Chicago decriminalizes possession of small amounts of marijuana
Illinois is a big state, what about everyone else? -UA
(Reuters) - People caught with small amounts of marijuana in Chicago will be ticketed instead of arrested under a new ordinance passed by the city council on Wednesday, as the third largest U.S. city became the latest to support more lenient penalties for using the drug.
The council voted 43-3 in favor of the measure, which was backed by Mayor Rahm Emanuel.
Under the ordinance, police in Chicago can issue a written violation with a fine of between $250 and $500 for possession of 15 grams (0.5 ounces) of marijuana or less rather than make an arrest.
More than a dozen U.S. states and several large cities have already taken similar steps. Two states - Colorado and Washington - will ask voters in November whether to go further and legalize recreational marijuana.
Supporters said the Chicago measure, which takes effect on August 4, would help raise revenue for the city, save money and free up police to pursue more serious crimes. However, council member Roberto Maldonado, an opponent, said people will interpret the law as "a license to smoke marijuana in public."
Chicago Police Department statistics indicate that last year there were 18,298 arrests for possession of less than 10 grams (0.35 ounces) of marijuana, according to a statement from the mayor's office.
Each case now involves about four police officers - two arresting and two transporting officers - and places an additional burden on the Cook County court and jail system, the council said. Most cases are dismissed.
The issue of deploying police to handle more serious crimes is particularly pressing this year in Chicago, which has seen a 37 percent spike in its murder rate.
"I want a full court press on the street," Emanuel said, adding that Chicago "cannot afford to take our officers off the streets for hours at a time only to see over 80 percent of the marijuana cases dismissed in court."
Supporters of the city ordinance argued that marijuana arrests disproportionately targeted minorities and a conviction could make it difficult to find a job.
"If you had been white and/or privileged, a small amount of marijuana had already been decriminalized, because the only people who have been arrested for these types of crime have been black and brown individuals," said Alderman Howard Brookins.
Fifteen states have reduced the penalty for possession of limited amounts of marijuana, according to Allen St. Pierre, executive director of NORML, a group lobbying to legalize the drug.
Other cities with similar policies include Seattle, Pittsburgh and Philadelphia, as well as university towns like Champaign, Illinois, and Madison, Wisconsin. Seventeen states and the District of Columbia have legalized medical marijuana.
Opponents of decriminalization say it condones drug use and results in a lost opportunity for intervention to stop it.
The Chicago ordinance would not halt arrests in all cases. Anyone caught with marijuana on school grounds or in a park would still be subject to arrest. Children under the age of 17 and anyone without proper identification could also be arrested.
Emanuel backs decriminalizing small amounts of marijuana
If the City Council goes along, Chicago cops will be free to issue a ticket with a fine ranging from $100 to $500. The tickets would apply to people caught with 15 grams of pot or less.
Last fall, Ald. Danny Solis (25th) proposed a ticket carrying a $200 fine and a 10-gram trigger.
Currently, those caught with small amounts of pot face a misdemeanor charge punishable by up to six months in jail and a $1,500 fine.
In a press release, the mayor said writing pot tickets “allows us to observe the law while reducing the processing time for minor possession of marijuana — ultimately freeing up police officers for the street.”
Emanuel chose to wade in on the hot-button issue while in Prague for his daughter’s Bat Mitzvah. That allows him to avoid questions about whether marijuana tickets would send the wrong message to kids about a drug that some consider a “gateway” to more dangerous substances.
In 2011, Chicago Police officers made 18,298 arrests for possession of less than 10 grams of marijuana.
A Chicago Sun-Times analysis last year showed most minor pot cases get dismissed. For every 10 misdemeanor marijuana cases that went to court in Cook County between 2006 and 2010, about nine cases were dropped, the newspaper reported last year in a series about pot.
The biggest share of dismissed cases involved possession of less than 10 grams of marijuana, records show. Possession of up to 30 grams of marijuana is considered a misdemeanor.
