cannabisnews.com: More Lenient Pot Law May Actually Increase Arrests





More Lenient Pot Law May Actually Increase Arrests
Posted by FoM on October 14, 2001 at 07:24:49 PT
By Anjeanette Damon, Reno Gazette-Journal
Source: Reno Gazette-Journal 
While many local police disagree with the philosophy behind a state law reducing the penalty for possessing a small amount of marijuana, they said it may give them a stronger tool to fight drug offenders. Frustrated by the Washoe County district attorney’s reluctance to prosecute first-time pot offenders on felony drug possession, local police said they often would not arrest a person who had a small amount if they hadn’t committed any other crime. Those crime reports would be submitted to the district attorney, who would decide whether to prosecute.
Since Oct. 1, officers have the option of issuing a misdemeanor citation that carries a $600 fine for a first offense and requires a substance abuse treatment evaluation.“The DA’s office for years and years has not been interested in pursuing felony charges for a small amount of marijuana,” Sparks police Deputy Chief Bob Cowman said. “Most often they would change the charge to a misdemeanor anyway. The desired effect or outcome will be just as good or better (under the new law).”District Attorney Dick Gammick, who opposed the new law during the 2001 Legislature, bristled at the police criticism, saying his office has always taken drug offenses seriously.“This really irritates me,” Gammick said. “On a small amount of most drug charges, we told our prosecutors to reduce those to misdemeanors so we could get them through the system. The last thing we would do is send people to prison for minor amounts of marijuana.”But statistics from Gammick’s office show 90 percent of marijuana charges adjudicated this year have ended up as misdemeanors. Last year, 93 percent of adjudicated marijuana charges resulted in misdemeanor convictions. Nearly 300 cases filed in 2000-01 remain pending in Washoe County courts.Gammick said the statistics may not accurately reflect how his office handles marijuana cases because of how the computer records codes assigned to drug possession charges.“Our statistics are not necessarily good, but they are the best we’ve got,” he said.Sheriff’s deputies in Carson City and Douglas County also said most marijuana arrests result in misdemeanor convictions. The district attorneys in those jurisdictions could not be reached for comment.Prior to the new law, which took effect Monday, a person possessing even a seed of marijuana could be charged with a felony.But when Gammick was first elected in 1994, he said he gave his prosecutors the option of reducing first-time marijuana offenses to misdemeanor charges to help clear a backlog of felony cases in district court.“I don’t want to be jamming up the system,” Gammick said. “It is a matter of what taxpayers are willing to pay for.”Despite his office’s practice of reducing most marijuana charges to misdemeanors, Gammick began protesting the new law before it even became a bill.The statute takes away a prosecutor’s leverage to divert an offender to drug court, Gammick said. Drug offenders who successfully complete the drug court’s treatment program escape a felony conviction.“It takes an arrow out of our quiver, and that is drug court,” he said. “We got no arm on them now. They just come in, pay the fine and they are gone.”The new law, however, requires first-time offenders to undergo a treatment evaluation. Second-time offenders must complete treatment.Under the new law, people possessing less than an ounce of marijuana will be cited, given a court date and released.“If you take that population of people who are walking around with an ounce of marijuana, I think you will find more of them cited and put into the court system now,” Reno Deputy Chief Jim Weston said. “It’s a good deal. The way it was set up as a felony was not working.” The statute will save officers the time of booking suspects on felony charges, most of which were handled as misdemeanors anyway.“This kind of streamlines what is already in place,” Carson City sheriff’s Chief Deputy Scott Burau said. “We’re just getting to the end result a lot quicker.”Suspects with a past record of failing to appear in court, who live out of the jurisdiction, or who have a violent history may not fit the criteria to be cited and released, police said.Washoe County sheriff’s deputies also plan to cite and release suspects who possess less than an ounce of marijuana. Prior to the new law, deputies often would submit a crime report on someone with a small amount of pot rather than arrest them.