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OpinionFebruary 12, 1998

The Missouri Legislature had the right intent when it passed a law to make it a felony to bring controlled substances into the state's jails and prisons. Most law-abiding Missourians would be amazed how many illegal drugs find their way behind the cell bars and locked doors...

The Missouri Legislature had the right intent when it passed a law to make it a felony to bring controlled substances into the state's jails and prisons. Most law-abiding Missourians would be amazed how many illegal drugs find their way behind the cell bars and locked doors.

As it turned out, the law included substances containing akaloids, which are found in many controlled substances. In addition, less noxious items such as soft drinks, coffee, chocolate and cigarettes contain akaloids.

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So an overdiligent county prosecutor in Nodaway County -- in far Northwest Missouri -- successfully prosecuted a county jail inmate for having cigarettes. In a plea bargain, the man got a 30-day sentence for having the tobacco in jail. Prosecutor David Baird said he was just following the law.

Yes, he was. To the extreme, it appears. A prudent prosecutor more likely would have called the flawed law to the attention of legislators who could make appropriate changes. And that's exactly what state Sen. Harold Caskey of Butler now proposes to do.

More than that, Caskey realizes that anyone who has been convicted under this law for possessing legal items we all use and consume every day shouldn't have this on their criminal records. His proposal includes expunging such frivolous convictions.

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