Her Brother Facing Iife For Marijuana, Mobile Woman Starts Decriminalization Petition

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Alabama - Two states have completely legalized the possession of marijuana up to an ounce, but on online petition begun here this week would have Alabama go even further. Tami Harrison started a petition on change.org to decriminalize marijuana and ban habitual-offender laws for nonviolent criminals. In an interview, she said disagrees with the ounce limit put in place by Washington state and Colorado, where marijuana use now is legal.

"What about the people who had more than that?" asked Harrison, who added that she figures it is unrealistic to think Alabama would completely legalize the drug. For Harrison, the crusade is personal. Last month, a Mobile County Circuit Court jury found her brother guilty of marijuana trafficking, and a judge sentenced him to life in prison. The life sentence was mandatory because of Jerry Harrison Jr.'s prior record, which includes convictions for possession of marijuana, possession of cocaine and distribution of marijuana. Circuit Judge Robert Smith had no choice but to sentence Harrison, 33, as a habitual offender.

Tami Harrison said her brother has made mistakes but never committed any violent crimes. She said he fell into a drug subculture growing up on Baltimore Street. "Everybody around him smoked and was dealing with some type of drug," she said. "That's just the neighborhood. ... That's just the type of place he grew up." Harrison's petition had garnered just 44 signatures as of Tuesday evening, and it faces a likely hostile reception in the halls of government. Gov. Robert Bentley already is on record as opposing efforts to legalize marijuana for medicinal purposes, and spokeswoman Jennifer Ardis said hher boss opposes decriminalization, as well.

According to the National Organization for the Reform of Marijuana Laws, Alabama has among the most restrictive marijuana laws in the country. In addition to Colorado and Washington, 15 other states have decriminalized the possession of small amounts of marijuana, making the offense akin to a traffic ticket. Twenty states and the District of Columbia have legalized medical marijuana. Allen St. Pierre, executive director of NORML, said most of the movement toward decriminalization took place in the 1970s before a backlash hardened drug laws across the country. But he said public surveys suggest the roughly three-quarters of Americans now favor medical marijuana and decriminalization, while almost 60 percent support outright legalization.

In many cases, St. Pierre said, relaxed drug laws are more popular than the politicians who oppose those measures. He added that broad support, measured by recent polls, exists in conservative states similar to Alabama. He said it is puzzling that resistance among politicians remains as strong as it is. "It's kind of hard to understand," he said. "It's almost a pathology at this point." Harrison's most recent arrest came on Sept. 14, 2012, at 809 Gorgas Street. Prosecutors alleged that he has 12 pounds of marijuana.

According to court records, the Mobile County Sheriff's Office used an informant to make undercover drug buys from Johnnie Williams, who lived at the house. Harrison's attorney, Chase Dearman, said his client showed up at about the same time deputies arrived with a search warrant. He said Williams, 74, let Harrison into the house. Police arrested them both. Dearman said Williams testified last month that he was allowing Harrison to keep his drugs at his house — an allegation that Harrison denies. "It was a travesty all around," Dearman said. "He was in the wrong place at the wrong time. Jerry was in the house, and inside, they found about 14 pounds of marijuana. And they want to put all that on Jerry."

Dearman said Williams claimed in his testimony that prosecutors had offered him no deals. Williams' case is set for Feb. 20. "The district attorney never offered anything but life (to Harrison). That's why we went to trial," he said. "There's nothing violent in Jerry's background. All for doing something that is perfectly legal in two states." That is an exaggeration. Even in Colorado and Washington, trafficking 12 pounds remains illegal. But St. Pierre, of NORML, said so-called three-strikes laws are becoming less common for drug offenses.

"That is a waning practice," he said. "The states that are still doing it more likely than not, it fits within their moral code." But St. Pierre predicted that even in more conservative states, budgetary constraints will lead to sentencing reform. Harrison joined some 300 other drug offenders serving life in prison with the possibility of parole. Harrison likely will be eligible for parole consideration in 15 years, said Bennet Wright, executive director of the Alabama Sentencing Commission. Wright said that another 20 or so drug offenders are serving life in prison without possibility of parole, either because they have two Class A felony convictions or the amount of drugs they possessed exceeded a certain threshold. For marijuana, that would be 1,000 pounds.

Wright said that as of last September, about 1,200 of the state's 25,500 prisoners were serving time for drug distribution. Another 1,100 inmates committed drug possession offenses, and 630 prisoners were serving time for drug trafficking. That means drug offenders make up roughly 11 percent of the prison population in Alabama. About 350 inmates are serving sentences for marijuana possession, Wright said. Tami Harrison said her family was not prepared to the possibility that Jerry Harrison could be sentenced to life for a marijuana conviction. "All of us were shocked," she said.

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News Moderator - The General @ 420 MAGAZINE ®
Source: Al.com
Author: Brendan Kirby
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Website: Her brother facing life for marijuana conviction, Mobile woman starts decriminalization petition | AL.com
 
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