Thursday, August 6, 2009
One of the most sensible things anyone in this city has ever done? Or THE most sensible thing anyone in this city has ever done?
Posted by Kevin Allman on Thu, Aug 6, 2009 at 9:51 PM
Leon sez getting tough on crime means getting real about pot laws:
District Attorney Leon Cannizzaro appeared before the City Council on Thursday to push for a change to the way the city prosecutes simple marijuana cases."Please keep in mind I am not here advocating the legalization or the criminalization of marijuana whatsoever," Cannizzaro said.
But Cannizzaro is asking that misdemeanor marijuana cases be transferred from criminal district court to municipal court.
Even Councilmember Jackie Clarkson (whom we doubt is a fan of the chronic, the doob, the Mary Jane) agreed:
"We think we have to get the misdemeanor crimes out of your way, so to speak, so you have every open avenue to attack the real criminals," she said....
"Many of the these people would be given essentially a traffic ticket and a summons to show up in court to handle their charge," Cannizzaro said.
Freeing up the courts for violent offenders strikes us as blindly sensible in a town not known for its blinding sensibility. What do you think?
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Comments (13)
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This would be an incredible first step towards sanity in dealing with marijuana use. All they've ever wanted from the potheads was their money anyway.
They should not only decriminalize it but New Orleans should legalize it and open marijuana cafes like they have in Amsterdam. And spare me the "gateway" argument. The Netherlands is shutting down prisons because it doesn't have enough criminals. If NOLA because the first place in America to do what Vancouver has done, it would be a boom to tourism. People who smoke pot are not nearly as much of a problem as drunks.
Isn't this a cost saving measure that bureaucrats around the country have been screming about? http://www.wwltv.com/video/news-index.html?nvid=386875 However, Judge Gerard Hansen was on the WWL news last night opposing the transfer of simple possession cases to municipal court here's more on Judge Hansen http://www.nola.com/news/index.ssf/2008/07/no_magistrate_doesnt_live_here.html
This is probably a good idea; municipal courts are equipped to handle low-level offenses such as this. However, we need to keep in mind that the mantra of "freeing up the justice system to deal with major crimes" has never worked, "broken windows" theory and all. Lawlessness begets lawlessness. Furthermore, can we stop hearing about how New Orleans needs to become Amsterdam with open market marijuana cafes? Even Amsterdam doesn't want to be Amsterdam. They shut down nearly a fifth of their drug cafes last year. Other Dutch cities have abolished them entirely because they have cultivated drug tourism and crime. Moreover, marijuana is regulated under state and federal law, so New Orleans can't simply up and legalize it anyway.
Courreges: not entirely correct on the legalization issue. Due to New Orleans' Home Rule Charter, the State Police are generally barred from operating within City Limits. (That's why you always see that Statie speed trap on Earhart just past the parish line.) So, if the Council legalized weed, that would leave the Feds. They might go after it, but maybe not: after all, it would be pretty small-time, compared to their usual targets.
maybe if Cannizzaro and his staff of fucking clowns do this they'll be able to win a case at trial every so often... hmmmm no, never mind, nothing could help those LOSERS. lol, they couldn't convince a jury that water's wet. Pathetic goons... check their @trial track record, they're hopeless. Keep hiring crooked cops, y'all, keep colluding with scumbag judges... And speaking of judges, that useless pig Hansen only opposes this because it's his bread & butter... he gets $500 to his expense fund per marijuana conviction.
Joe America: It is correct. Although New Orleans could adopt a policy of refusing to enforce state law, a New Orleans law legalizing marijuana would be void. Furthermore, the state and federal government would react to such a policy. The feds did this before with medical marijuana in California. Furthermore, the state might fight the city in Court if it adopted a policy of refusing to enforce state law, or simply withhold state funding in retaliation. In short, New Orleans can't simply ignore state and federal law. There would be consequences to that. And in any event, it's just not going to happen.
No shit, it's *probably* not going to happen. But it's not a black-and-white matter, hence my use of the term "not entirely correct." Also, in case you haven't been paying attention, Obama promised to reverse the Bush-era policy of medical marijuana raids in California (and elsewhere).
It's as close as you can get to black-and-white -- New Orleans becoming Amsterdam-on-the-Mississippi may be the fevered dream of many a stoner, but unless state or federal law changes, in addition to local policy, it isn't going to happen. As for Obama's promise to reverse medical marijuana raids, well, let's just say he hasn't acted quickly. And I seriously doubt Obama would tolerate a state or local policy of outright legalization. I can't think of any seriously presidential contender who would.
The City Charter possibly cannot eliminate marijuana laws, but it is pretty clear in it that the city is 100% allowed to enforce any misdemeanor in any way they please. Misdemeanor marijuana possession in Louisiana is supposed to be up to 60 pounds, but they usually charge people with that much with a felony of "intent to distribute", as if someone's intent can actually be proven beyond a reasonable doubt. Some people like to buy in bulk. It's cheaper that way. Kind of like shopping at Sams Club instead of Wal Mart.
