Kentucky Assembly Ends Marijuana Arrests - Cannabis Law and Politics - International Cannagraphic Magazine Forums

gramma watt · 03-08-2011, 06:24 PM

https://www.state-journal.com/news/si...rticle/4994024

March 6, 2011

The Kentucky General Assembly passed and the Governor signed into law, the Criminal Code Reform legislation, HB 463. The new law changes marijuana possession from a class A misdemeanor to a Class B. It further reduces the jail time a person can be sentenced to under a Class B misdemeanor from 90 days to 45 days. The Senate changed the bill further by adding more exemptions to a rule that limits when a police officer can make an arrest. Under certain conditions, officers will have to issue a citation rather than make an arrest.
The bill requires officers to issue a simple citation when they witness the commission of a misdemeanor except in cases involving violence in which the defendant poses a risk of danger to himself or others, weapons possession, sexual abuse or failing to comply with an officer's instructions.
As reported in the blog, 'Marion County Line', "Possession of marijuana will remain a misdemeanor but police will no longer arrest people for misdemeanors unless they also have a weapon, are physically threatening, driving drunk, or having sex."
The significant paragraphs in the Senate bill are as follows-
(1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b) and (c) of this subsection, a peace officer shall may issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time.
(b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is:
1. A violation of KRS Chapter 508 (assault, terroristic threatening, stalking, etc.), 510 (sex abuse, sodomy, indecent exposure, etc.), or 527 (weapons charges), or KRS 189A.010 (DUI);
2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or
3. An offense in which the defendant refuses to follow the peace officer's reasonable instructions.
Regarding the DUI provision... Will driving while smoking pot trigger an exception to the new law and result in an arrest? Looks like the answer is no:
"A peace officer may make an arrest ... if the violation is: ... KRS 189A.010," which states:
(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state: ...
(d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood...
(12) The substances applicable to a prosecution under subsection (1)(d) of this section are:
(a) Any Schedule I controlled substance except marijuana;

At long last, significant reform and steps in the right direction. It is encouraging to note that State Senator Gerald Neal called the bill, "an important first step". The legislators during the floor debate also discussed passing a Phase 2 bill next year. On top of that President Obama remarked recently that legalizing marijuana was an "issue worth debating".
Perhaps, if we call and write and encourage our legislators to pass a medical marijuana bill for Kentucky, one of our legislators will have the courage to do so during the next session. The time to start pleading our case is now!

dagnabit · 03-09-2011, 01:59 PM

GO KY!!!

and the haters said it would never happen...

Pinball Wizard · 03-09-2011, 05:01 PM

They did that nice and quiet like....

..no need to upset the peeps...

03-09-2011, 05:04 PM

YES!!!!

Sgt.Stedenko · 03-09-2011, 05:09 PM

Makes me more comfortable driving across the river.
It's still a far way away from Ohio's minor misdemeanor status for anything less than 100 grams, but it's a step in the right direction.

U4ic · 03-09-2011, 06:46 PM

As reported in the blog, 'Marion County Line', "Possession of marijuana will remain a misdemeanor but police will no longer arrest people for misdemeanors unless they also have a weapon, are physically threatening, driving drunk, or having sex."

So no sex while holding guys/gals....HA.... Thats weird....

Cheerful · 03-09-2011, 06:54 PM

Pretty dang amazing! ! ! ! ! #winning

dagnabit · 03-09-2011, 07:09 PM

Quote:

Originally Posted by U4ic

As reported in the blog, 'Marion County Line', "Possession of marijuana will remain a misdemeanor but police will no longer arrest people for misdemeanors unless they also have a weapon, are physically threatening, driving drunk, or having sex."

So no sex while holding guys/gals....HA.... Thats weird....

no but or mouth sex..
it's fine for vag. though

rhyder · 03-09-2011, 07:11 PM

"driving drunk or having sex"

remember to have sex at home folks!!!

it least when smokin bud in kentucky LOLOL

Pinball Wizard · 03-09-2011, 08:03 PM

Being crazy is still against the law in Kentucky....

