Prosecutor Says 'Too Many Lives Ruined' Because Marijuana Is Illegal In N.J.

Ron Strider

Well-Known Member
As a municipal prosecutor in Clark, Jon-Henry Barr said he must try a number of cases against people who get arrested for marijuana possession.

Barr also said he knows these cases can wreck good people's lives, and doesn't want to keep quiet about it anymore. One case he won recently against a young black woman with no prior record "turned my stomach."

The former president of the New Jersey Municipal Prosecutors Association, Barr urged the Senate Judiciary Committee Monday to pass a law legalizing the sale and possession of marijuana because it is morally the right thing to do.

"Legalize and regulate it like we do with tobacco and alcohol," Barr said. "I have seen too many lives ruined or damaged. I'll continue to enforce the law -- that is my sworn duty. But I will not endorse the law."

At the first of what is likely to be numerous hearings in the next nine months on legalizing pot possession, many of the dozens of speakers focused on how ending the prohibition on marijuana would be a social justice victory for black and latino residents.

Pointing to a report the ACLU-NJ released last week, Diane Houenou, the civil rights organization's policy counsel, said black people are 3-1/2 times more likely to be arrested on marijuana charges than white people, despite usage being about the same.

"This is one of the most serious civil rights issues we face in New Jersey. This discriminatory double standard has only gotten worse over the years, and it's time for these policies to end," Houenou said.

The ACLU called on lawmakers to dedicate some of the estimated $300 million in tax revenue to "communities of color who for so long have born the brunt of marijuana enforcement." The law also should ensure "equitable access" for people to participate in the legal market market Houenou added.

But Sen. Nia Gill (D-Essex) warned the speakers from the ACLU and the NAACP she would not give "false hope" to minority communities by suggesting the bill could set aside licenses for black residents because doing so would be "unconstitutional."

Gill also said she had concerns about the unintended consequences for minority teens after Colorado legalized cannabis for people 21 and older. Arrests of black and latino juveniles rose 50 and 20 percent, respectively, Gill said, "because the policing strategies didn't change, they just moved to black and latino youth."

Gill said she supports the concept of legalizing marijuana, but unless the bill addresses this problem, "I could not in good conscience (vote yes) -- not at the expense of criminalizing young black and latino youth."

The supporters for Sen. Nicholas Scutari's bill (3195) far outweighed opponents. The handful of detractors were called up to testify at the tail end of the five-hour Statehouse hearing.

Cathleen Lewis, the chairwoman for the coordinating council AAA Clubs in New Jersey, warned that legalizing marijuana will result in more people driving under the influence of the drug. A year after Washington legalized cannabis sales, the number of fatal crashes involving drivers who has used marijuana climbed from 8 percent to 17 percent, she said.

"Complicating the issue," Lewis said, is "no tool can accurately detect impairment from marijuana as well as a breathalyzer test for alcohol impairment." A nine-state study by researchers at the automobile club concluded there was no reliable test that could measure in the body THC levels, the active ingredient that gives users the "high" feeling.

If New Jersey legalizes marijuana, Lewis recommended the state hold town hall meetings in all 21 counties on marijuana intoxication and driving, and to invest in training more law enforcement officers to spot affected drivers.

Philip Kirschner of Morristown, who described himself as a concerned parent pleaded with the committee to reconsider pursuing the bill at all.

"Ii know you want the tax money but let's be straight here: pass decriminalization first. That is what most people came here and spoke about," Kirschner said.

"I plead with you, despite your rush for more taxes, to abandon this bill. The cost in human lives and misery is simply not worth it."

Following the hearing, Scutari, the bill's sponsor and committee chairman, said the there were plenty of suggestions how lawmakers can shape the bill, including speeding-up the expungement process.

He said he didn't know whether he would call another hearing soon or wait for the new governor to take the place of Gov. Chris Christie, a staunch opponent.

"Laws that have prohibited marijuana have not worked," Scutari said during the hearing. "Next year we will have a new governor but we should begin shaping a marijuana law now that ends prohibition and treats residents humanely."

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"no tool can accurately detect impairment from marijuana"
The first automobile was invented in 1886 and there was no breathalyzer. Alcohol prohibition ended in 1933 and there was still no breathalyzer.
The breathalyzer wasn't invented until 1954.
 
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