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DRUG POLICY GETS SMARTER IN VOLUSIA

You don't have to condone illegal drug use to recognize that it makes no sense to brand someone a criminal for possession of less than an ounce of marijuana.  Especially if the offender is a young person, the resulting arrest and criminal record could be a barrier to future success in life.

Such concerns motivated Volusia County Council member Joshua Wagner to champion an ordinance that decriminalizes getting caught with a small amount of marijuana.  So instead of an arrest, court appearance and hefty fine or possible jail time, the penalty for possession of 20 grams ( 0.7 ounces ) or less of marijuana in unincorporated Volusia will now usually result in a $100 fine, but no criminal record.  The ordinance takes effect in April.

Wagner thought the measure might be more controversial than it proved to be.  He got only one negative comment.  "I think the community is saying this is what we want, and the government is [lagging] behind," Wagner told the Orlando Sentinel.

Polls in Florida and elsewhere seem to confirm his view.  In fact, in a recent nationwide Gallup poll, 58 percent of respondents favored legalizing marijuana.  That is a debate for another time.  Decriminalizing possession of small amounts of marijuana falls far short of legalization.

Under the Volusia ordinance, marijuana use isn't being promoted or excused.  Most people would consider a $100 fine as punitive.  The ordinance also grants law-enforcement officers discretion in how they handle an offense.  If a violator is unruly or uncooperative, the charge could be bumped up to a misdemeanor crime.  Then, the punishment would likely be more severe.

One confusing element is exactly where the ordinance applies.  Cities in Volusia County operate under different ordinances, but the county patrols the beaches.  So being caught with a marijuana cigarette on the sand would likely be a civil infraction, but step over the sea wall in Daytona Beach, for example, and it could become a criminal offense.

This isn't the first such ordinance in the state.  Similar laws exist in Miami-Dade, Palm Beach and Broward counties, and in the cities of Miami Beach, Hallandale Beach, Key West and West Palm Beach.  A similar ordinance in Tampa is awaiting a final reading before it becomes law, and a few other cities and counties are considering such measures.

Missing from the debate are Central Florida communities.  Orange County government has no plans to take up the issue, according to a spokesperson.  Orlando Mayor Buddy Dyer has directed city staff to research the pros and cons of such an ordinance, though no date has been set for a decision, a spokesperson said.

Despite decades of strict enforcement and harsh punishment, illegal drug use in on the rise in the United States.  In particular, marijuana use is up by more than a third since 2007.  It is increasingly common for teenagers to experiment with marijuana, and while there is risk involved, most go on to become productive adults.  A marijuana arrest and conviction, however, can derail a young life.

Tampa Police Chief Eric Ward understands the tradeoff and supports his city's proposed ordinance.  "There's no need for someone to get involved with the criminal justice system when they make a bad decision involving a small amount of marijuana," Ward told the Orlando Sentinel.

The Volusia County Council and other city and county governments that have faced the issue head on should be commended for bringing compassion and common sense to drug enforcement.  Decriminalizing possession of a few marijuana cigarettes doesn't promote drug use.  It promotes a second chance for those who make a mistake.