Prosecutor in Drug Debate Speaks Out About Decriminalizing Pot
Associated Press
January 31, 2008
Burlington Free Press
MONTPELIER — A prosecutor who sparked the debate about the state's marijuana laws took his case to the Vermont Legislature, telling a Senate committee that people found with small amounts of pot should not be treated as criminals.
Windsor County State's Attorney Robert Sand proposed Wednesday that the state issue civil fines to people arrested for the first time with small amounts of marijuana. That would alleviate the burden on police and the criminal justice system, he said.
"To respond to the lowest end of the marijuana cases, it is estimated that it takes two hours of police work," Sand told the Senate Judiciary Committee. "What happens in our communities during those two hours that the officer is pulled off the streets?"
The committee is considering a bill that would decriminalize the possession of small amounts of marijuana. Instead of being arrested, most people would receive a ticket with a fine of up to $1,000. The bill also decriminalizes the sale of small amounts of pot, which the committee finds problematic.
Sand proposed a slightly different approach, with penalties increasing depending on the amounts of the plant. If one ounce is found, the pot would be confiscated and destroyed. Civil tickets and court diversion would be issued for two ounces and misdemeanor and felony charges would result for greater amounts.
He said the amounts proposed are flexible, but said other states have decriminalized up to 3.5 ounces.
"Twelve other states have figured it out," he said. "I think Vermont can figure it out as well."
Lawmakers had concerns that decriminalizing pot might send the wrong message to young people and about how to handle people driving under the influence of pot.
Sand said education and treatment will prevent a rise in marijuana use.
"In the states and countries that have decriminalized, they have not seen increases in use," he said.
He also said his proposal would change the driving under the influence laws to include THC found in marijuana.
"If you choose to use and you drive with THC in your system, you should face a DUI," he said. | 