03-08-2011, 06:24 PM	#1
gramma watt Member Join Date: Sep 2007 Posts: 213	Kentucky Assembly Ends Marijuana Arrests https://www.state-journal.com/news/si...rticle/4994024 March 6, 2011 The Kentucky General Assembly passed and the Governor signed into law, the Criminal Code Reform legislation, HB 463. The new law changes marijuana possession from a class A misdemeanor to a Class B. It further reduces the jail time a person can be sentenced to under a Class B misdemeanor from 90 days to 45 days. The Senate changed the bill further by adding more exemptions to a rule that limits when a police officer can make an arrest. Under certain conditions, officers will have to issue a citation rather than make an arrest. The bill requires officers to issue a simple citation when they witness the commission of a misdemeanor except in cases involving violence in which the defendant poses a risk of danger to himself or others, weapons possession, sexual abuse or failing to comply with an officer's instructions. As reported in the blog, 'Marion County Line', "Possession of marijuana will remain a misdemeanor but police will no longer arrest people for misdemeanors unless they also have a weapon, are physically threatening, driving drunk, or having sex." The significant paragraphs in the Senate bill are as follows- (1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b) and (c) of this subsection, a peace officer shall may issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time. (b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is: 1. A violation of KRS Chapter 508 (assault, terroristic threatening, stalking, etc.), 510 (sex abuse, sodomy, indecent exposure, etc.), or 527 (weapons charges), or KRS 189A.010 (DUI); 2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or 3. An offense in which the defendant refuses to follow the peace officer's reasonable instructions. Regarding the DUI provision... Will driving while smoking pot trigger an exception to the new law and result in an arrest? Looks like the answer is no: "A peace officer may make an arrest ... if the violation is: ... KRS 189A.010," which states: (1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state: ... (d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood... (12) The substances applicable to a prosecution under subsection (1)(d) of this section are: (a) Any Schedule I controlled substance except marijuana; At long last, significant reform and steps in the right direction. It is encouraging to note that State Senator Gerald Neal called the bill, "an important first step". The legislators during the floor debate also discussed passing a Phase 2 bill next year. On top of that President Obama remarked recently that legalizing marijuana was an "issue worth debating". Perhaps, if we call and write and encourage our legislators to pass a medical marijuana bill for Kentucky, one of our legislators will have the courage to do so during the next session. The time to start pleading our case is now! __________________ One who breaks an unjust law that conscience tells him is unjust,and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. Martin Luther King, Jr.
	Quote 2 members found this post helpful.

03-09-2011, 01:59 PM	#2
dagnabit Game Bred Join Date: Mar 2004 Posts: 5,648	GO KY!!! and the haters said it would never happen... __________________ WHO DAT
	Quote

03-09-2011, 05:01 PM	#3
Pinball Wizard Si non oscillas, noli tintinnare Join Date: Jul 2006 Location: Hooterville Posts: 2,933	They did that nice and quiet like......no need to upset the peeps... __________________ "we have met the enemy and he is us"-Pogo
	Quote

03-09-2011, 05:09 PM	#5
Sgt.Stedenko Crotchety Cabaholic Join Date: Apr 2006 Posts: 1,446	Makes me more comfortable driving across the river. It's still a far way away from Ohio's minor misdemeanor status for anything less than 100 grams, but it's a step in the right direction. __________________ "Get a goddamn job before sundown, or we're shipping you off to military school with the goddamn Finklestein shit kid...Son of a bitch!" "I smoke two joints before I smoke two joints, and then I smoke two more"
	Quote

03-09-2011, 06:46 PM	#6
U4ic The devious gelatin holding me fast Join Date: Jun 2009 Location: South East, USA Posts: 432	As reported in the blog, 'Marion County Line', "Possession of marijuana will remain a misdemeanor but police will no longer arrest people for misdemeanors unless they also have a weapon, are physically threatening, driving drunk, or having sex." So no sex while holding guys/gals....HA.... Thats weird.... __________________
	Quote

03-09-2011, 05:04 PM	#4
guest456mpy Guest Posts: n/a	YES!!!!
	Quote

03-09-2011, 06:54 PM	#7
Cheerful Member Join Date: Mar 2010 Location: Under the radar Posts: 581	Pretty dang amazing! ! ! ! ! #winning __________________ Keep It Simple, Stoner! Girl Gardener
	Quote

03-09-2011, 07:11 PM	#9
rhyder Member Join Date: Jan 2010 Posts: 74	"driving drunk or having sex" remember to have sex at home folks!!! it least when smokin bud in kentucky LOLOL __________________ Wanted: Sour Strawberry Kush / Chemdawg / Sour Bubble / Sweet Island Skunk / Headband / Sour Lifesaver / Sweet Cindy / L.S.D. / DJ Shorts Blueberry / Durban Poison
	Quote

03-09-2011, 08:03 PM	#10
Pinball Wizard Si non oscillas, noli tintinnare Join Date: Jul 2006 Location: Hooterville Posts: 2,933	Being crazy is still against the law in Kentucky....
	Quote