County decriminalizes small amounts of pot

In unincorporated areas; Sheriff’s office surprised

By William Jones

The Cook County board of commissioners enacted an ordinance last month to decriminalize small amounts of marijuana in unincorporated areas of the county.

The new law allows police to issue a $200 fine to persons who possess less than 10 grams of cannabis in unincorporated areas of Cook County. Incorporated municipalities have the choice of adopting the new ordinance or sticking to existing policies.

Proponents of the measure, including Cook County Commissioner Joan Patricia Murphy (District 6), said the new law will save the courts time and the county money, as well as give first-time offenders a chance to learn their lesson.

“We didn’t excuse it,” Murphy said of marijuana possession.

To many youths caught with a small amount of cannabis for the first time, $200 could be a big deterrent, Murphy said. Court costs were also a big part of the decision because the county has to pay for the hearing, judge, clerks and anything else associated with bringing a cannabis arrest to Cook County court, Murphy said.

The Cook County Sheriff’s office, meanwhile, expressed concern the County Board never consulted it on the matter.

Steve Patterson, spokesperson for the Cook County Sheriff’s Police, said he thinks the topic is a good one for debate, but that the board’s decision was made too quickly and without first consulting the sheriff’s office.

“The ordinance came as a surprise to all of us here,” Patterson said. “We don’t know if it’s the right thing for Cook County or not because we haven’t had a chance to look at it.”

Patterson said the Cook County commissioners in support of the measure cite it as another tool for law enforcement, but did not discuss with the sheriff’s office whether it is the best course of action.

“They never asked us if we wanted that tool,” Patterson said. “The way it is written, it is only making things more confusing.”

The limitation of the law to unincorporated Cook County presents an enforcement issue for determining where officers should be writing citations, and where possession of cannabis is a criminal charge, Patterson said. The sheriff’s police enforce laws in Ford Heights, which does not have its own department but is an incorporated municipality, so an officer would be required to charge someone in possession of cannabis inside the city limits. One block over, in an unincorporated area, someone may just receive a fine, Patterson explained. A law pertaining to cannabis possession should be across the board, he opined.

Murphy, however, believes the law is “very specific.” It offers leniency to first-time offenders, while still keeping a “steep charge” in place for others while taking some of the burden off the courts and county budget in the process, she said.

“I would hope officers could go along with it,” she added.

Not all members of the Cook County Board agree with Murphy. Commissioner Gregg Goslin (District 14) voted against the ordinance, citing inconsistency of enforcement. Whatever officials decide, the law should be statewide, Goslin opined.

“It makes no sense to have something legal on one side of the street and illegal on the other side,” Goslin added.

Several area police chiefs said plans have not changed in their towns in the wake of Cook County’s decision.

Chicago Ridge Police Chief Tim Baldermann said any possession of cannabis charge that comes out of Chicago Ridge is considered criminal. The department has no plans to change to a 10-grams policy, but it is a good thing for officers to use discretion, he said. It might not be worthwhile to process someone caught with a single joint, in which case discretion is a good option for police to have, he added.

Hickory Hills Police Chief Alan Vodicka said his city follows the state statute on cannabis possession, and depending on the quantity either books alleged offenders at the state level for large amounts, or handles it within the city for small quantities.

Evergreen Park and Worth similarly base their enforcement on quantity. Those in possession of less than 2.5 grams of cannabis are charged with a “quasicriminal” misdemeanor handled through the Cook County court. The complaint is only recorded locally, unlike state charges for larger quantities that appear on someone’s criminal record if convicted, Worth Police Chief John Carpino explained.

Handling the smaller possession charges locally helps relieve a burden on the state crime labs, where larger cases must be sent for testing, Carpino said. Most small-time offenders are simply fined when it is handled by the state, anyway; and “casual users” are given the benefit of the doubt, he added.

The county law is similar, but increases the criminal amount to less than 10 grams, instead of 2.5, according to Carpino, who teaches master’s degree courses on drugs at Lewis University. The bigger concern is that the county’s move is a form of decriminalization of the drug, which could lead in the direction of legalization, Carpino said.

“That’s the bigger issue,” he said. “It’s a social problem.”

Carpino also said that while it is the job of elected officials to pass laws and police to enforce them, the sheriff’s department should have had a say in the measure. Carpino said Worth’s elected officials consult with him regularly on changes in ordinance.

This is part of the August 6, 2009 online edition of The Reporter.

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