Pubdate: Sun, 09 Sep 2012
Source: Springfield News-Leader (MO)
Copyright: 2012 The Springfield News-Leader
Contact: http://getpublished.news-leader.com/Forms/LettersToEditor.php
Website: http://www.news-leader.com/
Details: http://www.mapinc.org/media/1129
Author: Michael Gulledge

REPEAL EFFORT THREATENS SPRINGFIELD MARIJUANA LAW

Council Will Consider Various Options, Including Ending the Measure

The City Council will discuss four amendments to the newly passed 
marijuana decriminalization bill on Monday, one of which would repeal the law.

The petition initiative was passed by the council Aug. 27 with the 
immediate intent to amend the bill to, at the least, remove illegal 
portions. However, four council members have co-signed an amendment 
to do away with the initiative entirely.

"I stand on the side of full repeal," Councilman Thomas Bieker said. 
"I didn't get my name in in time to be a co-sponsor."

Council members Jerry Compton, Jan Fisk, Jeff Seifried and John Rush 
co-signed the repeal amendment. Three other amendments have also been 
submitted for consideration, including one, sponsored by Councilman 
Doug Burlison, that seeks to remove the oversight committee 
requirement that has been determined to be illegal.

Mayor Bob Stephens is listed as the sponsor of two amendments, both 
of which remove the oversight committee and expungement, thought also 
to be illegal by the city. One amendment leaves the fine at $150, 
while the other raises the fine to $450.

"Three of the ideas that came out - they weren't necessarily mine," 
Stephens said. He submitted amendments from a council discussion to 
provide options.

"I'm taking a wait-and-see attitude on this one," he said.

Burlison has supported the petition initiative through its inception 
and does not want to see the bill gutted.

"I'm very concerned that the spirit of the petitioners is not going 
to be honored," Burlison said of the possible amendments.

He said most members likely have a mindset against marijuana instead 
of the bill itself, a viewpoint he can see.

"Multitudes of people have invested themselves in policy (against 
drugs)," he said. "I had hope that people would maybe set aside their 
institutional mindsets and explore the information that's actually in 
front of us."

Burlison noted that the public town hall meeting he held to answer 
questions about the ordinance was a chance for council members to 
participate with the discussion. No other council members attended.

Council members in favor of full repeal cited a variety of reasons 
for their position.

"It wants to sidestep state law, which I think is totally improper," 
Councilwoman Cindy Rushefsky said.

Bieker, along with Compton, cited the concerns of the police as a 
reason for repeal. Springfield Police Chief Paul Williams and Greene 
County Prosecutor Dan Patterson spoke to the council in August about 
their concerns with the ordinance.

"They've said this is a necessary piece of legislation that we cannot 
remove from their toolbox," Bieker said. "I will not remove a tool 
that hinders their duties."

The council passed the initiative in part to save the cost of adding 
it to the November ballot. If the council had not passed the bill, it 
would have gone to the voters to decide. If voters approved it, a 
unanimous vote would have been required by the council six months 
after passage to change the bill, including its illegal portions.

"There's no point in spending a lot of money to have it voted on by 
the people," Rushefsky said.

Maranda Reynolds, the petition organizer, said she would speak 
against full repeal of the petition at Monday's meeting.

"Passing the ordinance purely for the purpose of repealing it or 
gutting it completely destroys the purpose of the petition process," she said.

Burlison agreed, saying, "I'm just a little disappointed with 
strategy that would vote for something with the mindset of damaging 
that ordinance when it's all said and done. I'm not sure that's what 
the city charter actually intended."

However, Rushefsky said the initiative process had gotten "out of 
hand." She said the process doesn't work through items in a way that 
makes sense under law and should be revised.

Stephens said the process of a petition is to get an issue before the 
council, which then can choose where to send it.

The Council is planning to hear public opinions on Monday and vote on 
the amendments at its Sept. 24 meeting, despite bill language that 
includes an emergency declaration that allows the council to vote in 
one meeting.

Should the council choose to repeal the ordinance, Reynolds said 
there are a variety of options her organization is considering, 
including litigation, another petition or a referendum petition, 
which would bring the council's changes to voters to approve.

"The matter here, though, is people aren't going to give up on this," 
Reynolds said. "We're not just talking about my organization. We're 
talking about the people my organization represents."

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[sidebar]

The four options

* Total repeal of the marijuana petition initiative. Sponsored by 
council members Jerry Compton, Jan Fisk, Jeff Seifried and John Rush

* Remove two illegal portions - the citizen oversight committee and 
expungement - and increase the fine to $450. Sponsored by Mayor Bob Stephens

* Remove two illegal portions - the citizen oversight committee and 
expungement - but leave the fine at $150. Sponsored by Mayor Bob Stephens

* Remove the citizen oversight committee requirement and leave the 
rest as is. Sponsored by Councilman Doug Burlison (he doesn't want to 
remove the expungement provision until an opinion from the state 
attorney general's office is available)
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MAP posted-by: Jay Bergstrom