MONDAY, NOVEMBER 24, 1969 THE DAILY NEBRASKAN PAGE 3
Penalties lighter in Nebraska
by Gary Seacrest
Nebraska Staff Writer
A person arrested in Nebraska for
possession of marijuana is subject to
penalties which are less severe than
in many other states.
In Nebraska possession of marijuana
in certain instances is a misdemeanor
instead of an automatic felony. Although
marijuana is not a narcotic, federal laws
and most state laws now dfcfine it as
such.
In Virginia, for example, the minimum
penalty for possessing more than 25
grains (about half a teaspoon) of mari
juana is 20 years imprisonment.
LB2, enacted by the 1969 Nebraska
Unicameral, provides that first offense
possession of less than 25 marijuana
cigarettes or less than a half pound
of preparations, compounds, mixtures or
substances of marijuana is a misde
meanor and punishible by a sentence
of 7 days in the county jail, separate
and apart from other prisoners.
Another provision of the law provides
that every person sentenced to the
county jail, state penal complex, or
placed on probation for possession of
marijuana or its derivatives shall be
required to takv a druq education
course. The course is conducted by the
State Health Department and deals with
the medical, psychological, and social
effects of the misuse of drugs.
Nebraska law controlling depressant
and stimulant drugs was revised bv the
l7 Legislature. The law makes it
unlawful to manufacture, distribute,
deliver, or possess LSD or other
hallucinogenic, depressant, stimulant or
conterfeit drugs for harmful or il
legitimate purposes.
People who violate this law will be
charged with a felony. For a first of
fense, punishment is a fine of not less
than $500 nor more than $3,000, or im
prisonment for not less than two years
nor more than five years. For a second
or subsequent offense punishment is a
fine of not less than $1,000 nor more
than $5,000 and imprisonment for not
less than five years nor more than 10
years.
The Nebraska law on depressant and
stimulant drugs does not make a legal
distinction between professional
criminals, confirmed addicts and casual
drug users.
Enforcement powers of drug laws are
invested in the Nebraska Safety Patrol's
Division of Drug Control. The state has
the right to make use of undercover
agents on the University of Nebraska
campus to enforce the drug control act.
The University of Nebraska policy on
drugs in the past has been to cooperate
with federal and state authorities in the
prevention of drug misuse. The
University has also suspended students
who have been convicted of violating
drug laws.
By a 1963 law, drug addiction is con
sidered a dis'ease in Nebraska. Anv
person found using a habit-forming
narcotic drug will be examined bv a
court-appointed medical team. If results
of the examination show substantial
proof that a person is an addict, the
court, according to the law. has to com
mit the user to a state hospital for
treatment.
The 19f6 Federal Narcotic Addict
Rehabilitation Act is similar to the
Nebraska act. The federal law outlines
.'ommittment, examination and treat
ment procedures for narcotic addicts and
is aimed at rehabilitation through treat
ment. The current federal laws controling
drugs are comparatively severe and in
some instances contradictory. The
federal penalty for sale of marijuana
is now two to 10 years in prison for
a first offender, while the sale of the
more dangerous LSD carries only a
maximum one year prison term and
a $1,000 fine.
A second federal conviction for selling
marijuana carries four times the poten
tial maximum penalty as manslaughter
and some types of sabotage. Current
federal law threatens the same punish
ment to a casual user of marijuana
as it does to a pot peddler.
In July the Nixon Administration pro
posed a new drug control act that was
designed to fight the growing menace
of drugs. The proposed act would have
made the penalties applying to mari
juana and LSD the same as those for
such dangerous, habit-forming drugs as
locaine and heroin: up to 10 years in
prison for possession and up to 80 years
in prison for the third conviction of
selling to persons under 18.
However, due to pressure from many
sources the Nixon Administration pro
posed a new and different drug control
act in October. A Senate committee is
now hearing proposals that would con
stitute the first comprehensive revision
of federal narcotics penalties since 1937.
For the first time, distinctions would
be drawn between professional
criminals, confirmed addicts, and casual
drug users.
Under the new federal proposals,
mandatory jail sentences for possession
of drugs only now a minimum of
two years would be eliminated. In
some Instances, possession for a person's
own use would be changed from a felony
to a misdemeanor. The proposals
recommend reducing the federal penalty
for possession of marijuana by a first
offender to a misdemeanor.
Possession of a dangerous drug with
intent to sell would remain a felony
with a possible five year jail sentence
under the proposed law.
There would still be no legal distinc
tion between marijuana and heroin,
however. But the proposed law would
allow judges the latitude to grant le
niency in marijuana cases. Federal of
ficials claim the new proposals are more
flexible than drug laws in 35 states.
Three alternative penalty schedules
will be offered to Congress. Under all
three the maximum penalty for
possession of harmful drugs would be
changed from 10 years imprisonment
and a $5,000 fine to one year and a
$5,000 fine for first offenders. The
recommended codes will give judges
more discretion to deal with cases in
dividually. Maximum penalties for sale of
narcotics would vary under the new
proposals from 12 years in jail and
a $25,000 fine to 20 years and a $25,000
fine. The current penalty is 20 years
imprisonment and a $20,000 fine.