Bruce Talbot, a retired Woodridge police officer and a drug expert who lectures on narcotics, said “many of the Chicago suburbs have been issuing tickets for marijuana for many, many years.”
If Emanuel’s proposal goes into effect, the number of minor marijuana cases in the city could jump — providing more revenue for the city’s coffers, Talbot said.
“My gut tells me police officers are going to be more likely to enforce the law if it’s simple,” he said. “Obviously, writing a citation is simpler for the officer than having to go through the lengthy, cumbersome process of a misdemeanor arrest.”
But Talbot said decriminalization poses potential pitfalls, too.
“I don’t believe the mayor or the police chief in Chicago finds it acceptable for people to stand on Michigan Avenue or State Street and smoke pot,” he said. “But it would not be good if this gives the impression that the government views marijuana as innocuous.”
Solis was overjoyed by the mayor’s endorsement.
He said it would free scores of officers to focus on the more important fight against gang crime that’s driving the surge in homicides and shootings.
“Up to four police officers are involved in this kind of arrest,” Solis said. “They take two hours to process these individuals. That’s not counting the amount of time they spend in court. That’s a big winner for me. We’ll be able to get more officers into our neighborhoods.”
Emanuel’s proposal comes as the city’s homicide rate has spiked 35 percent so far this year and last weekend saw a troubling return of downtown mob attacks.
Solis also said ticketing people for pot won’t stigmatize them like a misdemeanor arrest does.
“The people we’re hurting are primarily young African Americans and Hispanics who, for a minor offense like this, can have a stain for the rest of their lives that will affect future jobs, schooling and, in some cases, their ability to get housing,” the alderman said.
Last fall, Emanuel said he would not be rushed into decriminalizing possession of small amounts of marijuana because doing so creates its own set of problems that other cities have been forced to correct.
“This issue has two parts to it, not one. The first part, which is what’s motivating people, is the issue of the cost in the system: arresting, overtime, court, jail. Then, there’s also the criminal-justice side. I have to evaluate and will evaluate both — not one or the other,” the mayor said then.
When Solis introduced the ordinance last fall, he was joined by eight other aldermen. They pointed to a Sun-Times series that showed Mexican drug cartels were supplying the bulk of the marijuana on Chicago streets and that grass sales were bankrolling the rest of their drug operations.
“Similar to Prohibition, I would submit that the less criminal a drug or controlled substance is, the less likely that big cartels and violence is going enter the system,” Ald. “Proco” Joe Moreno (1st) said on that day.
To bolster the case to decriminalize small amounts of pot, Solis distributed arrest figures for the last decade. The totals show the disproportionate number of minorities arrested for marijuana possession.
The West Side’s predominantly African-American 28th Ward led the city with 12,270 arrests.
On the lower end of the spectrum, the North Side’s mostly white 32nd and 43rd wards had 719 and 529 arrests respectively during that time. DePaul University straddles both wards.
Seven other black wards on the South and West sides — the 15th, 16th, 17th, 20th, 24th, 34th and 37th — each recorded more than 7,000 arrests over the decade.
The second lowest number of arrests over the decade — 533 — occurred in the Northwest Side’s 41st Ward, which includes O’Hare Airport.
If Emanuel can muscle the ordinance through the City Council, Chicago will join a parade of other cities and states that have taken the plunge.
The states include: Alaska, California, Colorado, Connecticut, Maine, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio and Oregon. Locally, Evanston, Normal and Champaign are among those that have done the same.
Former Mayor Richard M. Daley flirted with the idea of issuing marijuana tickets, only to drop the issue like a hot potato after critics questioned whether society was ready for what seemed like a step toward legalization of pot.
Kudos to Illinois for breaking the conservative mold of the Midwest. - UA
Medical marijuana could become legal in Illinois
By Todd Wilson, Tribune reporter
April 27, 2011 latimes.com
Some lawmakers are looking to make cannabis available for people seeking relief from symptoms of maladies that includemultiple sclerosis, cancer and HIV/AIDS.
