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Municipal

  • by Paul Armentano, NORML Deputy Director April 5, 2018

    Minor marijuana possession arrests have plunged in the city of New Orleans following the adoption of a municipal ordinance one year ago that called for fining rather than arresting low-level offenders.

    According to data made available last week, just one percent of encounters between police and someone accused of possessing marijuana resulted in an arrest between June 2016 and May 2017. In prior years, over 70 percent of such encounters resulted in an arrest. In those cases, some 75 percent of those arrested were African Americans.

    Under Louisiana state law, minor marijuana possession offenses are punishable by a term of incarceration of up to eight years, depending on whether the person convicted is a repeat offender.

    In March of last year, members of the New Orleans city council voted 7 to 0 in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. In recent years, nearly 60 municipalities in states where cannabis remains criminalized have enacted local ordinances either partially or fully decriminalizing minor marijuana possession offenses.

    According to a study published last month by the National Bureau of Economic Research, the enactment of recent statewide decriminalization laws has similarly resulted in a dramatic decrease in marijuana arrests while having no adverse impact on youth use patterns.

  • by Paul Armentano, NORML Deputy Director February 16, 2018

    Philadelphia officials announced today that they will no longer prosecute marijuana possession offenses.

    In October 2014, Philadelphia enacted a municipal ordinance reclassifying cases involving the possession of up to 30 grams of cannabis to a non-summary civil offense, punishable by a $25 fine – no arrest and no criminal record. Since that time, annual arrests for marijuana possession violations have fallen by an estimated 85 percent. However, despite this decrease, police have continued to make several hundreds of marijuana possession arrests yearly. These arrest primarily target young people pf color.

    Newly elected District Attorney Larry Krasner declared today that the city will no longer prosecute those additional cases. “What we’re talking about is the 10 percent or so that are being charged as they used to be, as misdemeanors in court,” he said. “We are going to … drop any cases that are simply marijuana possession.”

    Krasner said that refusing to pursue these cases is “the right thing to do.”

    Last week, Seattle city officials announced their intentions to vacate the criminal convictions of minor marijuana possession offenders. The week prior, city officials in San Francisco announced plans to automatically expunge thousands of past marijuana possession convictions.

  • by Jamie Kacz, Executive Director of NORML KC December 12, 2017

    15167619_606981862846104_8187971922597102036_oOn April 4, 2017, Kansas City residents decriminalized marijuana possession with an amazing 75% of voters supporting that move. The Initiative was led by NORML KC, the Kansas City Chapter of the National Organization for the Reform of Marijuana Laws.

    The Petition decriminalized marijuana possession by eliminating arrests, eliminating the possibility of jail as a sentence, and requiring almost all such cases to be handled in municipal court which does not result in a criminal conviction. The previous range of punishment was up to six months in jail and/or a fine of up to $500. The new maximum fine is $25.

    Prior to the election in April, certain public officials claimed they were concerned about the welfare of indigent marijuana defendants who would no longer be eligible for free legal services under the City’s contract with Legal Aid of Western Missouri (LAWMO). Supporters of the Initiative pointed out that this problem could easily be fixed by amending the City’s contract with LAWMO. Now, that has happened.

    The previous KC/LAWMO contract limited free legal services to indigent defendants charged with offenses which carry possible jail sentences. The new amendment specifically allows for LAWMO to represent indigent defendants facing marijuana possession charges.

    According to The Kansas City Star, April 4, 2017, LAWMO represented defendants in about 59% of municipal marijuana cases during the past fiscal year.  The Star reported that approximately 70% of marijuana defendants are black, in a city where the population is only 30% black.  Studies consistently show that marijuana use rates are virtually the same between black and white Americans.

    “NORML KC is pleased that the City has chosen to do the right thing in protecting its most vulnerable population by amending the contract with LAWMO,” said Jamie Kacz, Executive Director of NORML KC. “Prosecuting non-violent cannabis offenses should not be a priority in our city when over half of the nation has some form of safe and legal access.”

    Attorney Dan Viets, Missouri NORML Coordinator and a member of the national NORML Board of Directors, said that the voters of Kansas City spoke loudly and clearly in getting the Initiative a landslide victory. “It was incredible that with no funding and only a small group of volunteers supporting the effort, this Initiative passed with the support of 75% of the voters!”

