Source: Columbia Daily Tribune (MO) Copyright: 1998 Columbia Daily Tribune Contact: http://www.trib.net/forms/formletter.htm FAX: (573) 815-1701 Mail: P.O. Box 798, Columbia, MO 65205 Website: http://www.showmenews.com/ Pubdate: Sat, 26 Dec 1998 Author: George Mazurak of the Tribune’s staff MAYOR URGES CAUTION ON MARIJUANA CASES Police Chief Says Aggressive Stance Is Warranted. A new and aggressive police philosophy means someone caught with a small quantity of marijuana in Columbia this year had a much greater chance of being taken to jail than in the past. But mayor Darwin Hindman said Wednesday that he believes the city ought to be "very careful" in deciding whether such a harsh approach is warranted for first-time marijuana offenses. One result of the tougher stance on drugs drew fire from three other members of the Columbia City Council on Monday. They challenged a police emphasis on pursuing misdemeanor marijuana cases in state court rather than in Municipal Court. Norm Botsford, who became police chief last year, said he had not issued any department mandate that officers pursue those cases in state court. But officers "have been given the freedom" to pursue prosecution of drug offenses in state court, he said. "We’ve discussed on numerous occasions that we have a different philosophy on drugs," Botsford said this week. "In our opinion, and as far as the law currently is, controlled substances, including marijuana, are illegal and the laws ought to be enforced fairly and prosecuted fairly." One of Botsford’s first administrative acts was to create a special narcotics enforcement unit of one sergeant and five officers who concentrate solely on drug interdiction. Officers on patrol, however, also adopted the tougher approach. Following a suggestion by commanders of both city police districts, officers have been handcuffing and taking drug offenders to the Boone County Jail, west district commander Capt. Marvin McCrary said. "People will not walk out anymore with a ticket," McCrary said. "We’ve wanted them to know they’d been arrested. We’ve wanted them to know they’d been bothered." Jail administrator Warren Brewer said inmates held for misdemeanor drug offenses have no significant impact on crowding at the jail, which by the end of the year will have paid about $600,000 a year to incarcerate inmates in other counties or at Reality House. McCrary said the drug philosophy and its implementation are driven by public input. "We’re the ones who have to listen to the citizens of the city complain," he said. "We’re going to keep doing what we’re doing until we hear different from the chief." Police figures released Wednesday show that officers made 313 arrests this year for misdemeanor marijuana offenses under state law. They wrote only five summonses for prosecution under city ordinance. In 1997, officers made 168 arrests for prosecution under state law and issued 113 summonses to Municipal Court. "That’s a heck of a difference," said Sgt. Dean France, a 21-year department veteran who was surprised at the decline in the number of summonses issued. Sgt. Ken Gregory said police and "the city at large realize we’re taking a much stronger stance on drugs, and this is part of that." Possessing less than 35 grams of marijuana is considered a class A misdemeanor in the city ordinance and in state law, but a city violation isn’t routinely recorded in a statewide computer system used by police and prosecutors. Three members of the Columbia City Council on Monday said police should be pursuing more misdemeanor marijuana cases in Municipal Court instead of state court. First Ward councilwoman Colleen Coble said the existence of the 1985 city ordinance shows that the council intended that police use the city ordinance to prosecute those caught carrying small amounts of the drug. Hindman said Wednesday he doesn’t believe the ordinance itself "expresses a preference" that misdemeanor marijuana cases be dealt with in Municipal Court. But, he said, "I think the council probably could urge the police to file in the Municipal Court." Hindman said he had not yet made up his mind, but he’s placing stock in a perspective some people have shared with him. "This is a community full of young people with clean criminal records who find themselves in state court over a first possession of marijuana, or something of that nature, which is probably a young person’s experimentation," Hindman said. "I think we ought to be very careful what we do with the rest of that person’s life. Our policy should be taking that into consideration." Previous police administrations have primarily targeted violent crime associated with controlled substances. That resulted in a focus on crack cocaine. But police Capt. Tom Dresner said he believes former department commanders wanted "to de-emphasize narcotics arrests, in general." The philosophy "was more reactionary," Dresner said. "Now, the emphasis is much more proactive." - --- Checked-by: Richard Lake