[Peace] Monday night - Urbana city council votes to decriminalize marijuana possession

[Brian Dolinar]

[image: The News-Gazette.com] Measure would give officers choice in drug
cases By Mike Monson
<http://www.news-gazette.com/news/reporter/mmonson/> Saturday
October 4, 2008

URBANA – Police would have the option of charging someone caught with a
small amount of cannabis or drug paraphernalia with a city ordinance
violation, subject to a $200 fine, under a proposal coming before the city
council Monday night.

The council meets at 7 p.m. at the Urbana City Building, 400 S. Vine St.

Assistant Police Chief Pat Connolly said the ordinance would give police
some much-needed discretion. Currently, he said, officers must arrest
offenders caught with cannabis or drug paraphernalia for a state criminal
offense.

That's often not appropriate and the arrestee, if found guilty, has a state
criminal record for life, he said.

The proposed ordinance "allows for officer discretion for those first-time,
small-amount users," Connolly said. "It helps keep first-time, small-amount
users out of the criminal justice system."

A person who pleads guilty to an ordinance violation won't have a criminal
record, he said, and the guilty plea won't show up on a criminal background
search.

Using a city ordinance violation will also likely save hours of officer
time, because they can issue a notice to appear and not have to take a
suspect to jail, Connolly said. He estimated the ordinance would be used by
officers fewer than 100 times per year.

Assistant City Attorney Curt Borman, who drafted the proposed ordinance,
said the city of Champaign and a number of other municipalities already have
one.

"It's entirely consistent with the way officers handle other violations,
such as alcohol violations," he said. "Officers routinely cite youths for
underage drinking and possession and open containers under city ordinances."

Borman said the police department has been asking for such an ordinance for
years.

"I think it's going to really improve their operations and help them a great
deal," he said.

Alderman Charlie Smyth, D-Ward 1, said he thinks the proposed ordinance is a
good idea.

"Why turn it into a capital crime?" he asked. "That's what happens now. Why
burden our system even more when we have an opportunity to divert these
petty issues? Give a person a chance."

Smyth said the city will need to make sure the ordinance is equitably
applied across the community.

Also Monday, the city council will consider whether to designate a
119-year-old home at 508 W. Elm St. as a city landmark. Ilona Matkovszki, a
local historic preservationist, has applied for the designation, which is
being opposed by the owner, Julian Gorski of Normal. Because of Gorski's
opposition, it will take a supermajority, five of the seven council members,
to pass.


-- 
Brian Dolinar, Ph.D.
303 W. Locust St.
Urbana, IL 61801
briandolinar at gmail.com
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