The Eugene City Council voted Monday night to raise the fine for misdemeanor possession of marijuana from $100 to $250. At first, we were torn on the issue, as it does put an unfair added burden on those who have a legal right to possess marijuana. On the other hand, the new diversion program accompanying the fine hike will give students a second chance.
The way Oregon’s medicinal marijuana system works can already be a potent Catch-22 for patients, and increasing the fine seems to be punishing the wrong people. It is not illegal to possess marijuana if you have a medical condition and a license from the state — but there is no legal place to purchase marijuana. So patients sometimes resort to illegal sales and run the risk of arrest.
Then again, so does anyone who wants to buy weed. College students often are users of marijuana, and they, too, can face an unfair price for indulging.
According to federal law, once you are convicted of a drug offense — any drug offense, even a misdemeanor — you risk losing any future financial aid. This burden is high — too high for students engaging in an activity that is not so much harmful to others as it is annoying to the status quo — at least as regards marijuana use.
That is why, ironically, we like the idea of increasing the fines for misdemeanor possession. The city is starting a new diversion program for first-time offenders that will allow them to clear the conviction. “Marijuana and Other Drugs” will be offered by the University and will cost only $90. So the idea behind increasing the penalty is that first-time offenders will be more likely to pick the $90 diversion over a $250 fine.
We don’t like the thrust of the BUSTED-style diversion programs, as they lean too heavily on hyperbole and propaganda. We don’t really know many people who substantially changed their recreational use habits as a result of them. But we like the idea that people convicted for the first time on an essentially harmless offense could have it cleared from their record.
Of course, the best-case scenario would be to decriminalize possession of small amounts of marijuana. There is a major difference between someone who uses meth or PCP — or alcohol for that matter, as all three have a tendency to bring out aggressive behavior — and someone smoking marijuana.
All marijuana prohibition accomplishes is injustice; the penalties are out of line with the offense. But until someone is able to garner enough support to change the law, we support the fine increase, as it is likely to encourage students to clear their record on first-time offenses.