daily nebraskan
page 1 1
Wednesday, november9, 1977
Fewer pot fines
may be imposed
By Rod Murphy
Possession of small amounts of marijuana will carry less
stringent federal penalties if the Senate Judiciary Commit
tee's Revision of the federal criminal code passes on the
Senate floor early next year.
The new position is a result of a compromise between
committee members favoring decriminalization and those
who wanted stiffer penalties for marijuana possession.
The compromise was worked out by Sen. Birch Bayh,
D-Ind. and Sen. Orrin Match, R-Utah. The position was
adopted last week by an 1 1-2 vote.
The new law is a four-point program, with graduating
penalties for pot possession, according to Carol Sanger,
Bayh's press secretary.
Possession of up to 10 grams (roughly seven joints)
will be a criminal violation like a traffic ticket, according
to Sanger.
Record erased
A fine of up to $100 could be levied at the judge's
discretion. For the .first two offenses, the record will be
erased upon payment of the fine she said. On the third
offense, the arrest record will be erased after the first
year.
For possession of 10 grams to one ounce, a flat fine of
$100 will be assessed, the record to be erased upon pay
ment of the fine after the first two offenses. The third
offense carries a flat $500 fine, she said.
In both of the above instances, there will be no arrest
made but a summons will be issued to appear in court,
like a traffic ticket. The marijuana also is subject to con
fiscation. For possession of one to five ounces, a fine up to $500
andor 30 days in prison can be assessed at the judge's
discretion, she said.
Possession of more than five ounces will carry the
present penalty, one year andor a $5,000 fine for the
first offense and two years andor $10,000 for the second
offense.
The new law accomplishes two of Bayh's goals on the
marijuana issue, according to Sanger.
New code
Bayh has always been in favor of decriminalization for
possession of up to one ounce, she said.
Under the new code, there is no chance for a criminal
record to be retained for possession of a small amount of
marijuana, she said,
"Too many kids have had their records marred by a
first offense,? she said.
The compromise also will help focus federal attention
away from users of small amounts of pot and onto the
pushers, who bring illegal drugs into the country, she said.
r-" ' . " . . ; ; , ; . ;
Bayh believes too much of the present drug enforce
ment effort is spent on the small user, she said.
Symbolic gesture
The new law basically is a .symbolic gesture to the
states to revise their marijuana laws. State law will take
precedent over federal law in this area, she said.
On the other side of the issue, Hatch led the fight
against decriminalization. r
Even though Hatch's moral position was against de
criminalization, according to his counsel. Mike Hunter, he
realized it was not appropriate to retain the previously
still penalties.
Overall, Hatch believes his position won out over
Bayh's since criminal penalties still are applied for all
types of marijuana possession, Hunter said.
Full Senate reaction has been quite favorable to the
.compromise, Hunter said. He added that total decriminal
ization would have heen defeated by the Senate,
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