August 18, 2005

Lawrence City Commission

City Hall

Lawrence, KS 66044

To the Commissioners,

This is a formal request to the Lawrence City Commission to consider adopting an ordinance banning the possession of marijuana and drug paraphernalia in the City of Lawrence by adults.

Creating such an ordinance would direct the Lawrence Police Department to issue a Uniform Notice to Appear and Traffic Complaint for Municipal Court. A first time offender, if convicted, would receive a diversion, fine, counseling, probation or a combination of punishments—the same as they would in District Court today. The immediate benefit to Lawrence would be fewer cases before the District Court judges for misdemeanor marijuana charges. The long-term benefit will be less young people with criminal records, which jeopardize their ability to receive student financial aid, fewer people losing state and federal welfare assistance, and a less money spent on District Court prosecutions.

In the state of Kansas, a first time offense for possession of marijuana is a misdemeanor. The second time it is a felony-drug severity level 4.

The Higher Education Act (HEA), “drug provision” (section 484(r)), created in 1998 delays or denies students with drug convictions from receiving federal financial student financial aid. More than 160,500 financial aid applicants have been ineligible for aid as a result of the HEA drug provision. First offense means one-year ineligibility, second offence two years, and a third offense carries a lifetime ban on aid. Shifting prosecutions to municipal court means the conviction does not count as an offense under the HEA drug provision-which only requires the applicant to list convictions under state or federal law. Statistics show students, who drop out of college for even one year, have a low rate of return, and according to the FBI’s crime data statistics for 1993-2001, the number of people under 21 arrested for illegal drugs is more than all the people over 21 combined.

These penalties are very harsh, and I would urge the commission to protect our student populations with an ordinance directing prosecutions to municipal court, combined with asking the police department to make marijuana possession a low priority for law enforcement.

Another very important reason to adopt an ordinance banning marijuana and drug paraphernalia in the city of Lawrence is the fact that under the 1996 Welfare Act, persons who are convicted of one felony drug offense in Kansas receive a lifetime ban on obtaining benefits. Two minor marijuana possession convictions and a person will be denied access to housing, training, drug treatment, food and a job. Since these penalties effect primarily women, the community as a whole shoulders the cost of supporting these women and their children. The City of Lawrence Task Force on the Homeless Services has a goal of ending homelessness in Lawrence in 10 years. An ordinance of this type will surely contribute to the success of that goal, because when people are denied benefits, they lose their housing and their job.

Will you please consider putting this up for discussion at a commission meeting soon? KU and Haskell will start back today, and it’s time to protect our student population from the punitive effects of the HEA drug provision and persons who require assistance under the 1996 Welfare Act.

Thank you for your time and consideration of this important issue.

Sincerely,

Laura A. Green

Executive Director

Drug Policy Forum of Kansas

Attachments:

Presentation to the Commission

HEA drug provision questionnaire

About the Drug Policy Forum of Kansas (DPFKS)

The Drug Policy Forum of Kansas promotes innovative policies and approaches to reduce the harms of both drug use and drug prohibition, and to increase public and political debate and support for cost effective and humane alternatives to the current criminal justice approach to drug policy.

DPFKS is incorporated in the State of Kansas and is seeking 501c(3) status from the IRS. DPFKS do not support candidates for political office or hemp-related issues.