- --=====================_1513812298==.ALT Pubdate: Fri, 01 Apr 2016 Source: Tampa Tribune (FL) Copyright: 2016 The Tribune Co. Contact: http://tbo.com/list/news-opinion-letters/submit/ Website: http://tbo.com/ Details: http://www.mapinc.org/media/446 Author: Geoff Fox SMALL AMOUNT OF POT CAN STILL LEAD TO ARREST 4 Criteria Must Be Met to Receive Only a Citation TAMPA - A new law allowing Tampa police the option of issuing civil citations for those possessing small amounts of marijuana takes effect today. But don't be fooled. The new ordinance does not mean that everyone found with up to 20 grams of weed - about three-quarters of an ounce - will automatically avoid arrest. For instance, if you get pulled over while driving and smoking marijuana, your vehicle will still likely get searched - thanks to the lingering smell, also known as probable cause - while you sit, handcuffed, in the back of a patrol car. According to a legal bulletin sent to Tampa police officers this week by attorney Kirby Rainsberger, civil citations of up to 20 grams of marijuana will be issued only when: The subject is 18 or older. No other criminal charges are applicable from the same incident. The subject is qualified for release on his or her own recognizance. The subject has no unpaid civil citations. Besides facing possible civil citations, those who police find with less than 20 grams of marijuana, will also lose their stash, as police will confiscate it. As he patrolled the city's east side this week, Tampa police officer Tobin Myers said the new ordinance will have little effect on his job. "For us, nothing really changes," Myers said. "Our procedures, as far as how we deal with people, doesn't really change at all. "I think the point of the ordinance is good," he said. "The average citizen with a joint probably doesn't need to go to jail and have a record." Tampa City Council members on March 17 voted 5-1 to adopt the ordinance. The measure is intended to prevent offenders from having the lifelong stigma of a criminal record that can hinder job, scholarship and housing opportunities. Council members said it will also free up police and the courts. Nearly 1,900 arrests made by Tampa police last year included charges of possession of small amounts of marijuana. Before today, possession of 20 grams of marijuana or less in Tampa was a first-degree misdemeanor, punishable by up to a year in prison or probation and a $1,000 fine. Offenders also could have lost their driving license for up to one year. Under the new ordinance, offenders face a fine of $75 for a first offense. That rises to $150 for a second offense, $300 for a third and $450 for a subsequent violation. Organizations such as NORML (National Organization for the Reform of Marijuana Laws) applaud efforts to decriminalize or legalize the drug. "Tampa's ordinance is similar to those that have recently been enacted in other county municipalities throughout the state, such as in Miami-Dade county and West Palm Beach county," Danielle Keane, NORML's political director, said in an email. "Such ordinances are not new, as cities like Ann Arbor, Michigan, have imposed similar citation-only policies for several decades, and in recent years such ordinances have been imposed in larger cities like Milwaukee and Philadelphia." As with people who drive under the influence of alcohol, Myers, the police officer, said drivers impaired by marijuana can still be arrested and charged with driving under the influence. While there is no breath test available to officers to determine a marijuana user's impairment, Myers said the department's DUI unit can be called to assess a person's ability to drive. "If they shouldn't be driving, they'll be taken down to the Orient Road Jail," Myers said. On Wednesday afternoon, Myers pointed out covered MetroRapid bus stops that he said help shield users of a drug that he deemed more dangerous than cannabis: the synthetic form of marijuana commonly known as spice. Synthetic marijuana is made by taking dried plant material and soaking it in ever-changing chemical combinations. A statewide ban on spice was implemented in 2013. "With the latest batch of spice, we're seeing people with erratic behavior," said Myers, a former pharmacist. "They can't talk, they have problems breathing and some of them have seizures." In a five-day period last month, Tampa Fire Rescue crews responded to 30 medical calls about spice, a jump from 17 in all of February. Myers characterized many of the spice users he has dealt with as "combative" and sometimes zombie-like. Police are typically called about spice users because "they're in a fight with someone else or they're just tearing stuff up," he said. "It's not even remotely the same" as marijuana. - --=====================_1513812298==.ALT Newshawk: http://ww.drugsense.org/donate.htm & www.flcan.org
Pubdate: Fri, 01 Apr 2016
Source: Tampa Tribune (FL)
Webpage: http://drugsense.org/url/cD1FhYyB
Copyright: 2016 The Tribune Co.
