Legislative Chambers Move Measures To Decriminalize Marijuana In Hawaii, Maryland, New Hampshire, and New Jersey

  • by Paul Armentano, NORML Deputy Director March 22, 2013

    Legislative chambers in four states — Hawaii, Maryland, New Hampshire, and New Jersey — have passed measures to reclassify minor marijuana offenses as non-criminal violations, punishable by a fine only — no arrest, no jail, and no criminal record.

    In Hawaii, Senate lawmakers this month unanimously passed Senate Bill 472, which reclassifies marijuana possession offenses from a criminal misdemeanor (punishable by up to 30 days in jail and a $1,000 fine) to an infraction. On Thursday, March 14, members of the House Judiciary Committee voted in favor of a revised version of this proposal (SB 472, HD1). This revised version caps fine-only penalties at no more than $100 for violations by those age 18 or older involving 20 grams or less of cannabis. Senate Bill 472 now before the House Finance Committee, where it has yet to be scheduled for a hearing. If passed by the House Finance Committee, the measure would still need to be voted by the full House and then it would return to the Senate before going to the Governor’s desk. You can read NORML’s testimony in support of this measure here. Hawaii voters who wish to learn more about this effort can visit NORML’s ‘Take Action Center’ here or visit the ACLU of Hawaii here.

    Maryland lawmakers this week passed Senate Bill 297 by a vote of 30 to 16. The bill now goes before House lawmakers for further consideration. This is the first time in recent memory that a chamber of the Maryland legislature has voted to significantly reduce penalties for the non-medical use of cannabis. Presently, the possession of ten grams of cannabis or less is classified as a criminal misdemeanor, publishable by up to 90 days in jail and a $500 fine. Senate Bill 297 makes minor marijuana offenses a fine-only, non-criminal infraction, punishable by a maximum fine of $100. Members of the House Judiciary Committee will hear SB 297 on Thursday, March 28, at 1pm. NORML will be testifying at this hearing. Maryland residents are urged to get involved in supporting SB 297 by clicking here.

    Yesterday, New Hampshire House members voted 214 to 115 in favor of amended legislation, House Bill 621, that decriminalizes minor marijuana possession offenses. Under present law, the possession of any amount of cannabis is classified as a criminal misdemeanor publishable by up to one-year in jail and a $2,000 fine. This proposal seeks to make minor marijuana offenses (up to one-quarter of one ounce) a fine-only, non-criminal infraction. The vote marks the fourth time in five years that House lawmakers have approved decriminalizing cannabis. More than 50 additional House lawmakers approved the measure this year as opposed to last year. Nevertheless, this measure is anticipated to face resistance in the Senate as well as from newly elected Gov. Maggie Hassan. If you reside in New Hampshire, you can take action in support of HB 621 here.

    Assembly Bill 1465, which reduces penalties for the adult possession of up to 15 grams or less of marijuana to a fine-only, non-criminal violation was approved last year by the New Jersey Assembly and awaits action by the Senate. Separate Senate Legislation, Senate Bill 1977, to decriminalize up to 50 grams of marijuana also remains pending. Under present state law, the possessing of up to 50 grams marijuana is punishable by up to 6 months incarceration, a $1,000 fine, and a criminal record. According to survey data compiled in 2011 by Rutgers University, a majority of New Jersey voters support reforming the state’s criminal marijuana laws. Pollsters found that 6 out of 10 voters favored removing criminal penalties for first-time marijuana possession offenders and replacing them with the imposition of a civil fine. Just over half thought there should be no penalties at all. More information about these measures is available here.

    To date, fifteen states have reduced marijuana possession to a fine-only offense. In nine of these states — California, Colorado, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, and Rhode Island (beginning April 1, 2013) — the law defines the private, non-medical possession of marijuana by adults as a civil, non-criminal offense. Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense. Alaska imposes no criminal or civil penalty for the private possession of small amounts of marijuana, while Colorado and Washington recently imposed separate legislation legalizing the private possession of marijuana.

    Several additional states, including Missouri and Vermont, are considering similar decriminalization measures. Nearly a dozen states are also considering legislation to legalize the adult consumption of marijuana and regulate its retail production and sale. A summary of state-by-state pending marijuana law reform measures is available from NORML’s ‘Take Action Center’ here.

    18 Responses to “Legislative Chambers Move Measures To Decriminalize Marijuana In Hawaii, Maryland, New Hampshire, and New Jersey”

    1. Alaska907 says:

      this message goes out to ANYONE who lives in a NON-friendly Cannabis State.

      MOVE OUT !!!
      I once lived in a state that was NOT cannabis friendly, …..

      And now I have a Medical Marijuana Card
      Don’t let the GOVERNMENT PUSH YOU AROUND !!

      MOVE. GO somewhere. When NO ONE lives in crime ridden Michigan(for example) because their laws suck balls, then there will be change.
      TOO many babies and pussies waiting for a hand-out and waiting for change.

      Make it happen, quite being a little bitch!

    2. Joe says:

      I wish Georgia would get on board,It looks like its going to be another 20 years before they even get Medical Marijuana,I am a disabled Law Enforcement Officer and former Drug Agent and yes at the time I would see guys making all these petty arrests,posession of seeds is same as poss of less than a ounce,and small little plants,mabye a inch or two high,growing,manufacturing, felony charge for rest of there life.I am disabled now and after having 6 back surgeries and 2 brain operations,nothing,I mean nothing or no amount will kill this pain.No amount of morphine,dilaudid,methadone,all the oxy and hydro codone,nothing,and Im telling you some serious doses.Nothing works.I have never tried marijuana but you can bet I am trying to do everything I can now to get a hold of some and meet someone who can help.

    3. St. Nick and Dime says:

      St. Nick. Someone hacked my shit so won’t comment for a while. Just wanted to suggest cramming all elected official votes into once every four years, not 2. We got electronic ballots. Toke! =o-~

    4. Sean says:

      The problem that I have with decriminalization is that it protects the black marketeers. Decriminalization also implies that there are still sanctions against marijuana usage. Legalization is the only answer.

    5. Evening Bud says:

      A lot of cops just have that mindset that pot is bad–and people who smoke pot are bad. And it will take time, and legalization by states, to finally drum that out of their heads. I had to work somewhat closely with state cops at my last job (and my boss was an ex-Sheriff’s Dept guy), so I saw up close how some of them thought. But there are always a few good ones mixed in with the bad–as in any job.

    6. Gene says:

      One BIG problem!!! We can lose our jobs and that alone can ruin a lot of things in your life. Until it’s 100% legal it’s not over.

    7. john holman says:

      Its a boondoggle in MD. O’Malley has duped his electorate: de-crim will never pass and MMJ is slated to be implemented in THREE yrs, except for the less than 100 chronically ill voices that call the gov out. Pathetic, shame on our legislators for not passing SB302 forcing Martin to show his true selfish intentions and veto it.

    8. Dave Evans says:

      Fireweed, the feds dont have the right to make cannabis illegal or legal. It is called an overreach for a reason.

    Leave a Reply