CITY COMMISSION TO CONSIDER MARIJUANA POSSESSION FINES

City commissioners are set to decide Tuesday how heavy the hand of
the law should be in handing out fines related to a proposed city
ordinance banning marijuana possession.

Commissioners at their Tuesday meeting will debate whether a new city
ordinance should deviate from state law and set a minimum fine for
first-time marijuana possession.

"I think it should be somewhat painful," said City Commissioner Sue
Hack. "That is the tone of the communication I've heard from people,
too. They're saying that it shouldn't just be a slap on the wrist."

Earlier this month, commissioners gave tentative approval to the idea
of creating a new city ordinance that would allow first-time
marijuana offenders to be tried in Municipal Court rather than
Douglas County District Court. But they did not reach agreement on
whether they should set a minimum fine for the offense.

Commissioners Mike Amyx and David Schauner both supported a fine,
though Amyx proposed a $300 minimum and Schauner backed a fine more
in the $50 range. Mayor Boog Highberger and Commissioner Mike Rundle
said they believed the minimum fine should be up to the judge's
discretion. The ordinance proposes a $2,500 maximum fine, which is
the same as the state law used in District Court. Under state law,
the city cannot lower the maximum fine. The state law has no minimum fine.

Laura Green, executive director of the Lawrence-based Kansas Drug
Policy Forum, said she hoped commissioners would not create a minimum fine.

Penalties Here's a list of other Lawrence ordinances that have
minimum fines that the judge must levy:

. minor in possession of alcohol: $300

. possession of fake driver's license: $300

. unlawful hosting: $300

. driving under the influence: $500

. cruelty to animal: $100

. habitual violator of animal-at-large law: $100

. stormwater pollution: $250

. fire code violation: $100

. noise ordinance: $50

. traffic infraction: $60

"It would remove the ability of the judge to consider the entire
person and all the circumstances," Green said.

Green brought forward the proposal of creating a new city law that
would allow marijuana possession cases to be prosecuted in Municipal
Court. She has argued that because Municipal Court cases generally
move quicker than District Court cases, it will allow police officers
and prosecutors to be more efficient. Municipal Court convictions
also do not trigger a federal provision that can stop some students
from receiving financial aid.

Green has gathered research that shows only three of the 50 largest
cities in the state - Overland Park, Olathe and Garden City - have
passed laws that impose harsher penalties than state law. Garden City
has the largest fine - 96 hours in jail and a $500 fine.

City staff members also have gathered information that shows the city
does have several laws on its books that impose minimum fines -
ranging from $500 for a first offense driving under the influence to
$50 for a noise violation.

Commissioners will meet at 6:35 p.m. Tuesday at City Hall, Sixth and
Massachusetts streets.