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 Big Water's Lenient Marijuana Law Goes Up in Smoke
December 19, 2001

By Thomas Burr, The Salt Lake Tribune

Salt Lake Tribune 

Citing police harassment, the Town Council voted Tuesday to repeal a 3-week-old ordinance making it only a $10 fine to possess small amounts of marijuana.

Three of the council's four members, including acting Mayor Raymond Rankin, voted to dump the ordinance, which was passed by a unanimous council Nov. 27. Councilwoman Francine Hoover was absent from Tuesday's meeting.

"We didn't undo state law with the marijuana ordinance. We just made the punishment fit the crime," Councilman Willy Marshall, who wrote and presented the ordinance, said before the meeting. "I guess it's too progressive for Utah."

The ordinance had essentially decriminalized the possession of less than 1 ounce of marijuana and made possessing drug paraphernalia only a $5 fine.

Before the meeting, Marshall said he brought the ordinance up because penalties for marijuana should be lowered. Under state law the possession of less than an ounce is punishable by up to 6 months in jail and a $1,000 fine.

Before the council meeting, Marshall and Rankin said harassment from the Utah Highway Patrol pressured them into repealing the ordinance.

"It's not worth the damage," Rankin said of the cost of being harassed.

The Highway Patrol has defended its one-day crackdown in Big Water, saying it was a "special enforcement" action planned before the ordinance came up.

The council's action also came after Kane County Sheriff Lamont Smith said he would not be able to renew his contract to provide police services in the town of 400 if the ordinance stayed in place. The contract expires Jan. 1.

Smith also took issue with an ordinance passed the same night creating a citizen review board for the sheriff's deputies that patrol the area. That ordinance, which allowed the town to seek penalties against the deputies, was also repealed.

"With these ordinances in there, I just couldn't do business with Big Water," Smith said Tuesday. "It conflicts with state law."

Apparently no one was charged with possession of marijuana under the lenient ordinance, but that does not surprise resident Lindie Fenlon.

"There are no more drugs here than anywhere else," she said. "Most people I've talked to just think the marijuana ordinance is a big joke."

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