DU lawyers....quick question

[serryjw]

I'm starting to work on the state petition to legalize or decriminalize the one oz. possession of marijuana for Novembers ballot....Which is correct ..is it legalizing or decriminalizing???

[benburch]

1. Decriminalization is where you lower penalties to a fine...

...or sometimes from a felony to a misdemeanor.

Legalization is where you make it legal within a regulatory framework.

At least that is how I have seen the words used.

I've also seen them take totally the reversed meaning.

[Kutjara]

2. Legalization usually means to make legal.

If something is legal to do, then no penalties accrue for doing it.

Decriminalizing means that, while not legal, an action will not attract criminal penalties or create a criminal record. In practice, this means that the action will be put on the same level as parking violations and jaywalking. They're not legal, but the penalty is usually a fine and the offense is not recorded as a crime.

[Czolgosz]

3. This should help you:

<http://www.mpp.org/grants/local/local2.html>

[serryjw]

4. Have not read the initiative yet

but I don't think it's for medical marijuana. Colorado spend about $2 BILLION annually for this bushit. We have a terrible meth problem. The money would be better spent there.

[Czolgosz]

5. This is just to give you some language to use.

[sandnsea]

6. Oregon is decriminalized

Medical MJ is legal, but less than an ounce is also like a ticket or something. Maybe you could search the Oregon Revised Statutes to find the verbage. PM me if you don't find it and I'll see if I can find it somewhere else.

http://www.leg.state.or.us:8765/

[serryjw]

7. Thanks...can only find medical

marijuana. I really don't need the exact wording. I was more interested in how I convinve middle age people that thi sis a smart thing.

[sandnsea]

8. gosh I don't know

I can't completely remember, but I'm thinking this is back when Oregon was really working hard on a different kind of criminal justice system altogether. Rather than build more state prisons, Oregon went to local county jails with a treatment/counselling component. So IIRC, decriminalization was part of a trend among the people towards a more rational approach to crime problems. Here's some stuff from the time that might give you some ideas.

http://www.marijuanalibrary.org/history.html

[serryjw]

9. At 56 I don't think the average person

realizes that we spend $2 BILLION/annually. We will never change this since my day in college. Why are we doing it? That money could be used to stop Meth labs & rehabilitation for other drugs which I could bet with a republican governor is not available.

IF we could change the federal bushit under Ashcroft, could a state law be grandfathered?

[sandnsea]

10. The death penalty was

Everybody sentenced to the death penalty got that sentence overturned back in the 70's. So I would think you could do that with pot. I don't know how they did it in Oregon.

It isn't a panacea though. We've still got funding problems and serious meth problems in this state. Recently our county just flat stopped prosecuting all petty crimes, no money. I don't exactly know how that's all worked out, but they decided to focus attention to violent criminals and make sure they didn't fall through the cracks. I haven't kept up with it all to see whether they found some money or what exactly.

Have you looked at Montana's new strategy? Schweitzer proposed a system that separates drug treatment, first time offenders, and I think the criminally insane. I think combining that kind of overhaul strategy with repeal of marijuana laws might have a better chance of passing than just the mj laws alone.

My husband was a CD counselor in the 80's so it's something he was involved with at the time and we've always kept a bit of an eye on. He opposed the county jail plan and wanted county treatment programs to prevent the need for the expanded county jails in the first place. Local jails are alway a better option than state prison, but they also take money away from treatment as well as continuing the lock 'em up mind set.

[serryjw]

11. I just picked up the petitions

It for one ounce or less for PRIVATE use for over 21. We spend $2 BILLION on this shit. We have a huge meth problem where the money could be better spent.