Daley considers decriminalizing Marijuana...

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Jeff White

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I'm sure his only option around the state law is to pass a city ordinance and then order the police agencies under his control to only enforce the city ordinance not the state law. Let's see, you can't have guns in Chicago because guns are evil and increase crime, but smoking dope is ok? I wonder if this will amount to a tax on dope? Does anyone think it will cut into the crime rate?


http://www.stltoday.com/stltoday/ne...586256F23000A2F9A?OpenDocument&Headline=Daley's+hint+at+fining+pot+users+gets+noticed
Daley's hint at fining pot users gets noticed
By THE ASSOCIATED PRESS

10/04/2004



CHICAGO - Mayor Richard Daley, a former prosecutor, runs the nation's third-largest city with a pragmatic, law-and-order style.

So when he starts complaining about the colossal waste of time and money involved in prosecuting small-time marijuana cases, people take notice.

"This is absolutely a big deal," said Andy Ko, director of the Drug Policy Reform Project for the American Civil Liberties Union in Washington state. "You've got a mayor in a major American city ... coming out in favor of a smart and fair and just drug policy."

What Daley did was to say late last month that a police sergeant was on to something when he suggested that it might be better to impose fines of $250 to $1,000 for possession of small amounts of marijuana rather than prosecute the cases.

Sgt. Thomas Donegan determined that nearly 7,000 cases involving 2.5 grams of pot or less were filed last year in Chicago. About 94 percent were dismissed.

Daley wondered whether ticketing offenders might be smarter. "If 99 percent of the cases are thrown out and we have police officers going (to court to testify in the cases), why?" the mayor said. "It costs a lot of money for police officers to go to court."

The way Daley's thoughts became public was also unusual: There was no public pressure for the mayor to speak out. He was asked by reporters who had heard of Donegan's findings and simply answered their questions.

Police officers are used to spending hours making arrests, writing reports and waiting around in court, only to see the charges dropped or a guilty plea that leads to nothing more than probation or drug education classes.

"While officers are doing everything to keep the streets safe, the offender gets arrested and is walking the street in just a few hours," Donegan wrote in his report. "To me, this is a slap in the face to the officers."

Chicago wouldn't be the first city to reduce the penalty for possessing a small amount of marijuana.

In Seattle, voters passed an initiative requiring law enforcement officials to make personal-use marijuana cases their lowest priority. In California and Oregon, possession of a small amount of marijuana is a misdemeanor punishable by a $100 to $500 fine. In Colorado, it's a petty offense with a fine of no more than $100.

Chicago officials are a long way from making permanent changes. Police spokesman David Bayless said the department had yet to determine the accuracy of Donegan's report.
 
What Daley did was to say late last month that a police sergeant was on to something when he suggested that it might be better to impose fines of $250 to $1,000 for possession of small amounts of marijuana rather than prosecute the cases.

...

Sgt. Thomas Donegan determined that nearly 7,000 cases involving 2.5 grams of pot or less were filed last year in Chicago. About 94 percent were dismissed.

...

Daley wondered whether ticketing offenders might be smarter. "If 99 percent of the cases are thrown out and we have police officers going (to court to testify in the cases), why?" the mayor said. "It costs a lot of money for police officers to go to court."

...

Police officers are used to spending hours making arrests, writing reports and waiting around in court, only to see the charges dropped or a guilty plea that leads to nothing more than probation or drug education classes.

Who needs due process when there's money to be made. Maybe I'm too sceptical, but since Daley's involved...

Chicago wouldn't be the first city to reduce the penalty for possessing a small amount of marijuana.

I'm not really sure how fining someone whose charges would otherwise be dropped is a reduced penalty, but I don't have a journalism degree.

More importantly, Jeff's comments have me wondering... Let's say they did pass an ordinance less restrictive than state law, and only enforce their own. What happens if a county somewhere drafts an ordinance allowing concealed carry? Well, I'm pretty sure I know what would happen, but the internet has taught me that wild speculation can be fun. :D
 
The Illinois Revised Statutes are a maze of what home rule and no home rule governments can do. Chicago and Cook County have many exemptions to state law written into the state law.

I think what you need to look at here is that Daley is not legalizing possession of less then 2.5 grams. A city ordinance would merely lower the seriousness of the offense to something like a parking ticket.

Conceivably a city or county board could pass an ordinance making concealed carry punishable by a fine of $1.00. I don't think they could pass an ordinance making it legal. Officers would still have the discretion to charge the violation under the state statute.

I agree with you that the mayor sees dollar signs. I wonder if they will randomly send out notices to people living out of state and downstate that they have unpaid marijuana fines and should send in a check. They have done that with parking tickets for years. The Illinois Attorney General halted that practice a while back, but now that we have a Democrat in the governor's and attorney general's office the shakedowns are back in business. think how many people who have never been to Chicago will send in extortion money to keep from having a drug conviction on their record.....:what:

Jeff
 
Conceivably a city or county board could pass an ordinance making concealed carry punishable by a fine of $1.00. I don't think they could pass an ordinance making it legal. Officers would still have the discretion to charge the violation under the state statute.

Alma is a small town, right? Maybe if a bunch of us moved there and voted for each other... As for that discretion thing: we just need to make the fine higher and pay it directly into the municipal "officer happiness" program. :D

Seriously though, Chicago does play by a different set of rules than the rest of us. And sadly, I don't think the state laws will get any more sensible or less confusing any time soon. We're good at making goofy laws even without Chicago's meddling. (i.e. Stay out of the left lane.)
 
I just realized that stupid new left lane law was sponsored by a Chicago politician.

I take it back, maybe our state government could act like responsible adults if not for Chicago.
 
Alma, IL pop 400....Not much industry here, but it wouldn't take much to take over... :cool: Some new blood would help...We seem to elect idiots to local office down here, although I think the reason is that good people don't want to get involved.

I personally think that we'd be better off with Chicago being it's own state. I think eventually the large urban areas are going to have to seperate themselves from the states they are in. Too much insanity makes it's way into law from there and effects the rest of the population. Just imagine what the laws would look like if the large urban areas didn't have so much influence.

I think we should change the electoral college system away from winner takes all in most states (all but one I think) and let each elector vote by how the district they represent votes...Think what that would do to presidential politics?

Jeff
 
I think eventually the large urban areas are going to have to seperate themselves from the states they are in.

I've long held the belief that any city over 1 million people should become its own state. Anytime I hear whining from Detroit, I just want to get rid of it. I imagine its much worse for NY, Ill, Ca (missing anyone?)

As for the Marijuana, go ahead. I don;t smoke it, but I really don't care if people do. That is, until they screw up with it, then they sould be punished.
 
Its just a shame for Daley that potheads can't manage to vote. And it's not like the libertarians are going to vote for him because of this one issue.

Thats the thing with legalization. A whole lot of VERY loud people are screaming for it. But, it really doesnt have much voter support in most communities.

Of course even dead people vote in Chicago so it probably doesnt matter very much.
 
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