Archive for Saturday, September 14, 2013

Marijuana enforcement numbers sky-high

September 14, 2013


Arrests and citations

Arrests and citations for marijuana possession on the increase:

2004: 60 simple misdemeanor cases in Douglas County, before city ordinance.

2006: 134 municipal citations, after city ordinance.

2008: 162 municipal citations.

2010: 237 municipal citations.

2012: 206 municipal citations.

Racial disparities in marijuana possession arrests per capita, according to ACLU study of federal data:

Douglas County: 3.7 times higher for black residents than for white residents.

Kansas: 4.4 times higher for black residents than for white residents.

United States: 3.73 higher for black residents than for white residents.

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Related document

ACLU Report: Marijuana Arrests ( .PDF )

A city ordinance downgrading first-time marijuana possession to a municipal offense, to be met with a ticket rather than handcuffs, was seen by both supporters and detractors as a softer approach to drug crime when it was enacted in 2005.

Eight years later, the result has been, by some measures, quite the opposite.

The number of people arrested or cited in Lawrence for marijuana possession, on a first or subsequent offense, has increased nearly six-fold over the past ten years, according to a study of federal data released this summer by the American Civil Liberties Union. The study also pointed to racial disparities in enforcement, with black residents four times more likely than whites to be arrested for marijuana possession, even though the two groups use the drug at about the same rates.

That the marijuana ordinance did not turn out to be the pro-pot law that some had feared, or hoped for, might not come as much of a surprise to some.

The idea was to move the first-offense possession prosecution from district court, which triggered a federal law that could affect student loan eligibility, to city court, where the process was much like getting a ticket. The flip side of that is that writing a ticket is relatively easy and quick, making the decision to cite someone for possession easier for a busy law enforcement officer.

And although proposed by a group seeking fewer penalties for marijuana offenders, the ordinance actually ended up increasing fines after it was reworked by the city commission and passed in March 2005.

More enforcement, stricter penalties

Instead of the typical $25 or $100 fines levied in Douglas County District Court at the time, the new ordinance required a minimum $200 fine. That, in turn, was later increased to $300 to make it equal to the fine for a minor possessing alcohol, said Elizabeth Hafoka, a Lawrence city prosecutor. Defendants also pay court costs and, if they are convicted, pay for drug evaluations.

More people have been cited or arrested each year, and Douglas County ranked number five in the nation for the largest increase in marijuana enforcement over 10 years, according to the ACLU. Using arrest data the FBI gathers from local law enforcement here and around the country, the ACLU study showed a 580 percent increase in Douglas County’s arrest rate: about 170 per 100,000 residents in 2010, up from 25 per 100,000 in 2001. Generally, a citation is counted as an arrest, even if the person is not actually handcuffed.

Law enforcement officials in Douglas County don’t keep statistics on marijuana possession arrests specifically, but data from the city and district courts show that the number of cases rose dramatically after the 2005 ordinance took effect.

A review of district court records showed about 60 simple misdemeanor marijuana cases, as distinct from those combined with more serious offenses or felony drug crimes, in 2004. In 2006, after the ordinance was in effect, 134 such cases went to city court. Six years later, city prosecutors saw more than 200, apart from other cases that went to the district court because they involved juveniles or occurred outside the city.

The increase locally comes at a time when drug possession arrests are decreasing at the national level.

There hasn’t been a push to make more arrests specifically for marijuana possession in Lawrence, said Sgt. Trent McKinley, a Lawrence Police Department spokesman. If more of those cases are being made in recent years McKinley said, the 2005 ordinance is likely the reason.

“It is faster to write a ticket than to arrest somebody,” McKinley said. While a ticket can be completed in minutes, an arrest means an officer must write a three-page offense report, take evidence, write an affidavit for the court, and possibly transport the person to jail. It could take hours, especially if the case goes to trial.

