But Windham County Sheriff Keith Clark says he agrees that it's time to re-evaluate the way the state deals with marijuana users.
"Money is tight. Is this really the best way to spend criminal prosecution money and Department of Corrections money? I don't know. My gut feeling is this is not the best way to spend our money," he said. "I'm a big believer in being more proactive and preventative, rather than reactive and having a conviction mindset."
Clark said that though he may agree in concept with the decriminalization bill introduced by Sen. Jeanette White, D-Windham, he does not support its immediate passage because he feels the subject merits further study prior to legislative action.
"I'm not against it because they want to change it from criminal to civil. I'm not against it because it's four ounces or two ounces or a joint. I'm against it because it's reactive to a situation that occurred in Windsor County," he said.
Clark was referring to a controversy that developed late last year after Windsor County prosecutor Robert Sand referred a lawyer and part-time judge to court diversion after authorities found marijuana plants growing on her property. That prompted Gov. Jim Douglas to order state law enforcement agencies to send marijuana cases in Windsor County to state or federal officials, because the governor believed that Sand -- an outspoken supporter of decriminalization -- was not properly enforcing the law.
While Clark and Sand may believe the state's drug laws deserve a second glance, several statewide law enforcement associations have taken positions against the bill -- including the Vermont Sheriff's Association, of which Clark is a member.
"We are standing in partnership with the Vermont Police Chiefs Association and the Vermont State Police, and we do not support decriminalizing marijuana," said VSA president and Lamoille County Sheriff Roger Marcoux. "I've spent over 12 years working on the Drug Enforcement Task Force, and I'm confused at what people are calling small amounts of marijuana."
Other local law enforcement officials agree with Marcoux -- including Lt. Rick Hopkins, who commands the Brattleboro State Police barracks, and acting Brattleboro Police Chief Eugene Wrinn.
"I'm just saying, four ounces is a lot of marijuana. We're not talking about a kid with a joint here. We're talking about a quarter of a pound of marijuana," Hopkins said, noting that he was speaking for himself and not for the State Police. "We're not talking about a small bag here. We're talking about a lot of marijuana."
"I'm not saying marijuana is a gateway drug, but people begin their experimenting with certain drugs, and they need to start somewhere -- whether it's alcohol, cigarettes or marijuana, and if you decriminalize, it's a terrible message to be sending," Wrinn said. "Next year are we going to look at decriminalizing small amounts of heroin or other drugs?"
Actually, the Senate Judiciary committee, which will hold a public hearing at the Statehouse tonight to deal with two drug bills, is considering doing the opposite. Along with the decriminalization bill, it will be weighing a proposal brought forward by committee chairman Sen. Dick Sears, D-Bennington, to make it easier for law enforcement officials to crack down on the trafficking of more dangerous drugs.
Currently, those in possession of 300 grams of cocaine or seven grams of heroin can be charged with trafficking drugs, but Sears' law would change those amounts to 150 and 3.5 respectively.
"I think there's a general sense of denial about the scope of the problem. If you talk to State Police, they're finding tremendous amounts of those drugs -- heroin, cocaine and legal prescription drugs for illegal use," Sears said. "I think that many of the armed robberies that have taken place in the past few years are directly connected to hard drugs and people's need to get money for them."
Sears said he has not yet made up his mind about the decriminalization bill, but has been flooded with e-mail and telephone calls from people who agree with the bill, law enforcement officials who disagree with it, and others who say they are worried about the message it could send to children.
"I'm getting a mixed message here. I share the concern about the message it sends to kids, and I'm not sure it has the support in this committee," Sears said.
"Unfortunately, some people who oppose it have been using the word 'legalizing,' which has skewed the conversation," said White, the bill's chief sponsor.
White emphasized that her bill would simply change the penalty for possession to a civil, rather than a criminal, offense. Those caught with fewer than four ounces would face confiscation and a fine, but they would not face jail time, nor would it appear on their criminal record.
According to Clark, that would be similar to when the state reduced speeding violations from a criminal to a civil offense.
"I didn't see this huge increase in the number of speeders on the highways in the state. In fact, I think our highways are safer now than I did before," he said.
Clark also disagrees with the notion that marijuana use leads to drug addiction.
"I've heard for years that marijuana is a gateway drug, but in talking to people who tried it as a kid, they're not all cocaine or heroin users today," he said. "I've never seen a comprehensive study saying it's a gateway drug. I don't buy that argument at this point. I'd like to see some actual research and not some people's opinion on this one."
According to Hopkins, decriminalization would make the job of law enforcement officers more difficult, because they would be tasked with determining the amounts of marijuana found during traffic stops.
"I personally think it is sending the wrong message and I think it's a slippery slope," he said. "It's very difficult to enforce things when we start splitting hairs over ounces and grams. Illegal is illegal."
Furthermore, Hopkins believes the court system is the place to determine the seriousness of a specific drug violation.
"There is a place for discretion, but it generally rests with the courts," he said. "Those people who weigh the facts have the time to look at the whole situation, look at any mitigating or extenuating circumstances, and figure it out at that time -- rather than trying to legislate discretion."
Paul Heintz can be reached at pheintz@reformer.com or 802-254-2311, ext. 275.