Coolguy

City Commission to consider marijuana possession fines
Chad Lawhorn | Lawrence Journal-World | 11/07/2005

City commissioners are set to decide Tuesday how heavy the hand of the law should be in handing out fines related to a proposed city ordinance banning marijuana possession.

Commissioners at their Tuesday meeting will debate whether a new city ordinance should deviate from state law and set a minimum fine for first-time marijuana possession.

“I think it should be somewhat painful,” said City Commissioner Sue Hack. “That is the tone of the communication I’ve heard from people, too. They’re saying that it shouldn’t just be a slap on the wrist.”

Earlier this month, commissioners gave tentative approval to the idea of creating a new city ordinance that would allow first-time marijuana offenders to be tried in Municipal Court rather than Douglas County District Court. But they did not reach agreement on whether they should set a minimum fine for the offense.

Commissioners Mike Amyx and David Schauner both supported a fine, though Amyx proposed a $300 minimum and Schauner backed a fine more in the $50 range. Mayor Boog Highberger and Commissioner Mike Rundle said they believed the minimum fine should be up to the judge’s discretion. The ordinance proposes a $2,500 maximum fine, which is the same as the state law used in District Court. Under state law, the city cannot lower the maximum fine. The state law has no minimum fine.

Laura Green, executive director of the Lawrence-based Kansas Drug Policy Forum, said she hoped commissioners would not create a minimum fine.

“It would remove the ability of the judge to consider the entire person and all the circumstances,” Green said.

Green brought forward the proposal of creating a new city law that would allow marijuana possession cases to be prosecuted in Municipal Court. She has argued that because Municipal Court cases generally move quicker than District Court cases, it will allow police officers and prosecutors to be more efficient. Municipal Court convictions also do not trigger a federal provision that can stop some students from receiving financial aid.

Green has gathered research that shows only three of the 50 largest cities in the state — Overland Park, Olathe and Garden City — have passed laws that impose harsher penalties than state law. Garden City has the largest fine — 96 hours in jail and a $500 fine.

City staff members also have gathered information that shows the city does have several laws on its books that impose minimum fines — ranging from $500 for a first offense driving under the influence to $50 for a noise violation.

Commissioners will meet at 6:35 p.m. Tuesday at City Hall, Sixth and Massachusetts streets.


Penalties

Here’s a list of other Lawrence ordinances that have minimum fines that the judge must levy:



• minor in possession of alcohol: $300

• possession of fake driver’s license: $300

• unlawful hosting: $300

• driving under the influence: $500

• cruelty to animal: $100

• habitual violator of animal-at-large law: $100

• stormwater pollution: $250

• fire code violation: $100

• noise ordinance: $50

• traffic infraction: $60

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vladimir

i just might go to this meeting, sounds interesting.

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If a drug (or technique or process) were ever to be discovered which would consistently produce a plus four experience in all human beings, it is conceivable that it would signal the ultimate evolution, and perhaps the end of, the human experiment.

MrIMStoned

Only 500 dollars for drinking and driving? That seems rather lenient. Plus, aren't there any liscence suspensions?

Although I do live in the area of the world with the most strict laws about drinking and driving. Here your first offence of drinking is minimum 600 dollars and a 15 months suspension and thats only for blowing .08 or higher. 90% of the people charged with d&d in Ontario think they are completely sober. 2nd offence is 2 year suspension and 3rd offence is lifetime suspension and 2 years in prison. We don't joke around about driving drunk in Ontario.

I know this has nothing to do with the marijuana law but the drinking fine was what stood out to me.

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"In the end the Party would announce that two and two made five, and you would have to believe it. It was inevitable that they should make that claim sooner or later: the logic of their position demanded it. Not merely the validity of experience, but the very existence of external reality, was tacitly denied by their philosophy. The heresy of heresies was common sense. And what was terrifying was not that they would kill you for thinking otherwise, but that they might be right. For, after all, how do we know that two and two make four? Or that the force of gravity works? Or that the past is unchangeable? If both the past and the external world exist only in the mind, and if the mind itself is controllable what then?"

gob

Those are listed as MINIMUM fines.

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End Prohibition

bigal09110

I have always felt alcohol is the most underestimated drug. I am 20 years old and see on a daily basis how teens abuse alcohol. Drinking and driving should be one of the most punished offensives on the books. To even compare drinking to smoking weed would show some amazing facts. It is something like 50% of all highway accidents are traced to drink, I do not know the facts about alcohol and domestic assault but I can guarantee you more people beat there wives after drinking than getting stoned. I swear if people understood marijuana and were willing to step over there ignorance mankind would be better. If these same people could step over there ignorance once more then maybe world peace would not be as insain of an idea that it is today.

reggie_the_dog

I thought they were going to consider marijuana possession fine, like Denver chose to do, but they are choosing FINES