Attorney says pot penalties being misapplied in Columbia, MO
COLUMBIA, Mo. (AP) - A Columbia lawyer says a local ordinance that treats marijuana possession as a municipal violation isn't being followed by Boone County sheriff's deputies patrolling within city limits.
The Columbia-based Missouri Civil Liberties Association says the sheriff and the county prosecutor are disregarding the intent of city voters who approved the change in 2004.
Columbia's ordinance treats possession of up to 35 grams of marijuana as a misdemeanor. Violators are usually released with a summons to appear in court rather than placed under arrest.
Columbia attorney Dan Viets says sheriff's officers are instead arresting pot users in the city under more stringent state laws, and Knight is not downgrading those cases to municipal status.
The sheriff and prosecutor did not immediately respond to requests for comment on Thursday.
City alderman approve lesser penalties for marijuana possession
Lighting up a joint may not land a pot smoker in the joint anymore in St. Louis city.
The Board of Aldermen voted 22-3 Monday to reduce penalties for possessing small amounts of the drug. Alderman Shane Cohn introduced the ordinance that would reduce the penalty for carrying pot to a municipal offense. That means police officers would not be required to arrests offenders, but could just issue a summons to municipal court.
The bill, which was introduced earlier this year by Alderman Shane Cohn, also enables police to recognize patients with “valid legal prescriptions for medicinal marijuana.” State law does not recognize so-called medicinal marijuana.
Violators would typically be given a summons to appear in municipal court instead of handcuffed and put in the back of a police car. Police currently charge marijuana offenders under more harsh state laws because no local law is on the books.
Currently under state law, first offenders who are caught with a small amount of marijuana — from a gram to 35 grams— are given a misdemeanor, punishable by up to a year in jail and a $1,000 fine. A second offense for possession of more than 35 grams is considered a felony.
The penalty for a violation of the proposed city ordinance would be a $100-$500 fine and up to 90 days in jail.
Some Missouri lawmakers want to reduce pot penalties
Under a bill outlined Thursday, first-time offenders for marijuana possession would be allowed to do community service and avoid jail. If offenders complete the sentence, the convictions would be removed from their record.
Rep. Rory Ellinger, a criminal defense attorney and Democrat from St. Louis, said the legislation would help people with marijuana convictions in their youth get jobs later by not having to disclose the conviction.
Ellinger said the measure could save the state money by keeping first-time drug offenders out of jail.
The new sentencing structure would apply only to people carrying less than 35 grams of marijuana.
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