Proposal To Ticket For Marijuana Possession Instead Of Arrest Moves Forward

Katelyn Baker

Well-Known Member
Harrisburg - Getting caught with a small amount of marijuana or marijuana paraphernalia in Harrisburg would cost you less under a proposal by city council members discussed Wednesday night.

Councilman Cornelius Johnson released details of the proposal at a council legislative session that would further reduce marijuana penalties compared to a proposal first floated by Mayor Eric Papenfuse in February.

Most notably, the changes by council would reduce the fines for possession, increase the fines for smoking marijuana in public and expand the effort to include possession of marijuana paraphernalia. Some of the amendments stemmed from ideas or concerns shared by residents who spoke at a series of public meetings.

Both the mayor's initial proposal and the council changes reduce the charge of marijuana possession to the same level as a traffic ticket. But Papenfuse's proposal called for $100 fines that escalated with a second arrest. And his proposal didn't address a common charge that accompanies arrests for possession of marijuana: possession of marijuana paraphernalia.

The amendments by council members would reduce the fine for marijuana possession to $75 and increase the fine to $150 for marijuana use to discourage public use of the drug.

Council members kept the mayor's "three-strikes" provision, where a third arrest would revert back to a misdemeanor. The current level of state charges for possession of marijuana and paraphernalia are misdemeanors.

But council members added language to specify that the third arrest would have to occur within five years to revert to the higher criminal classification of a misdemeanor. A third arrest outside of the time frame could be processed as a summary offense under city ordinance.

Harrisburg city council members plan to vote on the amended ordinance at their June 29 meeting. In the meantime, Johnson said he'd like to hear from residents about the proposed changes. He plans to post the proposed ordinance on the city's website to encourage feedback to the city clerk, Kirk Petroski, at kpetroski@cityofhbg.com.

"I did a lot of research," Johnson said of the changes. He modeled wording from an ordinance from Orlando to be able to include marijuana paraphernalia in Harrisburg's proposed ordinance. Other drug paraphernalia would not be covered by the ordinance.

If council members did not address paraphernalia, the charge would have remained a misdemeanor and their efforts to reduce marijuana penalties may have been in vain. Most arrests for marijuana possession involve a secondary charge, which is often for paraphernalia.

Council members said they support reducing marijuana penalties to increase police officers' efficiency and free up their limited time. As it stands, officers are required to appear in court for every marijuana possession case and the district attorney often reduced the penalty to fines.

Council members said they also support the changes because arrests for small amounts of marijuana can result in the loss of employment, housing opportunities, student financial aid and other long-term consequences that seem to outweigh the infraction.

Although police officers would be able to charge offenders under the new city ordinance with reduced penalties, they would still have the option to charge under the more serious state charges. And violators could still lose their driving privileges. Under state law, an arrest for drug possession triggers a driver's license suspension.

Philadelphia and Pittsburgh have already passed laws to decriminalize small amounts of marijuana.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Proposal To Ticket For Marijuana Possession Instead Of Arrest Moves Forward In Harrisburg
Author: Chrintine Vendel
Contact: 717-255-8100
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Website: PennLive
 
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