has more to with regulation and 
control than it does with saying it's OK," said Councilor Kristin 
Szakos, the swing vote who suggested the one-paragraph compromise.

Mayor Satyendra Huja and Councilor Kathy Galvin opposed the original 
resolution, and voted no on the single-paragraph version.

"I think passing such a resolution ... would detract from community 
health, safety and welfare of our citizens," said Huja.

"I honestly cannot think that this bully pulpit can be used to send 
such mixed messages to our children," said Galvin. "... We are 
spending a lot of time talking about state and federal law. This is 
not something we should be spending local time doing."

Galvin suggested she might support the single paragraph if minor 
tweaks were made, but said all her concerns couldn't be soothed Monday night.

The city police department suggested councilors defer action on the 
deprioritization measure.

"The officers in the police department are duty bound to enforce the 
laws of the city, state and federal governments. However, all police 
departments must balance the pressing enforcement needs of a 
community with their resources," read a memo to councilors from City 
Manager Maurice Jones and city Police Chief Timothy J. Longo. "The 
Charlottesville Police Department has done exactly that by utilizing 
its funding to appropriately address higher priority crimes in our 
city than marijuana possession. Knowing this, staff believes it is 
unnecessary to include a directive from council to de-prioritize the 
enforcement of personal marijuana use."

City officials insist marijuana possession is already a low priority. 
Statistics provided by the police department show that the city doled 
out 113 charges for marijuana possession in 2011, or roughly 2.2 
percent of the 5,040 total charges for the year. Over the past five 
years, the city has averaged nearly 100 possession charges per year, 
with no major trends in either direction.

"They're not huge numbers," Longo said at the meeting.

The police department's records system cannot distinguish whether 
marijuana possession was a primary or secondary charge in those 
cases, but officials claim that a "great majority" of the possession 
charges occurred when police found pot while making an arrest on 
another charge.

"Statistically, I don't think we have an argument here that it's 
taxing the resources of law enforcement," Longo said.

Under Virginia law, possession of marijuana is classified as a 
misdemeanor carrying punishment of up to 30 days in jail and/or fines 
of up to $500. Subsequent convictions carry a jail sentence of up to 
a year and/or fines of up to $2,500.

The City Hall memo also includes statistics intended to show that 
people charged with marijuana possession are more likely to be 
convicted of another crime and less likely to successfully complete probation.

Based on data covering three years, the probation success rate for 
marijuana-possession cases was 69 percent, compared with 85 percent 
for all cases. The re-conviction rate for marijuana-possession cases 
was 42 percent, compared with 24 percent for all cases.

"As evidenced by the data there is concern that the notion of 
decriminalizing or legalizing marijuana may well have an impact on 
both mental and public health resources; thus, we would strongly 
encourage that before council takes any action on this matter that 
those resources be consulted and their opinions carefully 
considered," the memo concludes.

When the public comment period opened Monday night, six consecutive 
people speaking on the marijuana issue urged councilors to vote 
against the resolution.

Many of those opposed to the resolution described their struggles 
with addiction, characterizing marijuana as an insidious drug that 
robs addicts of personal responsibility and true happiness. Others 
were more blunt.

"Charlottesville will become the city of potheads," said city 
resident Melanie Roberts.

Former tea party leader Carole Thorpe, speaking on her own behalf, 
warned the council against politicizing the police department, 
likening to the situation to what she described as a lack of law 
enforcement - at councilors' direction - during the Occupy 
Charlottesville encampment in Lee Park.

"Whether the majority political orientation of our governing party is 
Democrat or Republican ... I see a great danger in that body using 
the police department in any manner to promote its political agenda 
or fight the other side," Thorpe said.

Local attorney Jeff Fogel rejected Thorpe's conclusion, saying city 
voters elect council representatives to reflect local priorities 
regardless of what police headquarters may want.

"I don't think we elected the police department to make policy or law 
in this community," Fogel said. "And you know what, I'm not sure the 
police department does either."

Fogel called the war on drugs a "colossal failure" that leads to 
violence in the streets.

The idea for the resolution was brought to the council by Jordan 
McNeish, a 23-year-old activist formerly involved with the Occupy 
Charlottesville movement who has since founded a local chapter of the 
National Organization for the Reform of Marijuana Laws. McNeish has 
openly acknowledged that he has had past legal trouble involving 
marijuana possession.

Though a resolution was passed, councilors stressed that marijuana is 
still illegal in the city of Charlottesville.
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MAP posted-by: Jay Bergstrom