Contact: http://tbo.com/list/news-opinion-letters/submit/
Website: http://tbo.com/
Details: http://www.mapinc.org/media/446
Author: Geoff Fox
SMALL AMOUNT OF POT CAN STILL LEAD TO ARREST
4 Criteria Must Be Met to Receive Only a Citation
TAMPA - A new law allowing Tampa police the option of issuing civil citations for those possessing small amounts of marijuana takes effect today. But don't be fooled. The new ordinance does not mean that everyone found with up to 20 grams of weed - about three-quarters of an ounce - will automatically avoid arrest.
For instance, if you get pulled over while driving and smoking marijuana, your vehicle will still likely get searched - thanks to the lingering smell, also known as probable cause - while you sit, handcuffed, in the back of a patrol car.
According to a legal bulletin sent to Tampa police officers this week by attorney Kirby Rainsberger, civil citations of up to 20 grams of marijuana will be issued only when: The subject is 18 or older. No other criminal charges are applicable from the same incident.
The subject is qualified for release on his or her own recognizance.
The subject has no unpaid civil citations.
Besides facing possible civil citations, those who police find with less than 20 grams of marijuana, will also lose their stash, as police will confiscate it.
As he patrolled the city's east side this week, Tampa police officer Tobin Myers said the new ordinance will have little effect on his job.
"For us, nothing really changes," Myers said. "Our procedures, as far as how we deal with people, doesn't really change at all.
"I think the point of the ordinance is good," he said. "The average citizen with a joint probably doesn't need to go to jail and have a record."
Tampa City Council members on March 17 voted 5-1 to adopt the ordinance.
The measure is intended to prevent offenders from having the lifelong stigma of a criminal record that can hinder job, scholarship and housing opportunities. Council members said it will also free up police and the courts.
Nearly 1,900 arrests made by Tampa police last year included charges of possession of small amounts of marijuana.
Before today, possession of 20 grams of marijuana or less in Tampa was a first-degree misdemeanor, punishable by up to a year in prison or probation and a $1,000 fine. Offenders also could have lost their driving license for up to one year.
Under the new ordinance, offenders face a fine of $75 for a first offense. That rises to $150 for a second offense, $300 for a third and $450 for a subsequent violation.
Organizations such as NORML (National Organization for the Reform of Marijuana Laws) applaud efforts to decriminalize or legalize the drug.
"Tampa's ordinance is similar to those that have recently been enacted in other county municipalities throughout the state, such as in Miami-Dade county and West Palm Beach county," Danielle Keane, NORML's political director, said in an email.
"Such ordinances are not new, as cities like Ann Arbor, Michigan, have imposed similar citation-only policies for several decades, and in recent years such ordinances have been imposed in larger cities like Milwaukee and Philadelphia."
As with people who drive under the influence of alcohol, Myers, the police officer, said drivers impaired by marijuana can still be arrested and charged with driving under the influence.
While there is no breath test available to officers to determine a marijuana user's impairment, Myers said the department's DUI unit can be called to assess a person's ability to drive.
"If they shouldn't be driving, they'll be taken down to the Orient Road Jail," Myers said.
On Wednesday afternoon, Myers pointed out covered MetroRapid bus stops that he said help shield users of a drug that he deemed more dangerous than cannabis: the synthetic form of marijuana commonly known as spice.
Synthetic marijuana is made by taking dried plant material and soaking it in ever-changing chemical combinations. A statewide ban on spice was implemented in 2013.
"With the latest batch of spice, we're seeing people with erratic behavior," said Myers, a former pharmacist. "They can't talk, they have problems breathing and some of them have seizures."
In a five-day period last month, Tampa Fire Rescue crews responded to 30 medical calls about spice, a jump from 17 in all of February.
Myers characterized many of the spice users he has dealt with as "combative" and sometimes zombie-like. Police are typically called about spice users because "they're in a fight with someone else or they're just tearing stuff up," he said.
"It's not even remotely the same" as marijuana.
- --=====================_1513812298==.ALT-- - --- MAP posted-by: Jay Bergstrom