“Very seldom would we take anyone to jail just for having marijuana,” Washoe County Sheriff Dennis Balaam said.Douglas County deputies are awaiting instructions from the district attorney about how to approach the new law.“This is brand new to all of us,” Sgt. Lance Modispacher said. “We are going to take direction from the DA on how to handle it. We can still make arrests on misdemeanors.”Deputies in that jurisdiction also seldom arrested a person who simply possessed a small amount of pot.“The DA more than likely would not prosecute the case,” he said. “Why go through the procedure of throwing this guy in jail when the DA is going to go by what is happening around the country and not prosecute.”2000:499 charges filed for marijuana offenses16 offenses resulted in felony charges5 offenses handled as gross misdemeanors302 offenses handled as misdemeanors176 cases still pendingJan. 1 to Oct. 3, 2001362 charges filed for marijuana offenses22 offenses resulted in felony charges3 handled as gross misdemeanors220 handled as misdemeanors117 cases still pendingSource: Reno Gazette-Journal (NV)Author: Anjeanette Damon, Reno Gazette-JournalPublished: Sunday October 14th, 2001Copyright: 2001 Reno Gazette-JournalWebsite: http://www.rgj.com/Contact: rgjmail nevadanet.comRelated Articles:New State Law Eases Penalties on Marijuanahttp://cannabisnews.com/news/thread11008.shtmlMarijuana Program Draws Steady Stream Of Callshttp://cannabisnews.com/news/thread11002.shtml
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Comment #3 posted by FoM on October 15, 2001 at 07:47:34 PT
News Brief from The Associated Press
Moldy Sheriff's Evidence Room Cleared Out
Source: Associated Press
Published: Sunday, October 14, 2001 
Breaking News Sections
Sonoma County sheriff's detectives finally cleared out their evidence room over the weekend because of a life-threatening mold discovered on the seized marijuana. 
Scopularlopsis, a mold health specialists said could cause infections and even prove fatal for people with weak immune systems, was discovered among the seized stash of marijuana, guns, fishing poles and jewelry. 
The mold began growing on the 500 pounds of marijuana stored in the room and slowly spread to other items. The tainted evidence was sealed in plastic bags and moved it out of the locker room. 
"Every evidence room across the nation, if they have marijuana, needs to be thinking about this," said. 
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Comment #2 posted by freedom fighter on October 14, 2001 at 14:58:13 PT
How many terrorists?
Amazing waste of resources.. How many terrorists have they arrested?ff
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Comment #1 posted by xxdr_zombiexx on October 14, 2001 at 08:29:15 PT:
PROHIBITION in action
This article shows several phenomena that are part of both the war on cannabis, and the larger Culture War.        *Several Observations*1: As always, "marijuana" and "Drugs" are used interchangeably. Bait and switch.2: The drugs-marijuana interchange helps obscure the actual ratio of cannabis to real drug offenses.3: it also foils efforts to gain accurate data when such IS desired by "thier side". The DA states this himself. further evidence not to believe everything you hear....4: This article seems to clearly show how law enforcement feels about the issue. The Police seem to believe that arrest and incarceration are the way to go. Its good to see squabbling between the DA and the police. The cops want seeds treated as felonies, while the DA wants to "moves cases through the courts". Perhaps our New priorities will help them get along better....5: . “On a small amount of most drug charges, we told our prosecutors to reduce those to misdemeanors so we could get them through the system. The last thing we would do is send people to prison for minor amounts of marijuana.”Oh yeah? Then why is there a law? The fine system of decriminalization will exacerbate further the egregious civil-rights violation inherent in the forced prohibition of cannabis. The poor wont be able to afford a hefty $600 fine and will end up jailed for failure to pay.Moving people through,   $600 each sounds like a lucrative way to go... a drive up window for the war on weed. The referrals to "substance abuse evaluations" ("Anything to say before we recommend expensive treatment for the invisible monkey on your back?") That will serve the purpose to drive up those dubious statistics to show how bad marijuana is because so many are referred to treatment. Most of the current data about referral for "marijuana treatment" are court driven. My guess is the rest are related to persons with underlying mood disturbances or illnesses.Wrap-up: Cannabis prohibition is a monumental scam. Decriminalization is a scam.Only legalization is acceptable.
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