1. Free legal representation for first offense marijuana possession.
2. Tulsa City and County Courts only.
3. No juvenile cases.
4. First criminal charge only.
5. Reasonable fees for other charges.
6. Some restrictions apply.

AN OPEN LETTER TO THE MAYOR

MICHAEL J. FAIRCHILD
ATTORNEY AT LARGE

918-584-7277

January 5, 2010

The Honorable Dewey Bartlett
Mayor of the City of Tulsa

I have an idea that will keep more police on the streets as well as raise money for the city.

Currently, while marijuana is illegal under both city and state law, there is no city ordinance against drug paraphernalia.

Thus, while an officer can write a city citation for possession of pot, if the defendant also has cigarette papers or a pipe, the officer has no choice but to arrest him and charge him under state law for the marijuana and paraphernalia.

This takes the officer off the streets while he drives the defendant to the jail and goes through the booking process. A source at the jail tells me that can be over an hour, plus the travel time. Let’s figure up to two hours wasted when the officer could have been arresting serious criminals.

Additionally, the money that the defendant ends up paying in fines and probation fees for possession of pot and paraphernalia is now going to the state and county coffers instead of the city. Currently for a marijuana ticket the city typically takes in $350 and gains five days of community service from each defendant during his six months of probation. Paying a fine for paraphernalia would probably be almost an equivalent amount of city revenue.

By way of disclaimer, let me identify myself as an activist for the reform of marijuana laws. I am urging this because the current fees charged in the county system are outrageous. Currently a marijuana and paraphernalia defendant in the county court will be on probation for eighteen months and have to pay fines and assessments around $2,000. The Tulsa County District Attorney’s Office charges each defendant at least $480 in fees for it’s own probation department. Additionally defendants will be typically required to do eight days of labor for the county.

Passing a paraphernalia ordinance would allow the officer to choose to write citations when he thought they were deserved, bring more revenue to the city, and more fairness to the system.

SHOULDN'T OUR DRUG LAWS MAKE SENSE?

Alcohol kills. Tobacco Kills. Marijuana is illegal.

Alcohol and tobacco are addictive. Marijuana is illegal.

Why does Congress classify marijuana as having no medicinal benefit when doctors and scientists recognize its value for chemotherapy patients, AIDS patients, glaucoma sufferers, and those who have MS, to name a few?