Pot times

Pot Charge Is Too Hefty

URL: http://www.mapinc.org/drugnews/v05/n1095/a03.html
Newshawk: news with http://DrugPolicyCentral.com/bot

Pubdate: Sun, 10 Jul 2005
Source: Beaver County Times, The (PA)
Copyright: 2005 Beaver County Times
Contact: timesletters@timesonline.com
Website: http://www.timesonline.com/
Details: http://www.mapinc.org/media/2449
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

TOP COPS: POT CHARGE IS TOO HEFTY

With his closed-cropped silver hair and neatly pressed police uniform, Ambridge Police Chief Dave Sabol doesn't look like the stereotypical backer of marijuana law reform.

He doesn't have the dreadlocks, the tie-dyed clothes or any other hippie-styled accouterments typically associated with the decriminalization debaters - and he's certainly not advocating legalizing the drug.

But with his 37 years on the police force, Sabol says he's found that it might be beneficial for police departments to decriminalize possession of "personal use," or a small amount, of marijuana.

"To prosecute takes a lot of police time and creates overtime expenses," Sabol said.

Several other local chiefs agree that changing possession of a small amount of marijuana from a misdemeanor crime to a summary offense could save police departments money, and also give officers more time to deal with more serious and violent crimes.

Pennsylvania law states that possession of up to 30 grams of marijuana is a misdemeanor crime, punishable with up to 30 days in jail and a fine of up to $500.  Possession of more than 30 grams is also a misdemeanor, with penalties increased to a jail term of up to one year and a fine of up to $5,000.

A summary offense, by contrast, is a minor crime, such as disorderly conduct or traffic violations like speeding.  Officers write a citation for the offense, and it doesn't create a criminal record, Sabol explained.

Sabol said that with the current laws, if a police department prosecutes for possession, it has to send the officer who made the arrest to court.  The typical drug trial costs the department from $60 to $100 in overtime expenses, more if the accused is granted a continuance and the officer must attend another trial, which Sabol said happens often.  Beyond overtime pay, chiefs say prosecuting marijuana possession as a misdemeanor requires a lot of their officers' time - writing the reports and attending trials.

New Sewickley Township Police Chief John Daley agrees with Sabol.

"To just issue them a summary citation with an appropriate fine set by the Legislature, that would serve a purpose.  It could work, just not for greater amounts." Daley said.

Acting Rochester Township Police Chief Joe DeLuca said in many cases, police already treat small amounts of marijuana as a summary offense, unless an officer has information that the offender might be dealing drugs.

DeLuca said especially for first-time offenders who aren't being charged with anything else, an officer often reduces the charge to disorderly conduct, or the charge will later be reduced in court.

"I can say that a lot of officers when they catch someone with a just a joint, it will be reduced to disorderly, a summary violation, because it's such an insignificant amount, rather than proceed with a misdemeanor possession," DeLuca said.

Sabol and Daley said their officers sometimes choose to reduce the charge to disorderly conduct, if they think the amount of marijuana is so insignificant it's not worth the cost of prosecuting.

First Assistant District Attorney Tony Berosh said his office actually rarely sees prosecutions for small amounts of marijuana, although he said this doesn't mean use has fallen.  When there is a prosecution for marijuana, Berosh said the office does sometimes reduce the charge to disorderly conduct, although it depends on the circumstances of the individual.

"The overall problem is when you have over 30 grams, then you're dealing with a more substantial crime," Berosh said.  "Or if it's packaged for delivery, that's a different subject entirely - if there is indication that they were selling, that's not reduced."

Local chiefs are quick to point out they are not suggesting legalizing marijuana, or even decriminalizing possession of larger amounts of the drug - - the type of policy change they see as beneficial would be a far cry from turning Beaver County into an Amsterdam-like zone, with cafes full of thick marijuana smoke.

Daley, Sabol and DeLuca all said that they would see decriminalization as only useful for possession of an amount that's clearly for personal use.  In the Ambridge police station, Sabol illustrated how much 30 grams is, showing how a metal tablespoon placed on the scale sent it jumping to just over 32 grams.

"Now, the guy that has a couple of pounds on him, that needs to stay where it is, as a criminal offense," Sabol said, noting that people found with large amounts are usually dealers, and might be dealing other drugs.

"Every officer wants to get to the dealer," Sabol added.

Most chiefs also agree that marijuana has been in their communities since the 1960s, with use remaining fairly consistent over the past four decades.  Sabol said it's something he's seen on a regular basis during his years on the force, but he'd never really seen a spike in users.

But the "harder" drugs, chiefs say, have been increasing since the 1980s.  DeLuca and Sabol said heroin use has increased dramatically in their communities since the early 1990s, which is a drug they say more often leads to violent or serious crime.

"Most people you catch with personal-use marijuana aren't causing a lot of other problems," Sabol said.  "People who use crack or other opiates have to steal to support that habit."

But some officers, such as Center Township Police Chief Barry Kramer, say that decriminalizing the possession of any amount of marijuana would be risky.  Kramer said any change could minimize the negative implications of drug use, making people think marijuana is harmless.

"Marijuana may not be all that dangerous, but it's a gateway drug, and they lead to more dangerous drugs such as heroin or cocaine," Kramer said.  "By decriminalizing even a small amount, you would be sort of condoning it."

Berosh said that he would be cautious about minimizing marijuana's potential effects.

"Every marijuana user doesn't go on to use heroin or cocaine, but I have never met someone who uses cocaine or heroin who didn't use marijuana first," Berosh said.

DeLuca said he understands such worries, as he has seen people start with marijuana and escalate to using harder drugs.  But he said he still sees some benefits to decriminalizing personal use, including benefits for the user.  If an officer could issue a citation, he could help the offender find treatment, and the offender would still be able to apply for jobs without the tarnish of a criminal record, DeLuca said.

"We certainly don't want it ( marijuana ) to lead to those other serious drugs," DeLuca said.  "We want to put the offender in the right direction.  Making it a summary offense could be beneficial to everyone."