Today, the Maryland House of Delegates voted 78 to 55 in favor of Senate Bill 364 which reduces the penalty for possession of 10 grams or less of marijuana from a criminal misdemeanor to a civil offense.
Senate Bill 364 was originally amended by the House Judiciary Committee to simply form a task force to study the issue of marijuana decriminalization. However, this morning, under pressure from the House Black Caucus, the House Judiciary Committee reversed their vote and instead voted 13 to 8 to approve an amended version of SB 364. As amended by committee, the bill would make possession of 10 grams or less a civil offense with the first offense punishable by a $100. The fine for a second offense would be $250, and the fine for a third and subsequent offenses would be $500. The original Senate version set the fine at $100, no matter which offense it was. SB 364 is now expected to go to conference committee to resolve the differences between the version approved by the House and the one approved by the state Senate.
Commenting on today’s vote, NORML Communication Director Erik Altieri stated, “This bill represents a great step forward in reversing the devastating effect current marijuana policies have on communities in Maryland. While the state must now move forward on the legalization and regulation of marijuana, we applaud Maryland legislators in taking action to end the 23,000 marijuana possession arrests occurring in the state every year.”
According to a 2013 ACLU report, Maryland possesses the fourth highest rate of marijuana possession arrests per capita of any state in the country. Maryland arrests over 23,000 individuals for simple marijuana possession every year, at the cost over of 100 million dollars.
NORML will keep you updated on the progress of this legislation.
“Councilman Wells is a passionate crusader for the cause of marijuana law reform,” stated NORML PAC manager Erik Altieri, “Wells showed his skill and acumen for the issue when he championed the District’s marijuana decriminalization measure, which was overwhelmingly approved by the DC City Council just this month. The District of Columbia would greatly benefit from having his compassion, knowledge, and strong leadership in the mayor’s office. Under a Tommy Wells administration, DC will continue to roll back its failed prohibition on marijuana and move towards a system of legalization and regulation.”
“Decriminalization is the first step in ending the failed War on Drugs that has unfairly affected our minority communities and ruined countless lives,” stated Councilman Wells, “We still have much to do to bring about common sense changes – like legalization – so that DC can set an example for the rest of the country.”
A large majority of Washington, DC residents agree with Wells’ position. A poll of District residents released by the Washington Post in January revealed that 63% were in favor of legalizing the possession of small amounts of marijuana for personal use, only 34% were opposed. Legalization had majority support amongst every single demographic surveyed.
The District of Columbia currently leads the rest of the country in marijuana arrests per capita, with 854 individuals arrested for every 100,000 residents. These arrests are also disproportionately impacting people of color. While only accounting for about 51% of the population, African Americans constitute 90% of all marijuana possession arrests. This is despite the fact that African Americans and whites use marijuana at similar rates. Councilman Wells’ recently approved marijuana decriminalization measure will be a great first step in rolling back this social injustice.
The Democratic primary for the DC mayor’s race will be held on April 1st. DC voters can get more information on how and where to vote in the primary on the District of Columbia’s website here.
Today, the New Hampshire House of Representatives voted 215 to 92 in favor of House Bill 1625. This legislation to significantly reduce marijuana penalties in New Hampshire.
Under present law, possession of any amount of marijuana is a criminal misdemeanor, punishable by up to 1 year of incarceration and a maximum fine of $2,000. Passage of this act would eliminate criminal penalties for possession of one ounce or less of marijuana and replace them with a civil fine of $100 — no arrest and no criminal record. It would lower the classification of cultivation of six marijuana plants or less to a Class A misdemeanor. You can read the full text of this measure here. House Bill 1625 now awaits action in the state Senate.
New Hampshire Residents: Click HERE to quickly and easily contact your member of the state Senate and urge them to support this important legislation. You can also view how each member of the House of Representatives voted here.
Maryland House Committee to Hear Decriminalization and Legalization Bills, Advocates to Rally in Support
Tomorrow, the Maryland House Judiciary Committee will be holding a public hearing to discuss House Bill 880 (legalization) and House Bill 879 (decriminalization) at 1:00pm in Annapolis.
Maryland residents can click here to contact their legislators in favor of decriminalization and here to contact them in favor of legalization. It only takes a few minutes, so please take a moment of your time to let your voice be heard.
Please also consider calling both House Judiciary Committee Chairman Delegate Vallario and Speaker of the House Delegate Busch to let them know that Marylanders support reforming the state’s marijuana policies. These two will be key in seeing these measures advance and have had prior history of opposing such efforts. Their contact information is below:
House Judiciary Committee Vallario
Speaker of the House Delegate Busch
Prior to the hearing, marijuana law reform advocates will be rallying at Lawyers Mall outside of the state house at 11:00am to show support for these important pieces of legislation. They will be joined by legalization and decriminalization bill sponsor, and NORML PAC endorsed candidate for Maryland Governor, Delegate Heather Mizeur. More information on the rally is available here.
Thank you for supporting our efforts to legalize marijuana in Maryland. Together, we can bring about great change in the state this legislative session!
