Presentation addresses marijuana law confusion
The MU chapter of the National Organization for the Reform of Marijuana Laws held its annual "Know Your Rights" presentation Thursday night.
Published Dec. 3, 2004
Added confusion about Columbia's recently altered marijuana laws has added significance to a presentation encouraging students to know their legal rights.
The MU chapter of the National Organization for the Reform of Marijuana Laws held its annual "Know Your Rights" presentation Thursday night, only a month after Propositions 1 and 2 passed.
Proposition 1 allows the use of medical marijuana for seriously ill patients who have consent from a doctor. Proposition 2 directs misdemeanor marijuana possession charges to municipal court, allowing students convicted of these charges to retain eligibility for financial aid.
MU NORML President Amanda Broz said NORML and Students for Sensible Drug Laws hold similar presentations every year to help inform students of their rights at traffic stops or other encounters with local law enforcement. Broz said because of the passage of the new propositions and the ensuing confusion about which law enforcement agencies in Columbia are following the new ordinances, more students would likely take interest this year.
"I expected more questions tonight because of the new propositions," Broz said. "People wonder if it gives you more leniency and where it is applicable."
The presentation featured Columbia attorney Anthony Phillips, who discussed general rules for dealing with law enforcement. Phillips explained why local law enforcement agencies were or were not following the ordinance and what that meant for people who were arrested.
"It's important for people to be educated on their constitutional rights and assert their constitutional rights in appropriate situations," Phillips said. "We live in a country founded on freedom, and we have to protect that."
Phillips cautioned students that the MU Police Department was only following the proposition in cases of first-time offenders and would send subsequent offenders to county court.
Concerns were raised at the meeting about MUPD's jurisdiction and the possibility of the Columbia Police Department calling MUPD to assist in marijuana arrests, since MUPD is not bound by Proposition 2.
However, both Dan Viets, a Columbia attorney and Missouri NORML coordinator, and Columbia Police Sgt. Danny Grant said local police are making a genuine effort to enforce the law.
"People have brought up this clever little idea that CPD can just call another agency and have them arrest people, and then send them to state court," Viets said. "But that is not happening. The police chief has said 'We will absolutely not do that.'"
Grant explained that MUPD and the Columbia Police Department assist each other in arrests regularly, especially in areas close to campus. However, Grant said even if MUPD assisted on an arrest off campus, Columbia police would ultimately make the arrest, meaning Proposition 2 would apply.
Grant also said MU police officers are justified in making arrests off campus, but they don't intentionally venture far from campus to make arrests.
Viets said roughly 80 percent of misdemeanor marijuana arrests in city limits were made by Columbia police and added that few second-time marijuana arrests are made by MUPD.
"As far as those other agencies, I do not accept that they are not obligated to follow the ordinance," Viets said. "That still remains to be seen."