OPINION & EDITORIAL
That just ain’t right: Police panic over minor drug offense
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Also by Bill Klousie:
- That just ain't right: Newspapers should not endorse political candidates (February 23, 2007)
- That just ain't right: America needs a new 'representative' party (March 2, 2007)
- That just ain't right: Police panic over minor drug offense (February 16, 2007)
Related Stories:
- Drug incarceration rates real buzz kill (December 11, 2007)
- VA Tech shootings provide perspective (April 30, 2007)
- Local celebrity rag needed (April 20, 2006)
- Lichtenheld rantinsg absurd; politics impede EC availability (December 6, 2005)
- Lost hour saves environment (March 12, 2007)
by Bill Klousie
Friday, February 16, 2007
Welcome to "That just ain't right." This is your weekly opportunity to expose some of life's many injustices to the world. There are some items of interest and concern that just don't seem to make any sense to most rational human beings, yet there they are, staring us in the face each and every day of our lives.
This column is your opportunity to help make our lives better, or at least explore alternative suggestions for solving some of the social issues we face. Even if this only means getting it off your chest and sharing your concerns with our readers.
This being my first column, you don't know that I want you to write in yet! So I will tell my own personal story, in an attempt to get the ball rolling. So I am writing to myself… and then I will attempt to offer myself advice. This reminds me of a really bad dream!
I got busted in October of 2005, in my own front yard for disorderly conduct when I refused to allow a Madison police officer — without a search warrant — to enter my home. As the officer searched me he discovered that I had a gram and a half of marijuana in my pocket.
After paying the $700 fine for the disorderly conduct offense, the district attorney didn't drop the misdemeanor marijuana charge. In May 2006 I entered the "Dane County Alternatives to Incarceration Program," also known as "Drug Court."
I participated in two separate drug addiction assessments. No clinical drug or alcohol dependency was diagnosed. That decision was made using a clinical formula derived from a long "list of indicators for dependency."
When no drug problem was diagnosed, the court still forced me to go attend four weeks of alcohol awareness counseling while taking random pee tests for the last nine months. These tests include urinalysis for alcohol, cocaine, marijuana, amphetamines, morphine and barbiturates.
During this program I discovered that this whole thing has cost the citizens of Dane County in excess of $4,000. I'm very concerned that the people in Madison and throughout Dane County are not aware that their tax dollars are spent "rehabilitating" poor college students who are caught with less than a joint. I'm thinking, "That just ain't right!"
The Drug Court system in this county has, in many instances, been a valuable tool helping addicts overcome a variety of serious addiction problems. The court provides both outpatient and inpatient programs providing supervision, counseling and one-on-one mentoring in an attempt to help serious cocaine and heroin addicts patch their lives back together. All of this while keeping these unfortunate people out of jail. Often the charges against them are reduced or dropped upon successfully completing the nine-month program.
In this particular case, however, I would seriously question whether the system wasn't perverted. This situation seems hypocritical, particularly when from the bench, the judge preaches the value of each and every place in the program. Each spot in the drug program is a very precious commodity that should be cherished by every participant and is a very expensive investment in the participant's futures.
Yet, there seems to be no mechanism in place that allows a judge to objectively review the decisions made by the District Attorney's Office and apply their discretion to modify the conditions of that plea agreement. This would potentially kill three birds with one simple, but brilliant, insight.
Reviewing incoming cases could save taxpayer dollars and offer the judge a chance to evaluate a variety of expense versus social benefit questions, all while protecting citizens from overzealous prosecution and misdirected priorities within the District Attorney's Office.
Well, that's the way I see it. The questions that come to mind immediately are: How does the District Attorney's Office justify the $4000-plus expense to adjudicate a simple marijuana misdemeanor charge? How often does this happen in Madison? Why wasn't the Madison municipal fine imposed? And what about the city municipal ordinance decriminalizing small amounts of the stimulant while on your own property?
At the very least, the court should be willing to modify its policies in order to make the system more efficient and provide additional independent oversight of the district attorney's sentencing recommendations.
So what do you think? Should the good taxpayers of Dane County advocate this method of dealing with insignificant offences? Don't you think your parents' tax dollars could and should be spent more judiciously? For example, giving their money to us college students.
