Geneva to raise alcohol fines, ban fake pot

Geneva aldermen are set to take bigger shots at targeting substance abuse.

Monday night they agreed to support increasing the fine for underage consumption or possession of alcohol, and making illegal the sale, possession or consumption of synthetic compounds that mimic controlled substances, including synthetic marijuana.

The matters will come up for binding votes Jan. 17.

The increase in the fine for underage drinking was suggested by Zac Ploppert, 21. When he proposed the change in October, Ploppert said neither underage drinkers nor their parents took Geneva's current fine of $100 seriously.

The fine will jump to $250.

Aldermen had suggested that the city rebate part of the fine and expunge the conviction if the defendant successfully completes alcohol-abuse education.

But Police Chief Steve Mexin said the city doesn't have the authority to expunge court records. And he and the city administrator believe keeping track of compliance and rebating the fine would be too burdensome for the staff. “I find it discouraging that we can't do something like this, something in the line of education,” Alderman Dorothy Flanagan said.

The police already educate people about alcohol abuse during substance-abuse courses at Geneva middle schools and as part of Geneva High School's driver-education program, Mexin noted.

Alderman Craig Maladra said he would vote for the measure, although he didn't think it would increase parental intervention. “I don't believe increasing the fine is the only way to get a parent to pay attention to what their children are doing in this regard,” he said. “You (the police) have their attention when you knock at their door.”

And Alderman Chuck Brown said, again, he supports the increase for a reason akin to that given by Ploppert: His daughter and his teenage grandson told him that $100 “is not a lot for a high school student today.”

Geneva police can issue city ordinance violation tickets for the offense or file a long-form complaint, with a choice of charging under city ordinance or the state criminal code.

A long-form case is adjudicated in Kane County courts, where a judge can levy a fine up to $2,500.

From Sept. 1, 2009, through Sept. 30, 2011, Geneva police brought charges 214 times, according to Mexin. In calendar year 2011, there were 77 offenses. Typically, first-time offenders receive a ticket, unless there are other factors, such as if the accused is belligerent. About 4 percent become repeat offenders, Mexin said. Second offenses are usually charged on the long form.

Alderman also agreed to prohibit possession of synthetic pot and other controlled substances.

A new state law governing the matter took effect Jan. 1, but that law calls only for felony prosecutions. By having its own ordinance, Geneva can write tickets for it.

Of concern lately is the selling of such products as “herbal incense” and “bath salts,” typically at convenience and tobacco stores. According to state and federal experts, The incense has been found in some cases to contain synthetic or natural cannabis, and the salts mimic illegal stimulants and hallucinogens.

Mexin said in the past year, the police have investigated three incidents where use of a synthetic alternative was suspected. In one case, the substance tested positive for cannabis, and the person was charged with possession of a controlled substance.

Fines for possession or use are $500 to $1,000