The Department of Justice is also
developing a model State Narcotics and
Dangerous Drugs Act.
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Control of Nebraska's pot crop: two views
"If eradication amounts lo habitat destruction,
which is the theoretical end-point, then it should
not even be considered."
Phil A gee of the Nebraska
Game and Parks Commission
Eradication of the Nebraska
marijuana crop is virtually
Impossible, according to the
chief of the research division in
the Nebraska Game and Parks
Commission.
Eradication efforts, says Phil
Agee, would be a severe
disruption upon the state'
plant and animal population.
"There has been one method
known that would certainly kill
the weed," Agee says, "but if
the method was used, it would
create more problems than it
would solve."
The method i2, 4-D) cannot
deal exclusively with mari
juana without affecting other
plant and animal life, says
Agee, who has conducted
research relevant to the pro
blems which would develop, if
eradication ever is attempted.
"First of all," Agee points
out, "marijuana is extremely
widespread in the state. It
would be very difficult and
very expensive to attempt
eradication. A lot of the weed,
which grows in creek beds,
fence rows, near railroad
tracks and in other equally in
accessable areas, would be
hard to get to."
Agee says that eradication,
or even an attempt to severty
reduce the marijuana crop,
would create uncompensating
repercussions. "Any environ
ment is made up of many
parts," he explains. "Grassy,
weedy, and woody plant species
make up what we call a
biological or plant community.
"A disruption to any of these
species," he continues,
"produces an effect upon all.
The net effect of eradication
with 2, 4-D would severely
reduce the broad-leaf plants.
The plants would be replaced
by grass. Ecologists know that
this is virtually impossible. In
essence, you are removing an
entire vegetation complex and
replacing it with sod."
Grasses move in by natural
sequence when plants die,"
Agee adds. "The seeds In the
hemp of marijuana are
valuable to wildlife. It is next
to Impossible to try to destroy
this plant lifo artificially. There
are 10,000 miles of stream bot
toms alone which would have to
be examined and treated."
Not only would eradication
hy 2. 4-D affect broad-leaf plant
life, but it also would affect all
trees and shrubs, which are
equally vulnerable to the
ecological shift, according to
Agee.
"When you shift to grass on
ly, you are leaving some
grasses tolerant only to certain
animal life," Agee points out.
"For instance, the bob-white
quail could not survive the
shift. The species requires a
mixture of grassy, weedy and
woody species."
Agree, who says that there
seems to be no practical
eradication solutions, also
claims there are few logical
weed control ideas.
"Nebraska has deep, rich
soils," he says, "which are
very adaptable for marijuana.
The marijuana crop, which is '
an annual plant, has a wide
range of adaptability, however.
Soil, humidity and rainfall
levels all affect its growth."
Wildlife needs marijuana, he
adds, because marijuana pro
vides a valuable range to the
habitats that it occupies. "If
eradication amounts to habitat
destruction, which Is the
theoretical end-point, then it
should not even be considered."
"I just wonder if the Game Commission knows
what they are talking about when they say that
marijuana is essential to certain plant and animal
life"
Dr. Laren K. Kobisou
according
Nebraska
weed
in
Nebraska's marijuana crop
can affectively be controlled
without eradication,
to a University of
extension specialist
control.
The specialist. Dr. Laren R.
Robison, says, "I just wonder if
the Game Commission knows
what they are talking about
when they say that marijuana
is essential to certain plant and
animal life."
Robison. who admits that he
agreed with the Game Com
mission before, says that most
persons assumed the Com
mission was right in equating
the importance of marijuana as
valuable food to certain plants
and animals.
"I certainly feel that mari
juana is an important source of
food for some wildlife In the
early fall." Robison says, "but
I wonder really how long it
serves in the diet of certain
birds. I think that it's an im
portant question to really look
into."
Robison says he shifted
viewpoints after simply looking
at the seed and examining the
plant. "I, like others, assumed,
it was needed for wildlife," he
says, "but no one fever looked
to really see. I found that most
of the time the seed shatters,
dies and is covered with snow
before most birds have a
chance to get to it."
Therefore, Robison contends,
a severe reduction in the
marijuana crop would not
necessarily create harmf.il
repercussions upon the state's
plant and animal life.
"Eradication obviously is
impossible," he c o n c e d e s ,
"because any eradication talk
is an effort in futility. A large
scale spray program can kill
tilings not intended. Everything
is an off-target in a spray pro
gram. Broad leaves are
especially susceptible."
Large-stale control
Robison, however, feels that
a large-scale control program
of marijuana is not necessarily
harmful.
"We need to know the life
history of the plant before
making any decisions, "
Robison says. "I don't think it
would take long to compile the
data we need because mari
juana is an annual plant, not a
perennial one."
Robison suggests a research
team effort to study the plant's
history. "It would take a
special appropriation, probably
from the federal government,
since the answers which would
develop from such a study
would serve a useful need for
the entire Midwest."