The possibility of steady yearly increases in citations wasn’t something the city commission discussed when considering the ordinance, said Mike Amyx, vice mayor of Lawrence and a member of the commission in 2005. For him, the key point in the ordinance was to allow first-time offenders to avoid going to district court and triggering federal rules that block those convicted of drug crimes from receiving student loans. “The fine was an issue,” Amyx said. “Our concern at the time was, ‘It’s a first offense, and what’s the penalty going to be?’”

The city’s marijuana ordinance allows only first-time marijuana possession offenses to be heard in city court, and any future offenses go to the district court as felony cases.

Claims of racial bias, locally and nationally

In Douglas County, the federal data on marijuana possession arrests mirrored a troubling national trend that is found in nearly every community, according to the ACLU.

"We have serious concerns about racial disparities in how police enforce laws designed to prevent the use of marijuana," said Gary Brunk, executive director of the ACLU of Kansas and Western Missouri, who was not involved in the study but works on such issues locally.

In Douglas County, the arrest rate for black residents, adjusted per capita, for marijuana possession was almost four times higher than the rate for white residents. Almost the exact same disparity was found across the state and the U.S., even though surveys by the federal Substance Abuse and Mental Health Services Administration show white and black people use the drug at about the same rate. Some jurisdictions in Kansas show even greater disparities, such as Saline County, where the per capita arrest rate for black people is six times higher than it is for whites. Some, such as Leavenworth County, show a lower, two-fold disparity.

McKinley, of the Lawrence Police Department, declined to speak to the study's conclusions until he could examine it further, he said.

Those racial disparities come from selective policing, which, along with the high cost of enforcement and unclear benefits, pointed to a failure of efforts to enforce drug laws, according to the study author, Ezekiel Edwards, director of the ACLU’s Criminal Law Reform Project. “The war on marijuana has largely been a war on people of color,” he wrote.

Meanwhile, marijuana use in Lawrence appears to continue unabated, despite increased enforcement of low-level possession offenses, and bigger cases such as the indictment of a multimillion-dollar marijuana smuggling conspiracy here last year. In a survey of Lawrence high school students conducted last year by Draw the Line Lawrence, a local group against drug and alcohol abuse, more than a quarter of high school seniors in Lawrence reported using marijuana at least once in the previous month.


Jeanette Kekahbah 4 years, 8 months ago

not sure if you are enlightened or sarcastic

Steve Jacob 4 years, 8 months ago

Pot is still harmful to society. We will get a good idea in a couple of years when states that approved it have issues. And no one should ever be under the influence while driving.

Lisa Medsker 4 years, 8 months ago

I guarantee that the number of people who use marijuana will not increase drastically. However, the number of people in jails for possessing it certainly will. Prohibition worked SO well the first time, right?

Just because something is no longer illegal does not mean more people will be driving under its influence. Of COURSE it's illegal to drive impaired. Pain medication is legal, alcohol is legal, yet it's still illegal to drive under the influence of those. Pretty sure marijuana falls under "impaired". The just de-criminalized possessing and using it. They didn't make it legal to drive under its influence.

Duncan20903 4 years, 8 months ago

In order to believe the nonsense that the rate of impaired driving will increase we must subscribe to the laughably absurd idea that there is a large cohort of people with such a deep seated respect for the law being their one and only reason for not choosing to enjoy cannabis for no other reason than that it's illegal. Further, we have to presume that these people are only interested in cannabis and not going out driving impaired from one of the other popular substances on any of the naughty lists. Impaired driving is impaired driving. One final presumption we're required to believe is that this imaginary cohort of people with such a deep seated respect for the law will toss that deep seated respect for the law onto the trash heap and immediately go out driving impaired if allowed to choose to enjoy cannabis legally. The entire thought is laughably absurd on its face.

Duncan20903 4 years, 8 months ago

It really does astonish me that even though something has been proven wrong, wrong wrong that the sycophants of prohibition will continue to post those arguments in an undeserved tone of arrogance.