Tell me what you think folks. Because I'm thinking, "That just ain't right!"
Bill Klousie is a junior majoring in journalism and zoology. Send your comments and story ideas to (klousie@wisc.edu).
Anonymous (February 16, 2007 @ 7:06am):
why were cops at your place to begin with? You dont mention why they wanted to come into your house
Anonymous (February 16, 2007 @ 9:17am):
I find it hard to believe that all you did was to refuse to let the cops search your home. Did you say no way am I letting you into my house without a warrant, pig! If you did not call the officer names or raise your voice then why didn't you fight the ticket? People need to understand that standing up for your rights, doesn't mean you have to shout, yell, call names, or spit.
Anonymous (February 16, 2007 @ 9:27am):
I think that you wouldn't have been forced to go into the program if this was your first offence. However, it appears that this was not your first offence. According to CCAP you were convicted of possession of THC in 1994.
I agree that tax payers shouldn't pay for the program but I think you need to come to the realization that YOU caused this to happen.
-Mr. Pirate
Anonymous (February 16, 2007 @ 9:57am):
You need to take the responsibility for your actions. You knew possession was illegal, you knew you were breaking the law (whether the law is right is another question... I think it is, but others would argue, change the law). No one forced you to do so, therefore, you should take responsibility for knowingly violating the law.
I do agree, taxpayers should not be responsible for whatever the Drug Court does, it should be those who got busted. The taxpayers did not make you possess and should not be punished accordingly.
Isn't it funny how a large part of society want to treat those addicted to a legal drug (tobacco) as criminals, yet expect those who use illegal drugs to be treated like victims? Something is wrong with this picture.
Anonymous (February 16, 2007 @ 10:23am):
No that sounds about right Bill. Just as the last commentor said, why were the cops there in the first place? Last time i checked cops dont want to enter your home for the hell of it. Clearly someone called the cops on you, probably because you were high playing your hippy music too loud, spinning in circles with your shirt off. Sorry i dont feel sorry for you.
Anonymous (February 16, 2007 @ 10:24am):
People don't have small amounts of pot on them without having bigger stashes elsewhere. Why can't pot heads realize the dangers and illegality of the drug. But I agree with you that the state wasted $4k. It would be easier and cheaper to just shoot the lot of you filthy junkies.
Anonymous (February 16, 2007 @ 3:51pm):
Wow...how presumptuous of a lot of these people (above me) to make judgments on Bill without letting him answer the unknown questions first.
I happen to know Bill personally, and I know enough about what happened to know that the reason the police were there and entering the home had nothing to do with Bill being uncooperative in any way. NOT THAT THIS IS ANY OF YOUR BUSINESS, but what Bill said that led the police to enter the home was actually said to protect them! If he sees fit to explain this all to you, that's up to him, but I just wanted to clarify a small bit of this because I hate seeing my Dad's word discredited.
As far as the "filthy junkies" and "playing your hippy music too loud, spinning in circles with your shirt off" comments, I'm not sure where you people live, or the sort of people you find yourself around, but Bill is a high ranking and very active student at the UW, an productive member in the community and at his church, a wonderful father and husband, and a great journalist.
To make these erroneous and prejudice statements is only to make yourself look ignorant.
Signed,
Sabrina
Bill's Daughter
Anonymous (February 16, 2007 @ 5:45pm):
Sabrina,
It is obvious you look up to your father, and that is wonderful. But I have to question a role model that blatantly uses an illegal substance (breaking the law) and does not think there should be consequences to said action. We live in a society of laws, you break them, you should be held accountable. You do not like the laws? Work to get them changed. Teaching children that obeying law only applies to things he agrees with is not very role model like.
Not to say your father should be, but there are a lot of upstanding members of society in prison for various crimes because they thought the law did not apply to them or were just plain stupid.
Anonymous (February 16, 2007 @ 10:11pm):
I hope all you cop appologists have an opportunity to find out just how fair the cops really are. They all do whatever they want and lie all the time. They are mostly bullies who get very upset if you show the slightest amout of disdain for their "athorata". They'll beat you down without a thought. NEVER TRUST A COP.