    Further reform efforts are underway statewide. The New Approach Medical Cannabis Initiative campaign intends to place a measure legalizing medical cannabis on the November 2018 Missouri ballot. Missouri NORML Chapters, including NORML KC, are an important part of the coalition which is supporting this measure. The Initiative would provide funding for veterans’ services and regulate cultivation, processing and dispensing of cannabis to patients whose doctors have recommended such use. The campaign has gathered more than 125,000 signatures.  Nearly 170,000 valid signatures will be required to qualify for the ballot.

  • by NORML August 24, 2017

    sheet-of-money-hempIn March of this year, Oakland City Council implemented the Equity Permit Program for marijuana businesses. This program is designed to address the past disparities in the cannabis industry by giving priority to the victims of the war on drugs and minimizing barriers of entry into the industry. Ultimately, their goal is to remove the barriers for those who have been wronged in the past and level the playing field in the medical cannabis arena. From their research developing this program, the Oakland City Council discovered that over the past 20 years, the Black community has been dramatically overrepresented in cannabis-related arrests–reaching as high as 90% of all these arrests at one point in time.  

    To qualify as an Equity applicant, the individual must be an Oakland resident who has an annual income at less than 80 percent of the Oakland Average Medium Income and either has a past marijuana conviction in Oakland or has lived for ten of the last twenty years in police beats that experienced a disproportionately higher amount of law enforcement. Additionally, the Equity applicants are not required to pay the permit application fee.

    Since the access to affordable rent and business locations is a huge barrier, Oakland’s medical cannabis regulations created the Equity Incubator Program. Under this program, general applicants receive permitting priority if they provide Equity applicants with free rent for a minimum of 1,000 square feet of space to operate their business.

    Overall, Oakland is addressing the discrimination within the cannabis industry that has plagued their city for far too long. Though the program may not be perfect, they are setting an example of how to begin to address marijuana-related oppression that has impacted historically marginalized groups.

    You can find more information from the City of Oakland by clicking HERE.

  • by Tom McCain, Executive Director, Peachtree NORML May 11, 2017

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    **Update: Peachtree NORML has just informed us that the vote has been postponed. We will keep you posted as developments unfold. 

    On Monday, May 15, 2017, the City Council of Atlanta, Georgia will vote on an ordinance that would decriminalize the possession of one ounce or less of marijuana within Atlanta’s City Limits. Under Georgia law, the possession of one ounce or less is an arrestable offense that could result in up to a $1000 fine and 12 months in jail. This ordinance would allow for the issuance of a citation which carries a $75.00 fine. The ordinance would only apply to the Atlanta Police Department. Other agencies operating within the City, such as the State Patrol and Fulton County Sheriff, would still be able to arrest for the offense.

    While it may not seem like much protection, the passage of this ordinance would be a giant step in Georgia. The small town of Clarkston passed a similar ordinance in July 2016. While that stirred up some news, the Capital of Georgia passing it would have a major ripple effect. One mayoral candidate, Vincent Fort, who is a current member of Georgia’s Senate, has made decriminalization the major plank in his campaign platform. It is a hot topic in Georgia.

    Peachtree NORML, in association with Georgia C.A.R.E. Project, has begun a City-by- City campaign which is beginning to have some success. By providing fact-based data to municipal governments wishing to consider such measures, we hope to begin reducing the harm caused by an arrest for small amounts of marijuana in Georgia.

    If approved by Council, Atlanta will join a growing list of cities around the country that have adopted a more pragmatic approach for dealing with marijuana-related offenses on the local level. Kansas City, Houston, Memphis, Nashville, Tampa, Orlando, Milwaukee, Monona, Toledo, Philadelphia, Pittsburgh and several others have decriminalized the possession of small amounts of marijuana.

    Sharon Ravert, the Founder of Peachtree NORML is fond of saying, “When we are talking, we are winning.” Hopefully the City of Atlanta will prove her right next Monday.

    Contact your council representatives today and urge them to vote “Yes” on a fiscally sensible proposal that will enable police, prosecutors, and the courts to reallocate their existing resources toward activities that will better serve the public.

    Click the link below to get started!

    TAKE ACTION: http://act.norml.org/p/dia/action4/common/public/?action_KEY=20611

    For more updates on local reform efforts, follow Peachtree NORML by visiting their website, Facebook and Twitter! To make a donation to Peachtree NORML, please click here.

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