The sycophants of prohibition used the same hysterical rhetoric in Washington in 1998 and Colorado in 2000. By any calculable measure there hasn't been anything but a substantial increase in the quality of life in both States. The residents who lived in those States had an opportunity to "just say no" but didn't. But some 120,000 Coloradoans who did not vote for Mr. Obama also did not vote no to Amendment 64.

The bad news for you srj is that the farce of cannabis prohibition isn't going to be around much longer and you're going to have to figure out a way to deal with it.

The good news is that you're just regurgitating hysterical rhetoric and none of your irrational fears will come true.

George_Braziller 4 years, 8 months ago

Pot should be regulated and taxed just like alcohol. The 18th Amendment to the US Constitution tried to ban alcohol completely and it was a total disaster. All it did was push production underground and become a major source of funding for organized mob activity.

Alceste 4 years, 8 months ago

Click on the link below and take a gander at who is getting rich off of reefer smoking. It ain't reefer growers or sellers when compared to the other's who have their finger in that pie!

The controversial war on drugs not only costs a lot, it has done almost nothing to curb the drug addiction rate since 1970, according to this stunning chart by documentary filmmaker Matt Groff comparing the cost of drug control to the drug addiction rate. Groff used the rate of addiction to illicit drugs from the U.S. Department of Health and Human Services, pairing it with federal drug control budget spending numbers from the International Centre for Science in Drug Policy.

Remember, marijuana is a VERY dangerous drug. Has to be in order to be a Schedule I narcotic. Has to be.

CHEEZIT 4 years, 8 months ago

Heard a commercial on the radio. An agency doing case study on habitual drug use. Marijuana, ecstasy and a few others. What did the person get after the study was done? Up to $7000. Yeaaaa party time!!!

Kyle Chandler 4 years, 8 months ago

srj, if what you mean by those states having 'issues' - those 'issues' being extra tax revenue for schools/social services etc, yes we will learn a lesson.......that they are DOING IT RIGHT! and we are DOING IT WRONG! but go ahead, id like to hear some more propaganda or should i say


SofaKing 4 years, 8 months ago

Kansas will be 48th to legalize marijuana right in front of Idaho and Utah. Honey, when you go out can you pick up some milk, bread, wine, and weed?

William McCauley 4 years, 8 months ago

Sorry SofaKing... but backasswards Kansas will be the 55th state to legalize, this state would rather stay on the path it's on then enjoy the wealth of opportunities that just hemp farming alone could provide this state and it's farmers, as well as the ogallala aquifer, you know that big water thing they've been killing for years to grow corn. But on the bright side, western Kansas will make a mint busting those people coming from those "other states". If anyone wants to start hemp farming there is a whole bunch of it around here, out on 15th st, north of the airport across the road from one county commissioner there is a big one.... all along the RR tracks and US 24 from here the little apple.... better get out those county or state spray trucks and get some 2-4-d on that asap or next thing you know those cartels will be here picking that ditch weed to mix in with the good weed so they make more money.... Funny I've never seen van loads of cartels out picking ditch weed around here, only stupid college kids from places where wild hemp don't grow.

cowboy 4 years, 8 months ago

They should just legalize the growing of pot , skip all these preliminary steps like medical , recreational , grower , pharmacy , just legalize it kind of like tomatoes.

DaveKAz 4 years, 8 months ago

If public safety were the priority we would have to take a different approach. One person dies every nineteen minutes from an overdose of prescription medicine in the US. During all of mankind's association with cannabis which goes back to before the stone age not a single person has ever died of an overdose solely of cannabis. As much as those who object to marijuana try to demonize the plant it really is pretty benign when compared to the alternatives. The same report noted that 59.9% of rapes, 53.2% of all violent crimes, and 81% of property crimes reported in 2012 were unsolved or did not result in arrest. Violent crimes used to be solved prior to marijuana prosecutions becoming an excuse for not protecting our communities.

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