I was in Madison back in the day when the cops used their barb-wire covered wagons with trap doors to drop the tear gas as they rammed thru the crowds of protestors .
Anonymous (February 17, 2007 @ 1:06am):
You said it, if the law is wrong, work to get the law changed. I think opening discussion, informing people of the facts surrounding his situation and writing for various papers and journals is a good start.
Here's my CHEERS to Bill for writing about it, and pushing the fight forward to help all those suffering and in need of this wonderful PLANT.
Anonymous (February 17, 2007 @ 1:18am):
I'd be very surprised if each and every person posting on this page hasn't broken at least one law today, and I doubt they did it with the only intention of aiding the relief of their health condition.
I also doubt if the laws that most regular people break on a regular basis aren't laws that are also hurting others around them. Let's take speeding for example...or drinking and driving. Even things that aren't illegal, but hurt everyone around those doing them (ie: smoking cigarettes) are just seen as "rights" to protect.
It's sad that someone can't have less than a joint's worth of pot on their own property without bothering anyone else, especially when the person has medical conditions aided by the cannabis, as people have been using it for centuries.
As for teaching your children about the law...I think it's a VERY GOOD ROLE MODEL to teach your kids to THINK rather than believe and do everything they're told by a government that profits from its citizen's misfortune.
The crime here is the way the laws are set up to punish people for taking care of themselves and to profit from the criminalization of free thought and personal health. If you don't know the AWESOME power of cannabis and hemp (what it can do for our planet, and to big oil and paper and drug companies in the US), you should start learning, and get your head out of your behind.
Anonymous (February 17, 2007 @ 9:58am):
No, what is really sad is that a substance, that is not needed is so powerful it makes people willing to put up with the BS Bill had to put up with. I dare say if cheese was outlawed, no one would be willing to break the law to get it because of the consequences of doing so. It is sad we let unneccessary chemicals control our lives (this goes for tobacco and alcohol as well... but the are legal).
Anonymous (February 17, 2007 @ 11:14am):
I know this is off topic, but why is it the ones who are pushing for the "awesome benefits" of hemp are the ones who wish to use it for recreational purposes? Come on guys, grow up, don't try to package it, be honest with us and yourselves about why you want it legal.
It amazes me how much of society wishes to treat legal smokers like criminals and those who use pot as heros and victims.
Anonymous (February 17, 2007 @ 1:28pm):
Wow Bill,
I take it that you were high when you posted at 1:18 a.m. My favorite is, "what it can do for our planet, and to big oil and paper and drug companies in the US."
I agree with some of your comments regarding the police abuse of power. However, you were convicted of possessing THC, and then you got caught again. You never mentioned the fact of your previous arrest in your article.
You can claim that the marijuana is for medical purposes all you want but we all know that you like to get high. Good for you, but don't complain when you get caught by the police for the second time.
Anonymous (February 17, 2007 @ 7:38pm):
The whole point is, when Bill was in the process of breaking the law, he was taking a risk for a "reward". When one gets busted for something they know to be illegal, they have no right complaining about the punishment. It was a risk taken at the time (like sticking your finger in a light socket even though you know you are going to get shocked... don't complain when you suffer the consequences!).
I do agree with Bill, though (as I mentioned before), the taxpayers should not have to pay for the punishment, the one being punished should be paying out of their pocket.
Anonymous (February 18, 2007 @ 12:07am):
No one here is pushing for it for recreational purposes...where do you get off assuming that?
Also, I would encourage everyone to research and COMMUNICATE with medical users of cannabis....if you really think there are no benefits (I won't even touch on the thousands of commercial uses - or that it was once mandatory to grow hemp in the US) you are ignorant. Maybe you've been sheltered or misinformed, but it's up to you to educate yourself before publicizing your opinion, or look like a fool.
Also, strange that the person above me responded to my previous message and addressed Bill.
Actually, I don't get high. But I do smoke for pain related to my permanent disabilities and for insomnia. Unfortunately, it is illegal and hard to come by and expensive, and while disabled and unable to work, I am not able to provide myself this NATURAL medication (as opposed to an earlier comment about using unnecessary chemicals - like all prescribed meds)...
