Under Ohio state law, the possession of up to 100 grams of marijuana (approximately three ounces) is classified as a ‘minor misdemeanor’ punishable by a $150 fine and no criminal record. However, in 2006, Cincinnati council members enacted a separate citywide marijuana ordinance making minor marijuana possession offenses punishable by up to 30 days in jail, a $250 fine, and a criminal record. Statistics released shortly after the law’s passage reported that the ordinance failed to reduce criminal activity and drug tourism within the city, but did significantly increase local law enforcement costs. Nonetheless, council members voted 7 to 2 in 2007 to make the municipal ordinance indefinite.

By repealing the ordinance, local police and prosecutors will once again have to apply the state law to defendants found to be in possession of marijuana within the city limits.

The Cincinnati City Council is expected to finalize the vote on Thursday, the Cincinnati Enquirer reports.

In recent months, the cities of New Orleans and Philadelphia have enacted municipal proposals reducing minor marijuana offenses from criminal misdemeanors to summary (non-arrestable) offenses. In California, legislation reclassifying the possession of up to one ounce of cannabis from a criminal misdemeanor to a civil infraction became law on Saturday.

According to an investigative report by the New Orleans City Business newspaper, Orleans Parish District Attorney Keva Landrum-Johnson is routinely seeking five-to-20 years sentences for minor pot possession offenders.    

Smoke Screen
District attorney boosts felony convictions with marijuana cases
via neworleanscitybusiness.com

Shortly after Keva Landrum-Johnson took over as district attorney following Eddie Jordan’s resignation Oct. 30, hundreds of new felony cases flooded the public defenders office, overwhelming the 29 defense attorneys.

… The flood of new felony charges didn’t target murderers, rapists or armed robbers — they targeted small-time marijuana users, sometimes caught with less than a gram of pot, and threatened them with lengthy prison sentences.

The resulting impact has clogged the courts with non-violent, petty offenses, drained the resources of the criminal justice system and damaged low-income African-American communities.

… Landrum-Johnson’s decision to accept felony charges on people arrested for second and third marijuana possession offenses is a dramatic break from the tactics of former DAs Jordan and Harry Connick.

A first-time marijuana possession charge in Louisiana is a misdemeanor punishable by up to six months in prison but typically results in a small fine. A second offense is a felony that can carry up to five years in jail and a third offense up to 20 years.

Under Jordan and Connick, however, second and third offenses were routinely reduced to misdemeanors that typically did not require a trial. This freed up public resources to be spent on violent crimes as opposed to minor, victimless offenses.  

Question: Who’s the real ‘bad guy’ here?

The obvious answer is DA Landrum-Johnson, who is throwing the book at minor pot offenders in a cynical effort to appear ‘tough on crime’ and bolster her campaign for Criminal Court Judge.

But the blame should not end with the DA. The true culprits responsible for this mess are the Louisiana lawmakers who, apparently, believe it’s quite alright for minor pot offenders to face up to 20 years in prison and a felony record.

It’s not the responsibility of each individual DA to try and make rational sense out of what is clearly an irrational law. In fact, in an ironic twist, DA Landrum-Johnson’s actions may actually hasten statewide reforms in Louisiana by once and for all exposing the state’s dirty little secret: Louisiana possesses some of the most malevolent pot penalties in the country!

Well, it’s time that we call them on it. Write or call your Louisiana state legislators and ask them if they believe that minor marijuana offenders should face five-to-20 years in prison. And if they don’t, then tell them to sponsor legislation in 2009 to make Louisiana’s absurd pot penalties a thing of the past.

Speaking in Vienna this week, Costa commented on his brief appearance with this ad hominem attack:

“I attended the meeting of the Drug Alliance [DPA] in New Orleans last December, 1200 participants, 1000 lunatics, 200 good people to talk to. The other ones obviously on drugs.” 

Of course, the idea of Mr. Costa — who just yesterday told the New York Times that pot use poses a greater danger to society than the use of cocaine or heroin — calling us crazy would be ironic if it wasn’t so insulting.

That said, unlike Mr. Costa, I’ve chosen not to articulate my thoughts with epithets. Rather, I’ve decided to simply post some of Mr. Costa’s previous statements and let the readers decide who is “obviously on drugs.”

“Today the harmful characteristics of cannabis are no longer that different from those of other plant-based drugs such as cocaine and heroin.”
Quoted in the London Telegraph, June 27, 2006

“Governments and societies must keep their nerve and avoid being swayed by misguided notions of tolerance. … Amid all the libertarian talk about the right of individuals to engage in dangerous practices provided no one else gets hurt, certain key facts are easily forgotten. First, cannabis is a dangerous drug — not just to the individuals who use it. … Evidence of the damage to mental health caused by cannabis use — from loss of concentration to paranoia, aggressiveness and outright psychosis — is mounting and cannot be ignored.”
Commentary in the Independent on Sunday, March 27, 2007

“The links between organised crime, drug trafficking, drug consumption, drug money, arms trafficking and terrorism become clearer every day. We know that even the occasional marijuana smoker is a link in a much longer and more dangerous chain.”
Quoted by Australian Broadcasting, June 27, 2005

“Think also of the fact that more and more people are voluntarily seeking treatment for cannabis abuse problems and that evidence is fast mounting that even casual abuse of ecstasy can lead to long term brain damage. So ‘recreational’ drug abuse can’t be safe, can it?”
Speech given June 26, 2003