[Press Release] : Press Release

pr-l at news.gocolumbiamo.com pr-l at news.gocolumbiamo.com
Wed Nov 10 15:58:56 CST 2004


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FOR IMMEDIATE RELEASE 
Contact: Rose Wibbenmeyer, City Prosecutor - (573) 874-7229

City Prosecutor's Office announces policies on handling marijuana
cases

COLUMBIA, MO (November 10, 2004) -- The City Prosecutor's office has
announced new policies on handling marijuana cases in municipal court in
response to voter approval of Propositions 1 and 2 at the Nov. 2
election.

The ordinance enacted by voter approval of Proposition 1 allows
seriously ill adults to use marijuana for medicinal purposes upon the
recommendation of a physician.
The city prosecutors will not prosecute a marijuana case if the
defendant produces a written statement from a physician describing the
defendant's serious illness and recommending that the defendant use
marijuana.

The ordinance enacted by voter approval of Proposition 2 makes
enforcement of marijuana laws the lowest law enforcement priority. Under
the new ordinance, marijuana cases involving less than 35 grams must be
prosecuted in municipal court rather than state court. The ordinance
provides that marijuana cases should be disposed of by deferring
prosecution, suspending imposition of sentence, requiring community
service or undergoing drug counseling or education but the ordinance
also allows imposition of a fine of up to $250.

The city prosecutors will automatically defer prosecution of all first
offense marijuana cases for one year. If a defendant does not get caught
violating any laws for one year, other than minor traffic offenses, the
marijuana charge will not be filed. If a defendant gets caught violating
a law, other than a minor traffic violation, the marijuana charge may be
filed.

The city prosecutors will file charges on second or subsequent
marijuana violations. If a defendant pleads guilty or is found guilty of
a marijuana violation, punishment will be determined by the municipal
judge without a recommendation from the city prosecutor.
The new marijuana policies apply to all defendants whether they
represent themselves or retain an attorney.

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