Though the state hasn't yet decriminalized small amounts of marijuana, courts in the state might already be coming close.
Under state law, possession of a small amount of marijuana is a Class A misdemeanor, punishable by up to one year in jail, up to a $2,000 fine, and in some cases loss of driver's license. But prosecutors have the power to reduce charges, and that's become the growing trend.
"I would say that it's common with most judges I've talked to across the state that, much more often than not, a misdemeanor drug case is brought as a Class B misdemeanor, which is a $1,200 fine and no jail time, and a drug assessment," said Judge Edwin W. Kelly, administrating judge for the District Courts in the state. "But it's still a crime."
Prosecutors also have the option of reducing the charge even further to a violation, which means no jail time, a fine, and no criminal record. If the state were to decriminalize small amounts of marijuana, a person caught in possession would be charged with a violation.
There are no statistics showing exactly how many misdemeanor drug charges per year get knocked down to violations, said Laura Kiernan, communications director for the state Judicial Branch.
Prosecutors in Derry, Candia, Keene and Portsmouth who spoke with the New Hampshire Sunday News had the same criteria for knocking a case down to something less than state Class A status: first-time offenders, young offenders, offenders who were not driving at the time of the arrest, those who cooperate, and those whose financial aid or college admissions might be at stake were they to have a criminal record.
"Every prosecutor is different," said Jacqueline Docko, Candia district court prosecutor. "If the person is forthcoming and cooperative with the officer, and obviously if the person is willing to accept responsibility, then we might reduce the charge."
In Derry, police prosecutor Tony Ruggirio said his department generally doesn't look for jail time with possession.
"We feel it's appropriate to impose a monetary penalty," he said. "We are not trying to lessen the allegation of a drug arrest, but we just don't feel a first-time offense warrants jail time."
Nor does Derry push for treatment programs in cases involving first or even second offenses "because it's costly for somebody to be ordered to do that," Ruggirio said. "And then if they don't comply because they couldn't afford it, then they are found in contempt."
Under a new policy in Portsmouth, all misdemeanor drug cases are brought forward as Class B misdemeanors, said Carl Durand, Portsmouth District Court prosecutor. With a Class B misdemeanor, the court doesn't have to appoint the defendant an attorney, he said.
"There are a lot of marijuana cases," he said. "(Reducing charges) is a way of trying to save money."
Young offenders
Reducing charges and sentencing in marijuana possession makes sense according to Charles Temple, director of the Criminal Practice Clinic at Franklin Pierce Law School.
First-time offenders often are high school or college students, he said, and it doesn't make sense to jeopardize such a person's employment, schooling, or ability to otherwise be a contributing member of society, by putting a misdemeanor on their record.
A person convicted of a misdemeanor, he noted, could be turned down for college admission and or lose federal student financial aid.
And a reduced charge, Temple said, doesn't mean an offender escapes consequences. Reductions usually are accompanied by hefty fines, often require offenders to pay for alcohol or drug education and typically involve other restrictions.
In Merrimack County, Derry, Keene and Portsmouth, for example, first-time drug offenders are ordered to go into a drug education program that lasts a month or more.
"I see a lot of prosecutors -- to their credit, I think -- using their discretion when it comes to bringing charges," Temple said. "It's effective, and a much more appropriate sanction for the offense. It educates (offenders) and diverts them from the criminal system."
Temple said alternative sentencing, such as diversion programs, is a nationwide trend and something that many courts in the state have embraced. The idea is to educate but also to address substance-abuse problems with treatment rather than jail time.
Where there are no diversion programs, some prosecutors and judges get creative.
Candia prosecutor Docko said she often makes community service a mandatory part of a plea agreement. Also, if the defendant is a younger person with an alcohol or marijuana offense, Docko said, either she or the local judge will make the offender write a five-page essay.
"We just try to make them do something a little bit extra to get them to think about what they've done," she said.
Police discretion
Police addressing incidents involving marijuana possession also exercise discretion.
"I encourage them to consider the circumstances roadside," Sunapee Police Chief David Cahill said of his officers. "I think the officer takes (circumstances) into consideration and either issues a summons or physically brings the person in on an arrest. It depends on the quantity, the age of the person ... were they driving and smoking dope? And even then, they may issue a ticket or make the person go through that process of being arrested as an eye-opener for the person of what that's like."
And, Cahill said, he supports prosecutors who use their discretion when it comes to reducing charges.
"I believe that there are still very good people in this world, and just because someone gets arrested for something like (drug possession) doesn't mean that person didn't just make some mistake," Cahill said.
Whether the person was driving under the influence, has a criminal record or is willing to enter counseling -- those are among factors that can dictate a reduction in charges, he said.
"In those circumstances, I believe in giving people a second chance," Cahill said.
According to Claremont Police Chief Alex Scott, reducing misdemeanor charges is nothing new.
"I don't think it's anything different than what's been going on for quite a few years," he said. "I think that's how it's generally been handled."
He said the trend regarding marijuana possession should be part of a larger conversation about the effectiveness of law-enforcement strategies regarding drugs.
"I think we are certainly at a time where it would be valuable to look at the big picture of substance use and abuse," he said
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Union Leader
Contact: UnionLeader.com - New Hampshire news, business and sports
Copyright: 2009, Union Leader Corporation
Website:UnionLeader.com - New Hampshire news, business and sports - Prosecutors, police ease up on pot - Sunday, Oct. 18, 2009
Under state law, possession of a small amount of marijuana is a Class A misdemeanor, punishable by up to one year in jail, up to a $2,000 fine, and in some cases loss of driver's license. But prosecutors have the power to reduce charges, and that's become the growing trend.
