PA: Could Easton Be The Next City To Decriminalize Marijuana

Ron Strider

Well-Known Member
Easton City Council is taking the first steps in exploring whether to decriminalize the possession of small amounts of marijuana.

City officials will research an ordinance that would make possession of less than 30 grams a summary offense — akin to a parking ticket — rather than a misdemeanor. Councilman Peter Melan suggested investigating lighter penalties after reading about an ordinance that was passed last month by City Council in Erie, Pa.

In addition to Erie, York, Harrisburg, Philadelphia, Pittsburgh and State College also have ordinances decriminalizing small amounts of marijuana, said Josh Fulmer, an attorney and chair of criminal rules for the Northampton County Bar Association.

Fulmer attended Wednesday night's City Council meeting as an interested party after hearing Easton officials were considering an ordinance. If Easton were to decriminalize possession, it would be the first municipality to do so in Lehigh and Northampton counties, he said.

People don't realize how serious misdemeanor possession can be, Fulmer explained. Consequences could range from a student losing their student loans, to a six month suspension of your driver's license, fines and jail time.

Ordinances to decriminalize small amounts of marijuana don't make the drug legal, but they have turned most possession offenses into fines. Typically, decriminalization also means no arrest, prison time or criminal record for the first-time possession of a small amount of marijuana for personal consumption, according to NORML, an organization working to legalize marijuana in the United States.

In Philadelphia, those possessing 30 grams or less are cited and fined $25. Those smoking in public are cited and fined $100, or made to perform community service, Fulmer said.

On Wednesday night, Easton City Council voted 6-1 to authorize solicitor William Murphy to reach out to officials in York and Harrisburg to research an ordinance. City officials said they also plan to have a forum next month to gather input from Easton Police, District Attorney John Morganelli and the local magistrates.

Council members Melan, Sandra Vulcano, James Edinger, David O'Connell, Roger Ruggles and Mayor Sal Panto Jr. were in favor of researching an ordinance. Councilman Ken Brown voted against it because he believes marijuana could make user susceptible to experimenting with more serious drugs.

Panto said he's in favor of decriminalizing small amounts of marijuana and researching the ordinance, but he questioned whether such an ordinance is legal since marijuana for recreational use is still illegal in Pennsylvania and under federal law.

"My concern is making sure it's enforceable," he said.

Solicitor Murphy said City Council can draft the ordinance, but agreed council doesn't have the authority to supersede state or federal law.

Jeff Reidy, executive director of the Lehigh Valley chapter of NORML said there were two bills introduced in Harrisburg this year — HB195 and HB928 — that would decriminalize the possession of small amounts of marijuana.

Reidy is working with Pennsylvania legislators to consider adopting such a bill, and urged the city to adopt its own ordinance to show state officials how they feel about the matter. Reidy also pointed out that right across the border from Easton, New Jersey may be well on its way to legalizing marijuana altogether. Gov-elect Phil Murphy, a Democrat, has said he wants to legalize, regulate and tax marijuana.

Pennsylvania did recently approve the use of cannabis for treating more than a dozen medical conditions, but it's still illegal for recreational use.

Northampton County Councilman Bob Werner attended Wednesday night's meeting to say he believes legalization could come to Pennsylvania, and so an ordinance decriminalizing small amounts could make sense. He pointed to comments made earlier this year by Pennsylvania Auditor General Eugene DePasquale who said it's time for Pennsylvania to regulate and tax marijuana.

Nationally, the marijuana industry is worth $20 billion and employs more than 280,000 people, Werner said.

DePasquale said if Pennsylvania were to cash in on the industry it could use the money to offset some of the state's long-term budget issues. DePasquale estimated Pennsylvania could generate $200 million a year by regulating and taxing marijuana.

At the very least, decriminalizing small amounts of marijuana can cut down on arrests and costs associated those arrests, Werner said. Since Philadelphia passed its decriminalization law in 2014, arrests dropped from 2,843 to 969. It costs approximately $2,200 to prosecute an arrest, which means Philadelphia has saved more than $4 million since decriminalization, Werner said.

Reidy said last year Easton Police made 71 marijuana arrests, which according to the figures Werner presented would result in a savings of $156,200.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Could Easton be next city to decriminalize marijuana? - The Morning Call
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