Harrisburg Council Voted To Reduce Marijuana Penalties - Your Turn, Pennsylvania

Katelyn Baker

Well-Known Member
Harrisburg's City Council took a bold step on Tuesday night by voting to reduce the penalties for marijuana possession.

Now it's time it's time for the rest of Pennsylvania to follow suit.

Council's unanimous vote, which came after five months of public meetings, puts Pennsylvania's capital city in the company of Philadelphia and Pittsburgh, which punish violators the same way as a driver who runs a red light - by issuing the equivalent of a traffic citation.

Under the language adopted Tuesday, those cited for possession would face a $75 fine, people found using the drug would face a higher fine of $150. That's intended to discourage public use of the drug.

But the ordinance, which would also punish violators with a misdemeanor on their third offense, only applies within the city limits.

That means if you're caught a few feet over the border, you'll likely face the full force of state law.

And that's a headache waiting to happen.

In Pennsylvania, possession of fewer than 30 grams of marijuana is a misdemeanor offense, punishable by up to 30 days in jail and a $500 fine, according to NORML, or the National Organization for the Reform of Marijuana Laws.

Second Amendment advocates would not stand for such a patchwork of laws regulating gun possession. And regardless of how you feel about gun rights, there is something to be said for consistency of enforcement and a level-playing field.

And more and more states governments are coming around to that conclusion.

Nationwide, 20 states and Washington D.C. have decriminalized possession of small amounts of marijuana, according to data compiled by the National Conference of State Legislatures.

In general, these offenses are either a civil or local infraction or the lowest-level misdemeanor with no possibility of jail time.

According to the NCSL data, those decriminalization states are Alaska (also now with legal provisions), California, Colorado (also now with legal provisions), Connecticut, Delaware (enacted in 2015), Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New York, North Carolina, Ohio, Oregon (also now with legal provisions), Rhode Island, Vermont and Washington (also now with legal provisions), and the District of Columbia (also now with legal provisions).

Of those states, six - Minnesota, Missouri, Nevada, North Carolina, Ohio (and Oregon before legalization) made possession a low-level misdemeanor, with no possibility of jail for qualifying offenses.

According to NCSL, the other states with decriminalization policies have hit violators with a civil infraction.

These states have also wisely acknowledged that targeting casual users is a waste of time and money that can be better spent elsewhere.

Marijuana enforcement efforts cost $3.6 billion a year nationwide, according to a 2013 report by the American Civil Liberties Union. And they did not result in any reduction in the use or availability of marijuana.

The same is true in Harrisburg, where both budgets and law-enforcement resources are stretched to the limit.

Before Tuesday's vote, city officers were required to appear in court for every marijuana possession case and the district attorney often reduced the penalty to fines anyway, as PennLive's Christine Vendel reported.

Then there are the social costs of such arrests - which can be punitively high, as both testimony before city council and a large body of research made clear.

Under Pennsylvania law, those arrested for marijuana possession lose their driver's license. This can kick off a off a chain-reaction. Without the ability to drive, they can lose their jobs and have a hard time finding a new one, tempting them to sell drugs or commit other crimes, advocates told council members.

Research has also shown that African-Americans are disproportionately affected by marijuana enforcement efforts. Though marijuana use is equal among blacks and whites, blacks are nearly four times more likely to be arrested for marijuana possession, the ACLU's report indicated.

In a majority-minority city such as Harrisburg, that cost is too high.

Still, advocates view the legalization of medical marijuana earlier this year as the first step toward breaking down stigmas about marijuana use.

Full Legalization bills are pending in the state House and Senate, though their chances of passage through a deeply skeptical, Republican-controlled General Assembly are slim.

An added burden: Democratic Gov. Tom Wolf also opposes full legalization. He's waiting to see how legalization experiments in Washington and Colorado turn out, his spokesman, Jeffrey Sheridan, said.

But Wolf is open to decriminalization of small amounts of marijuana, Sheridan added. That opens the door to a discussion in Pennsylvania.

And that's a subject worthy of debate. But what the General Assembly cannot afford to do is ignore this issue while Pennsylvania's cities move to adopt their own policies.

Basic fairness demands no less.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Harrisburg Council Voted To Reduce Marijuana Penalties - Your Turn, Pennsylvania
Author: PennLive Editorial Board
Contact: Central PA Local News
Photo Credit: AP
Website: Central PA Local News
 
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