So yes, I posted at 1:18 in the morning...if I had been smoking, I wouldn't be awake and online and in such pain, I'd be sleeping like a baby.
Recommended Reading: The Emperor Wears No Clothes by Jack Herer
Anonymous (February 18, 2007 @ 11:19am):
What about the law decriminalizing small amounts of possession on your own property??
Anonymous (February 18, 2007 @ 11:54am):
"I'd be very surprised if each and every person posting on this page hasn't broken at least one law today..."
The current legal system of the USA:
Laws against everything and abitrary enforcement.
PS. Good thing there were no laws against pot way back in the day or the "filthy junkies" also known as the founding fathers would have all been in jail - LOL.
Anonymous (February 18, 2007 @ 1:05pm):
Good thing the perp was just taking a pee, imagine if he was one of those "filthy junkies" smoking pot!
Despite a record that stirred complaints and drew investigations, a Milwaukee police officer was never disciplined or counseled on his heavy-handed ways.
Simpson and the witnesses said Simpson was on his back with both arms pinned when Langer slammed the flashlight into his face without provocation.
http://www.jsonline.com/story/index.aspx?id=567082
Anonymous (February 18, 2007 @ 2:24pm):
Would anyone (other than a few MDs I know) be content with pot being legalized only as a perscription drug? Would you be happy if a THCless form was made to give you the same qualities needed to save the world (oil, fiber, etc, etc). If you answer no to those questions, you are not being honest when you are trying to use those points as arguements in the legalize pot movement.
Personally, I do agree that if there are true medicinal purposes to pot, legalize it as a perscription drug (but smoking it anywhere anyone else could inhale it should be banned).
Anonymous (February 18, 2007 @ 5:03pm):
Pothead = laidback, easy-going, mellow
Drunk = antagonistic, arrogant, belligerent
So which drug should be legal?
Anonymous (February 18, 2007 @ 5:10pm):
YES!!!!! Actually, with stress causing heart disease, and heart disease being a leading killer, I'd say everyone could use a little pot to ease their stress...but yes, I'd BE VERY HAPPY to get a prescription for it just for pain, insomnia and depression.
Unfortunately, the only way the DRUG companies would allow that is if it's Marinol, or some other synthetic and UNNATURAL formula of THC.
Marinol is dangerous and you DO get far more "high" from it than smoking a joint...also, if you're like me and believe in only putting natural products in our bodies as nature intended, this sort of product would be against the morals in which you lead your life.
Sabrina (February 18, 2007 @ 5:11pm):
What is this about if "a THCless form was made to give you the same qualities needed to save the world (oil, fiber, etc, etc)"? You don't have to MAKE it, it already exists...in fact, if you owned land during the founding of our country, you were required to grow it.
It's too bad yellow journalism gave people (like you) the impression that HEMP has the same effects as marijuana! Most HEMP seeds only contain less than .03% THC content, and the seeds that come from Canada have less than .00003% THC content.
All products that are made with oil/plastic can be replaced with Hemp.
All products made from trees can be replaced, and made stronger, and only needs 1/4 of the land.
Also, the benefits of growing hemp for the soil is unlimited, some farmers grow a crop of hemp and throw it out (for lack of a decorticator) just because it made their soil so desirable for the next crop.
Hemp is a profitable and beneficial resource and export for most countries...the US is the only country that I know of that would rather give profits to big oil/drug/paper companies than have a valuable resource of their own.
Looking at the record trade deficit of last year makes me wonder why more people don't push for the legalization of hemp. Nearly EVERYTHING we import could be grown and made here...but that would be good for the people and the planet, and we all know the powers that be can't allow that!
Anonymous (February 20, 2007 @ 6:42pm):
I agree with previous posters that this editorial seems implausable and the story we are given seems a little incomplete. I don't know why we are supposed to sympathize with some pothead who just cost taxpayers upwards of $4000. Hey, if you didn't do drugs that money could be going into schools or community development or fixing roads. It is YOUR fault that you do drugs, not the cops. And frankly, I rather not have drug users as neighbors. Nine times out of ten (I speak from extensive experience) they bring their drug dealers over and create a lot of havoc and mayhem. The money you give to your dealer just helps him to invest money in buying and reselling worse drugs and/or selling drugs to school children. However, I do agree with your point that trying to rehabilitate users like yourself is a waste of time and money and I frankly think that people who have multiple possesion convictions should be deported. Why should we have to pay for their habit?
