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Bonita Gooch: Marijuana ballot issue about overcriminalization, not legalization


Reducing the penalty on possession of minor amounts of marijuana makes strong fiscal and social sense.
Reducing the penalty on possession of minor amounts of marijuana makes strong fiscal and social sense.

I support the ballot issue to reduce the criminal penalties on simple possession of marijuana, not because I want to encourage consumption of marijuana or any other drugs. I support the ballot issue because reducing the penalty on possession of minor amounts of marijuana makes strong fiscal and social sense. Even if a positive vote on the issue is challenged by the state, I see the vote as a clear way to measure the pulse of the community.

A “yes” vote will not legalize marijuana or allow anyone to smoke marijuana in public. A “yes” vote simply reduces the penalty for first-time arrests for simple possession of 32 grams (weight of five quarters) of marijuana and/or drug-related paraphernalia by adults 21 or older, and only in the incorporated boundaries of the city of Wichita. Currently, the maximum penalty is one year in jail and a fine of $2,500. If approved, the fine would be $50 with no jail time.

My interest in the ballot initiative actually evolved from my concern about the issue of overcriminalization in America. Some of the Marijuana Reform Initiative volunteers were members of JENI (Jobs and Education – Not Incarceration). When we learned America represents just 5 percent of the world’s population but has 25 percent of the world’s prisoners, we organized to make a change. That’s why many of us joined the initiative effort.

In 2013, the group requested and obtained the Wichita Police Department drug-arrest records. We found 60 percent of all local drug arrests (1,850 per year average, 2010-13) were for small quantities of marijuana and/or related paraphernalia. These small, easy arrests for marijuana possession fill our courtrooms and jails, all at a great expense to taxpayers. The costs are huge for arresting, prosecuting, jailing and monitoring these nonviolent citizens.

Besides costing taxpayers money, these marijuana arrests are ruining lives. A conviction for marijuana possession – even a small amount – can bar individuals from obtaining scholarships and getting jobs, and affect their future earnings. We need to adjust our sentencing grid, because the current penalty and fine for possession of a small amount of marijuana are equal to that for assault on a police officer.

States and cities – yes, cities – across the country have approved similar downward reductions in the penalties for marijuana possession. Columbia, Mo., and St. Louis reduced jail time and a fine to a small fee and no jail time for possession of small amounts of marijuana. Last year the whole state of Missouri followed suit, and the state of Nebraska also revised its sentencing grid for small amounts of marijuana to a fine with no jail time.

Individuals who understand the issue appear to support it. What concerns us is that threats to challenge the ordinance, if it’s passed, may keep some supporters from the polls. They figure, why bother? We disagree.

First, there’s no certainty that there will be a challenge to the vote. Second, we see the vote as an excellent opportunity to let the will of the people be heard. Better than a poll by a television station or blurbs from the Opinion Line, this vote will send a clear message to our elected officials. It’s a chance to have our voices heard.

Bonita Gooch is editor-in-chief of the Community Voice newspaper and a volunteer with the Marijuana Reform Initiative.

This story was originally published March 27, 2015 at 7:04 PM with the headline "Bonita Gooch: Marijuana ballot issue about overcriminalization, not legalization."

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