To pick up support, they must allay fears by opponents concerned that the measure is the first step toward decriminalizing marijuana and worried that Illinois will end up like California, where pot is easily available to anyone with a doctor's note and complaints about headaches or anxiety.
In Illinois, doses would be dispensed from a limited number of highly regulated not-for-profits, rather than drugstores. Penalties including potential prison time would discourage attempts to turn a medical prescription into dime bags on the street.
In January, the issue fell four votes shy during a lame-duck session where lawmakers approved such controversial measures as a major income-tax increase, civil unions for same-sex couples and a death penalty abolition.
This time, House Republican Leader Tom Cross has dropped his opposition. He came on board after being approached by several constituents who pressed him to allow marijuana use for "the worst-of-the-worst medical conditions," a spokeswoman said.
Sponsoring Rep. Lou Lang, D-Skokie, who has championed the issue for three years, said he thinks he can finally pass a medical marijuana bill out of the House. The Senate approved a less restrictive version last year.
Whatever the final form, an Illinois law can't come too soon for residents who now use medical marijuana illegally. Julie Falco said she's been using cannabis since 2004 to manage symptoms of multiple sclerosis.
Falco said she felt she had no other choice because prescription drugs left her feeling lethargic and depressed and came with side effects such as hearing loss.
"I was contemplating taking my own life," said Falco, who lives on the Far North Side. "I didn't have any hope."
Scientists and physicians say medical research has shown scant evidence that marijuana is a safe and effective treatment for many of the afflictions the Illinois bill would cover.
A handful of uses in the bill — like pain suffered by people with AIDS and cancer — are supported by some solid scientific evidence. But none meets the standards, such as large, well-designed clinical trials, required by the U.S. Food and Drug Administration in approving new drugs.
Fifteen states, including Michigan, have legalized medical marijuana. The sponsors of Illinois' bill are trying to make it the most restrictive in the nation.
Those with a prescription would not be allowed to grow their own marijuana but would have to buy it from a state-licensed dispensary. The bill would limit the number of outlets to 59 — one per Senate district.
The latest version would legalize medical marijuana for three years, then lawmakers would review how it went. Democratic Sen. Bill Haine, a former state's attorney in Madison County, said the new safeguards should help the legislation gain support.
"Many people just flat don't accept that marijuana can do any good, but it's a natural substance that can be good, just as many prescription drugs are good for some uses and not for others," Haine said.
For Cross, the House GOP leader from Oswego, supporting the measure represents a change from January, when he voted against the idea.
Cross, who has a child with diabetes, sponsored a law that ensures researchers could work with embryonic stem cells in Illinois.
"I've seen him evolve on this thing," said Rep. Angelo "Skip" Saviano, R-Elmwood Park. "It fits his philosophy on not limiting tools to the medical community to treat these diseases."
Saviano has long supported legalizing marijuana for medical use. He watched his father die of cancer in 2001 after suffering side effects of chemotherapy. Saviano said he believed that marijuana could have helped reduce his father's nausea and increase his appetite at a time when he lost a lot of weight.
Supporters can't exhale yet. The lame-duck lawmakers are no longer in office and the measure needs to pass the House, Senate and be signed by Gov. Pat Quinn if it's to become law.
Rep. Jim Durkin, R-Western Springs, said this is not an issue Cross or Republican leadership will "twist arms" on to get support. Durkin, a former prosecutor, voted "no" in January but said he is keeping an open mind on the new version.
A law has been on the books since the late 1970s allowing doctors to prescribe marijuana in pill or plant form to treat glaucoma, the side effects of chemotherapy or radiation therapy for cancer patients or other procedures deemed medical necessities. But the physician must get authorization from the Department of Human Services and written approval from the state police.
A state human services spokeswoman and a state medical society representative say they're not aware that any doctor has ever asked permission to prescribe marijuana in Illinois.
Lang, the House sponsor, said he's aware of the existing law but argues his proposal is a tighter and more workable measure.
"What we have done is take the best ideas on the topic from America and in Illinois during debate to gauge the tolerance of colleagues and make the best and tightest bill in the country," Lang said.