The DC City Council Committee on the Judiciary and Public Safety will hold public hearings on legislation introduced earlier this year by Councilman Tommy Wells, B20-0409: The Simple Possession of Small Quantities of Marijuana Decriminalization Act of 2013. The measure will receive two public hearings, one on Wednesday evening from 6:30pm until 9:00pm at the Anacostia Neighborhood Library located at 1800 Good Hope Road SE. The hearing will reconvene Thursday at 11:30am in Room 500 of the John A. Wilson Building located at 1350 Pennsylvania Ave, NW.
NORML will be testifying along with other allied groups in favor of this legislation. The Simple Possession of Small Quantities of Marijuana Decriminalization Act would make the possession of up to one ounce of marijuana by those 18 years of age or older a civil violation, punishable by a $100 fine. Currently, the possession of any amount of marijuana in the District of Columbia is a misdemeanor punishable by up to 6 months incarceration or a maximum $1,000 fine. A survey conducted by Public Policy Polling earlier this year found that 75% of DC residents support this reform.
A live stream of the hearings should be available here, the video will also be archived on the City Council website for viewing at a later date.
If you live in DC and can’t attend the hearing, you can quickly and easily contact your City Council member in support of this measure by clicking here.
You can read NORML’s testimony below:
Written Testimony Regarding B20-0409: The Simple Possession of Small Quantities of Marijuana Decriminalization Act of 2013, Before the DC City Council, Committee on the Judiciary and Public Safety
By Erik Altieri, Communications Director
NORML | NORML Foundation
October 24, 2013
NORML applauds the members of the City Council for holding this hearing regarding the decriminalization of personal use amounts of marijuana.
B20-0409: The Simple Possession of Small Quantities of Marijuana Decriminalization Act of 2013 reduces minor marijuana possession penalties (those involving the possession of 1 ounce or less) from a criminal misdemeanor, punishable by up to six-months in jail and a $1000 fine, to a civil infraction punishable by a fine only. This common sense, fiscally responsible proposal will cut costs, improve public safety, and have a positive impact on the quality of life of thousands of adults in the District of Columbia.
This Measure Will Improve The Quality Of Life For DC Citizens
In 2011, about 4,300 District citizens were arrested for possessing small amounts of marijuana at the estimated cost of over 20 million dollars. These arrests disproportionately effect people of color, with African American residents being arrested at 8 times the rate of their white counterparts despite similar use rates. This statistic makes the District 2nd in the nation when it comes to racial disparities, falling just behind Iowa. While only accounting for 51.6% of the population, people of color account for more than 90% of all marijuana arrests. Passage of this measure would spare many of these citizens from criminal arrest, prosecution, and incarceration, as well as the emotional and financial hardships that follow — including the loss of certain jobs, students loans, federal and state subsidies, and child custody rights.
Most adult marijuana users act responsibly. They are not part of the crime problem and they should not be treated like serious criminals. This legislation would maintain monetary sanctions for marijuana possession violations, but would spare offenders from being saddled with lifelong criminal records. This change would continue to discourage marijuana abuse, while halting the practice of permanently criminalizing thousands of otherwise law-abiding citizens.
B20-0409 Will Cut Costs And Improve Public Safety
Law enforcement resource allocation is a zero-sum gain. The time that a police officer spends arresting and processing minor marijuana offenders is time when he or she is not out on the streets protecting the public from more significant criminal activity. Passage of this bill would allow law enforcement, prosecutors, and the courts to re-allocate their existing resources toward activities that will more effectively target serious criminal behavior and keep the public safe. In recent years, lawmakers in California (2010), Connecticut (2011) and Vermont (2013) have enacted similar legislation for these reasons. To date, these laws are working as lawmakers intended.
District Residents Strongly Support Decriminalization
Public opinion strongly favors such a reprioritization of law enforcement resources. Marijuana ‘decriminalization,’ as proposed under The Simple Possession of Small Quantities of Marijuana Decriminalization Act, presently enjoys support from the majority of Americans. According to a DC poll conducted by Public Policy Polling earlier this year, 75 percent of D.C. residents support decriminalizing small amounts of marijuana.
Contrary to the concerns of some, the passage of this legislation would not negatively impact marijuana use patterns or attitudes. Passage of similar legislation in other states has not led to increased marijuana use or altered adolescents’ perceptions regarding the potential harms of drug use. In fact, the only United States government study ever commissioned to assess whether the enforcement of strict legal penalties positively impacts marijuana use found, “Overall, the preponderance of the evidence which we have gathered and examined points to the conclusion that decriminalization has had virtually no effect either on the marijuana use or on related attitudes and beliefs about marijuana use among American young people.”
Support Public Safety: Vote ‘Yes’ On The Simple Possession of Small Quantities of Marijuana Decriminalization Act
The Simple Possession of Small Quantities of Marijuana Decriminalization Act seeks to reduce government expenditures and promote public safety. These are goals that lawmakers should support. It makes no sense to continue to treat responsible adult cannabis consumers as criminals. While NORML encourages the Council to approve this measure, we hope that you will also continue to pursue further marijuana law reforms. Amending this legislation to include limited personal cultivation of several marijuana plants would allow consumers to have an alternative source instead of continuing to funnel money into the black market. Ultimately, we urge the Council to consider moving further, to a system that regulates marijuana in a manner similar to alcohol, which would put marijuana commerce in the hands of regulated businesses and away from criminal elements. Thank you for your time and consideration of this measure.