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Marion Adopts New Marijuana Ordinance
12/15/07|WSIL TV (abc)| by Lisa Liszewski

A new ordinance in Marion follows state law: Prohibiting marijuana possession, paraphernalia, and sale or distribution.

But the local law focuses on people who use even the smallest amounts of the drug.

The ordinance concerns marijuana possession below 10 grams, which would be considered a misdemeanor. State law already covers those offenses, but Marion officials are looking for a way to hit pot smokers without extensive evidence.

Marion officials have noticed some marijuana smokers falling through the cracks. Marion Mayor Bob Butler says city officers are conscientious and want to put a stop to it.

Butler says officers often don't punish people caught with small amounts of pot because it's difficult to get them prosecuted. The new ordinance, however, would make people who do smoke answer to the city rather than the state.

"Our officers have repeatedly picked up people who have had such possession and feel that it is something that ought to be corrected," he said.

This city ordinance not only applies to marijuana itself, it also applies to devices used to smoke it, compress it, or distribute it.

"And you get into some things that i'm not familiar with," said Butler. "What is a bong? Or what is a chillum? These are items that can be used for the illegal use of a controlled substance.

"The ordinance will basically cut out the middle man for police officers. During a typical drug stop, an officer would have to do a field test," he said. "If the field test turns out positive, they then send that sample to the Carbondale lab for verification."

Now all that's required is a field test. And instead of being tied up in state court, the violator would be issued a ticket and face a fine issued by the City Attorney. Fines would range from $250 to $750.

Butler says the ordinance will go into effect before Christmas.

Buzzby

I wonder why? Illinois state law has specific ordinances for 2.5 grams or less and 2.5 to 10 grams.

They do a lab test for a reason: field tests are not 100% accurate. Any good defense attorney would get this law struck down on appeal. It leaves a huge hole for reasonable doubt.

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