"I would say that it's common with most judges I've talked to across the state that, much more often than not, a misdemeanor drug case is brought as a Class B misdemeanor, which is a $1,200 fine and no jail time, and a drug assessment," said Judge Edwin W. Kelly, administrating judge for the District Courts in the state. "But it's still a crime."
Prosecutors also have the option of reducing the charge even further to a violation, which means no jail time, a fine, and no criminal record. If the state were to decriminalize small amounts of marijuana, a person caught in possession would be charged with a violation.
There are no statistics showing exactly how many misdemeanor drug charges per year get knocked down to violations, said Laura Kiernan, communications director for the state Judicial Branch.
Prosecutors in Derry, Candia, Keene and Portsmouth who spoke with the New Hampshire Sunday News had the same criteria for knocking a case down to something less than state Class A status: first-time offenders, young offenders, offenders who were not driving at the time of the arrest, those who cooperate, and those whose financial aid or college admissions might be at stake were they to have a criminal record.
"Every prosecutor is different," said Jacqueline Docko, Candia district court prosecutor. "If the person is forthcoming and cooperative with the officer, and obviously if the person is willing to accept responsibility, then we might reduce the charge."
In Derry, police prosecutor Tony Ruggirio said his department generally doesn't look for jail time with possession.
"We feel it's appropriate to impose a monetary penalty," he said. "We are not trying to lessen the allegation of a drug arrest, but we just don't feel a first-time offense warrants jail time."
Nor does Derry push for treatment programs in cases involving first or even second offenses "because it's costly for somebody to be ordered to do that," Ruggirio said. "And then if they don't comply because they couldn't afford it, then they are found in contempt."
Under a new policy in Portsmouth, all misdemeanor drug cases are brought forward as Class B misdemeanors, said Carl Durand, Portsmouth District Court prosecutor. With a Class B misdemeanor, the court doesn't have to appoint the defendant an attorney, he said.
"There are a lot of marijuana cases," he said. "(Reducing charges) is a way of trying to save money."
Young offenders
Reducing charges and sentencing in marijuana possession makes sense according to Charles Temple, director of the Criminal Practice Clinic at Franklin Pierce Law School.
First-time offenders often are high school or college students, he said, and it doesn't make sense to jeopardize such a person's employment, schooling, or ability to otherwise be a contributing member of society, by putting a misdemeanor on their record.
A person convicted of a misdemeanor, he noted, could be turned down for college admission and or lose federal student financial aid.
And a reduced charge, Temple said, doesn't mean an offender escapes consequences. Reductions usually are accompanied by hefty fines, often require offenders to pay for alcohol or drug education and typically involve other restrictions.
In Merrimack County, Derry, Keene and Portsmouth, for example, first-time drug offenders are ordered to go into a drug education program that lasts a month or more.
"I see a lot of prosecutors -- to their credit, I think -- using their discretion when it comes to bringing charges," Temple said. "It's effective, and a much more appropriate sanction for the offense. It educates (offenders) and diverts them from the criminal system."
Temple said alternative sentencing, such as diversion programs, is a nationwide trend and something that many courts in the state have embraced. The idea is to educate but also to address substance-abuse problems with treatment rather than jail time.
Where there are no diversion programs, some prosecutors and judges get creative.
Candia prosecutor Docko said she often makes community service a mandatory part of a plea agreement. Also, if the defendant is a younger person with an alcohol or marijuana offense, Docko said, either she or the local judge will make the offender write a five-page essay.
"We just try to make them do something a little bit extra to get them to think about what they've done," she said.
Police discretion
Police addressing incidents involving marijuana possession also exercise discretion.
"I encourage them to consider the circumstances roadside," Sunapee Police Chief David Cahill said of his officers. "I think the officer takes (circumstances) into consideration and either issues a summons or physically brings the person in on an arrest. It depends on the quantity, the age of the person ... were they driving and smoking dope? And even then, they may issue a ticket or make the person go through that process of being arrested as an eye-opener for the person of what that's like."
And, Cahill said, he supports prosecutors who use their discretion when it comes to reducing charges.
"I believe that there are still very good people in this world, and just because someone gets arrested for something like (drug possession) doesn't mean that person didn't just make some mistake," Cahill said.
Whether the person was driving under the influence, has a criminal record or is willing to enter counseling -- those are among factors that can dictate a reduction in charges, he said.
"In those circumstances, I believe in giving people a second chance," Cahill said.
According to Claremont Police Chief Alex Scott, reducing misdemeanor charges is nothing new.
"I don't think it's anything different than what's been going on for quite a few years," he said. "I think that's how it's generally been handled."
He said the trend regarding marijuana possession should be part of a larger conversation about the effectiveness of law-enforcement strategies regarding drugs.
"I think we are certainly at a time where it would be valuable to look at the big picture of substance use and abuse," he said
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Union Leader
Contact: UnionLeader.com - New Hampshire news, business and sports
Copyright: 2009, Union Leader Corporation
Website:UnionLeader.com - New Hampshire news, business and sports - Prosecutors, police ease up on pot - Sunday, Oct. 18, 2009