Anonymous (February 20, 2007 @ 8:20pm):
People quietly using an herb in their own home and not bothering anyone (Bill's dispute had nothing to do with Pot) are criminals that need deportation???? But smoking cigarettes everywhere outside is okay? What about the fact that people smoking cigarettes in public ARE hurting other people (and themselves), and they do not benefit medically from it?!?!?
How you people can make such a crime out of a plant is beyond my understanding. Just because it's a law doesn't make it wrong, and it certainly isn't hurting anyone.
The only people out to be hurt by Marijuana are the big company owners and investors profiting from synthetic drugs, paper made from trees, and oil and plastics...and of course, the politicians taking their contributions. All of these things would be replaced by cannabis if it were legal, but THE PEOPLE who would have access to it and no longer fear criminal offenses... we would all benefit in endless ways.
Of course, the cops would have to figure out a new way to control the public and profit from people's medical and emotional needs.
Do you honestly know any cannabis dealers who deal in anything other than natural herbs? The only "dealers" I know are hollistic yoga junkies who care more about the planet and their families than money and consumerism. They have to sell some so that they can smoke some...as it's not cheap and for now, insurance doesn't cover natural health.
Maybe if you're living in an area where your neighbors are bringing havoc and mayhem, YOU should take action as that happens. No amount of drama should be accepted where you live, and if there's havoc and mayhem, why haven't you already called the cops and had those troublesome "dealers" arrested? How do you know it's dealers of marijuana that are causing the problems? Unless you've bought from them personally (that must be the "extensive experience" you mention), you don't know what's involved. In my limited experience with drama, alcohol has been the only constant I see when related to trouble.
Also...if you know of anyone selling anything to children...you're just as bad of criminal for not doing anything about it. And if you don't know for a fact of a specific event where this has happened, why run your mouth and discredit yourself?
As for the "pothead" costing taxpayers $4000, I'm pretty sure it's the police officers and their poor judgement that did that. The "pothead" in this case was dealing with an out of control son. This "pothead" is one of the most achieved Juniors at the UW Madison right now. This "pothead" was not smoking or high at the time of his arrest, and he had less than a joint's worth of pot on him. This "pothead" only didn't want the cops entering his home because he had a large dog trained to be weary of strangers entering the home without Bill. When he tried to warn the officers of this, they took that as probable cause to enter, since anyone who wouldn't want a cop in their home must be hiding something, right?
The only crime this "pothead" commited was to possess a few buds of a plant that grows naturally all throughout the world, and whose benefits (commercial in most places, medical in some) are enjoyed nearly everywhere except the US. He also commited the "crime" of tolerating his son and giving him a home when he needed one, which ultimately caused this arrest.
The previous person commenting minds paying for Bill's habit, but he doesn't mind paying for Medicare and the unbelievable abuse of prescription DRUGS that are not natural, not healthy and not helping anyone!
Most depression, eating disorder, nausea, PMS, anxiety, insomnia, and other medications actually warn of causing the symptoms they treat as side effects, and doctors are eager to prescribe them as often as possible, so as to keep funding for their clinics from these drug companies. You don't mind paying for these DRUGS, but a plant that Mother Nature provides, that cannot kill you (as opposed to all OTC and RX Drugs), that bothers you?
It bothers me too...so let's confront the law and the officers that took advantage of an old man's medical needs. The system profited, not Bill...let's attack the system!
Anonymous (March 2, 2007 @ 7:49pm):
"People don't have small amounts of pot on them without having bigger stashes elsewhere." To whoever said this: you're wrong. How is the weather in la-la land anyway? Tell The Gipper and Tricky Dick I said howdy. Not everyone who uses drugs is a drug dealer. Thanks for reminding me why we have a war on drugs though...because people like you are so out of touch with reality you actually think the drug war is a good thing.
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