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NewsJanuary 22, 1996

People suffering from glaucoma, multiple sclerosis or side effects of chemotherapy could use their suffering as a defense if they are caught with marijuana, according to a bill proposed in the Missouri Senate. Under the bill sponsored by Sen. Joe Moseley, D-Columbia, and Sen. William Clay Jr., D-St. Louis, possessing marijuana would continue to be a crime, but people suffering severe diseases would be able to use their suffering as a defense...

People suffering from glaucoma, multiple sclerosis or side effects of chemotherapy could use their suffering as a defense if they are caught with marijuana, according to a bill proposed in the Missouri Senate.

Under the bill sponsored by Sen. Joe Moseley, D-Columbia, and Sen. William Clay Jr., D-St. Louis, possessing marijuana would continue to be a crime, but people suffering severe diseases would be able to use their suffering as a defense.

"It would be short-sighted on our part to ignore legitimate medical use of this," said Moseley, the former prosecuting attorney of Boone County. "Marijuana is no more illicit than some other drugs you have to have a prescription for."

Someone couldn't just claim to be suffering from a disease and use marijuana, Moseley said. The disease would have to be diagnosed by a medical practitioner.

The bill is one of dozens that would affect law enforcement should they become law.

Sen. Danny Staples, D-Emminence, has proposed this session's most extensive bill, one that would allow Missourians to carry concealed weapons.

Staples' bill would require 16 hours of training, an application procedure and a permit fee of $150 before a concealed weapon permit would be issued. The permit would be issued by the Missouri Highway Patrol and a concealed weapon couldn't be worn in places of worship, schools, election precincts and government buildings.

Failing to show proof of financial responsibility (liability insurance), would be a $100 fine under a bill proposed by Rep. Bill Alter, R-High Ridge.

Alter said his bill doesn't differ greatly with the current law regarding financial responsibility. It would sidestep the Missouri Department of Revenue until the driver who failed to show financial responsibility goes to traffic court, he said.

"I've stood on the side of the road while people dug through McDonald's wrappers saying, 'I'm sure it's in here,'" said Alter, a reserve police officer for 14 years.

Currently, police officers are supposed to notify the Department of Revenue after a driver fails to show proof of responsibility, Alter said. With his bill, the DOR could be avoided if the driver provides proof to the traffic-court judge. If proof isn't provided, the traffic court would notify DOR and it would take action.

"This makes it simple," Alter said, "and there is no additional paperwork for the officer. He can just check a box on the traffic ticket, and it probably will keep DOR out of the whole picture."

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Failing to show proof of financial responsibility to the traffic court judge would result in another $100 fine and a 30-day suspension of the driver's license.

According to the Missouri Police Chiefs Association, other bills proposed in the House and Senate related to law enforcement include:

-- HB 768, which adds armed criminal action that causes catastrophe, felonious restraint, voluntary manslaughter and first-degree drug trafficking to the list of dangerous felonies. The bill also require offenders to serve 100 percent of their sentences.

-- HB 780, which increases the penalty of prostitution to a felony and mandates an HIV test for offenders.

-- HB 800, which creates the crime of eluding a law enforcement officer.

-- HB 818, which allows the prosecuting attorney to obtain an order that forces a witness pleading the 5th amendment to testify. Failure to testify is grounds for contempt of court.

-- SB 510, which allows citizens and law enforcement officers to report drivers who can't safely operate a vehicle to the Missouri Department of Revenue. The department could revoke the reported driver's license and have a physician examine the person.

-- SB 520, which prohibits people from riding in an open truck bed with exceptions given to agricultural and ceremonial purposes.

-- SB 535, which makes making a false bomb report a class C felony.

-- SB 550, which allows collective bargaining for public employees except university educators.

-- SB 588, which mandates first-responder training and cardiopulmonary resuscitation for all peace officers.

-- SB 642, which prohibits jumping from public bridges.

-- SB 675, which allows retired peace officers, state court judges, prosecuting and circuit attorneys to carry concealed weapons.

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