Although admitting that
eradication of marijuana is out
of the question, Robison says
that an effective control pro
gram could, perhaps, be In
corporated. "I think that a competitive
species reseeding program
could be effective," Robison
says. "Our wide open-spaced
lands are an open canopy,
which successfully could be
reseeded. This, at least, would
curb the harvest of the plant, if
such was called for."
Robison claims that little
study has been devoted to the
possible biological control of
marijuana. "If we rea'Iv
wanted to destroy the seed." he
says, "it might be able to b
done, If the proper study could
reach a conclusion.
"We may be able to import
an effective control," he adds,
"from Australia or Idaho, for
example. Also, thistles eat
seeds. There may be something
that would eat the seed every
year, and since marijuana is an
annual weed, the seed would be
destroyed each year. Even
tually, there would be no
reproduction."
Research surveys and other
studies are needed, however,
for these possibilities to
materialize, Robison says.
Nation's lop druggist
Pot may be 'no more dangerous than alcoho
r
by John Dvorak
Nebntskun Staff Writer
Young people sometimes assume that the
older generation, and especially government
officials, are against even the existence of mar
ijuana. It's not always true.
In fact the former director of the U.S.
rood and Drug Administration, Dr. James L.
(!oddard. has adopted a wait and see attitude
on the legalization of marijuana.
"I would have to say that a great deal of
Goddard; a "wait and see" attitude to
ward legalization of pot
the marijuana controversy in past years is re
lated to the society's moral sense, rather than
to a physiological or medical sense." Goddard
said in a telephone interview from his Atlanta.
Ga.. home.
Goddard resigned from the Food and Drug
Administration in May 1963 after two stormy
years on the job. At one point during his term,
he stated that marijuana may be no more dan
gerous than alcohol.
"The. problem is that we have done very
little research in the past 30 years on mari
juana." he continued. "We should not have
research on this subject impeded."
31 on marijuana research
The 46-year-old physician, who now con
ducts applied medical technology with an At
lanta firm, has joined with other doctors, gov
ernment officials. Uie American Public Health
Association and the American Medical Asso
ciation to encourage marijuana research.
"We really don't know about its clinical
effects yet." he said. "I think we will know in
a relatively short period of time."
Obvious effects of the weed are well
known of course. I5ut there are several im
portant questions remaining to be answered,
as Goddard pointed out.
Does long term use of marijuana have
harmful affects?
Does the drug affect human chromo
somes? What affect does it have on the repro
ductive processes?
Several government agencies are under
writing an extensive study of marijuana.
The first phase of the program provid
ing adequate supplies of the drug for testing
is underway. The third phase clinical
tests on humans has just begun.
If all goes well, most necessary informa
tion will be available in two or three years,
according to some estimates.
No addictive qualities
Goddard is convinced there is nothing in
herent in marijuana which makes it addictive,
or encourages the use of more potent drugs.
"My main concern is about the very
young; those who may have psychiatric prob
lems or social adjustment problems," he said.
It is conceivable that such youngsters could
become dependent on the use of marijuana.'
just as other older persons become alcoholics.
The doctor, who has three college-age
children, admits there is a distinct possibility
that marijuana may be quite harmful. If it's
not. he feels, the country should be embarras
sed by the harsh set of laws that have made
innocent people suffer, particularly in the past
several years.
"I think without question that most mari
juana laws are too restrictive in nature," he
said. "They tend to make a felon out of a
user."
For instance, a Virginia youth is now serv
ing a 20-year jail term for possession of three
pounds of the weed. In Nebraska, a person's
first marijuana conviction is generally a mis
deameanor. Goddard hedges, however, when asked if
marijuana should be legalized. He will re
serve judgment.
"Now this isn't a cop out. We just don't
know enough about it," he said. State laws
should, he added, be changed to conform with
national laws. That would make the mere pos
session of marijuana a misdemeanor and not
a felony.
It has been estimated that somewhere be
tween eight and 12 million Americans, not all
of them collegians, have either tried pot or
smoked it regularly. No one even suggests that
all of them be apprehended and penalized.
"Look what happened at the Woodstock
Pop Festival in New York." Goddard remark
ed. "The authorities didn't crack down there
although a serious problem was before them."
The United States doesn't have enough
jails, nor should the society even attempt to
make felons out of the millions of Americans
who try pot, he said.
(notion of rights
It comes down to the ancient philosophical
argument, he added. "If a person's actions don't
infringe on society and the rights of others,
then should they be free to do whatever they
want?"
Society has said "no," he said. And it has
said no on a number of issues, far broader is
sues than marijuana.
"It's not legal now to smoke marijuana,"
Goddard said. "So you're risking a violation of
the law. This does not speak of the goodness
of the law or the badness of the law. There
simply is a law."
The physician takes strong issue with
those who feel that drugs are destroying Am
erica's young people.
"The young people of today are far smart
er than they were in my generation. I'm not
worrying about drugs destroying them," he
said.
"Drug use is a symptom of discontent." he
said. "It's not the problem. It's just a manifes
tation of a whole set of problems."
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