Tuesday, August 30, 2005
The Drug Policy Forum of Kansas will present its case to the City Commission next Tuesday for an ordinance banning the possession of marijuana and drug paraphernalia in Lawrence.
If the ordinance passes, an adult caught and charged with possession of marijuana or paraphernalia would be issued a ticket and notice of a court date, rather than being arrested and taken to the county jail.
“Society needs to conserve its resources in terms of police and district attorneys,” said Laura Green, executive director of the Drug Policy Forum of Kansas.
Green said that making a city ordinance would divert marijuana prosecution to the Lawrence Municipal Court instead of the Douglas County District Court, allowing district attorneys to prosecute more serious crimes. Second offenses would still be prosecuted in the District Court.
Green said the accused would have the same type of hearing in the Municipal Court as they would in the District Court, and the penalties would remain the same.
Adult Possession of Marijuana Ordinance Proposal
- The ordinance would direct the Lawrence Police Department to issue notice to appear before the Lawrence Municipal Court instead of the Douglas County District Court for possession of marijuana or marijuana paraphernalia.
- If an adult is found guilty for possession of marijuana, the penalties would be the same as they would be in the District Court, but the conviction would not appear on the adult’s official record.
- Marijuana possession would become a low priority for the Lawrence Police Department.
- Persons charged with a second marijuana possession, which is a felony, would be prosecuted in the District Court.
Source: Drug Policy Forum of Kansas
She said one of the main differences between the two courts would be that students would not lose federal financial aid if found guilty of a first offense in Municipal Court because the offense would not show up on their records.
According to a letter Green wrote to the City Commission, a 1998 revision of the education act included a provision that makes students ineligible to receive financial aid after being convicted for possession of drugs. The period of ineligibility is one year for the first offense, two years for a second and indefinite for a third.
Andrew Belgum, Kimball, Neb., freshman, said he thought Municipal Court was the proper place to prosecute marijuana citations.
“I don’t think marijuana is that big of a deal, and you shouldn’t lose financial aid over it.” Belgum said.
Nationally, more than 160,500 students have lost their federal aid since the Higher Education Drug Amendment was added in 1998,
Green said this ordinance would keep people from losing federal aid, housing, food and job training after their first drug convictions.
The 1996 Welfare Act denies aid or assistance to persons convicted of a felony drug offense, she said.
The ordinance also would make marijuana a low priority for the Lawrence Police Department.
Sgt. Dan Ward of the Lawrence Police Department said even though his comments were premature because he didn’t have all the details, the change would not seriously change anything.
Commissioners David Schauner and Mike Amyx both said they had not decided how they would vote.
“I guess my opinion is I’m trying to find out what the effect will be on the Municipal Court,” Amyx said.
“Student aid is tough enough to come by, and I hate to see them lose it for any reason,” Schauner said. “My jury is still kind of out on this. At this moment I need more information.”
Amyx said he did not think Lawrence would break new ground if the ordinance passed, because other cities in Kansas have passed similar ordinances, including Topeka, Overland Park, Wichita, Manhattan, Olathe, Leavenworth and Winfield.
- Edited by Theresa Montaño
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