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  • by NORML June 20, 2018

    Local Marijuana DecriminalizationEven though recreational marijuana remains criminalized in a majority of US states, more and more municipalities are moving ahead with local laws decriminalizing the possession of cannabis within city limits. For the first time, NORML has released a comprehensive breakdown of these citywide and countywide decriminalization policies.

    Efforts to liberalize municipal marijuana possession penalties in states where cannabis remains criminalized have become increasingly popular in recent years. Since 2012, over 50 localities, such as Albuquerque, Milwaukee, New Orleans, Philadelphia, and St. Louis in a dozen states — including Florida, Georgia, Michigan, Pennsylvania, and Texas — have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. Today, over 10.5 million Americans reside in these localities. (Please note: This total does not include cities or counties in states that have either legalized or decriminalized marijuana statewide).

    Click here to see the full breakdown of localities that have decriminalized marijuana

    NORML Executive Director Erik Altieri: “Local politicians see firsthand the punitive and disproportionately adverse effects that statewide marijuana criminalization has on their communities and upon their constituents. That is why they are exercising their local legislative powers to protect citizens in their community when state politicians are either unwilling or lack the political courage to do so.”

    DECRIMINALIZATION EXPLAINED

    Under full decriminalization, minor offenses are defined by statute as either non-criminal violations or infractions. Violators are not subject to arrest. Instead, they are cited and mandated to pay a small fine. Violators are not subject to a court appearance nor are they saddled with a criminal conviction or record.  Under partial decriminalization policies, minor marijuana offenses may remain classified as misdemeanor offenses. However, violators are issued a summons in lieu of a criminal arrest.

    Beginning with Oregon in 1973, 21 states and the District of Columbia have enacted versions of marijuana decriminalization. (Eight of these states: Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Vermont — have since replaced their decriminalization statutes with statewide adult use legalization legislation.)

    Today, nine states — Connecticut, Delaware, Illinois, Maryland, Mississippi, Nebraska, New Hampshire, New York, and Rhode Island — have fully decriminalized activities specific to the private possession of small amounts of cannabis by adults. Four additional states — Minnesota, Missouri, North Carolina, and Ohio — have partially decriminalized marijuana possession offenses. In these latter jurisdictions, cannabis remains classified as a misdemeanor under state law, but the offense does not carry the penalty of jail time. In New York, marijuana possession ‘in public view’ remains punishable as a criminal misdemeanor.

    Click here to see the full breakdown of localities that have decriminalized marijuana

    NORML Political Director Justin Strekal: “As public support in favor of marijuana law reform has grown, so too have local efforts by legislators and voters to address the issue at the municipal level. In many regions of the country, local lawmakers are moving to shield their local citizens from state prohibitions — one city at a time.”

  • by Erik Altieri, NORML Executive Director May 17, 2013

    Reason-Rupe has just released new polling data that revealed only a minuscule percentage of Americans believe that marijuana use and possession should result in jail time. When asked which approach they thought the government and law enforcement should take toward someone found smoking marijuana or in possession of a small amount of marijuana, only 6% responded that they should be sent to jail. 35% of respondents said that these individuals shouldn’t be punished at all, 32% responded they should pay a fine, and 20% said they should have to attended substance abuse courses.

    The survey also found that 52% of Americans favor federal legislation that would prevent the federal government from prosecuting people who grow, possess, or sell marijuana in the states that have legalized it. Recently, Representative Dana Rohrabacher (R-CA) introduced the “Respect State Marijuana Laws Act” which would do exactly that. You can click here to easily contact your Representative and urge him or her to support this measure.

    Full results of this poll are available here.

  • by Paul Armentano, NORML Deputy Director May 30, 2012

    On Tuesday, separate legislative committees in the Rhode Island House and Senate approved measures to significantly reduce the state’s criminal marijuana possession penalties.

    House Bill 7092 and its companion legislation, Senate Bill 2253, amend state law so that the possession of up to one ounce of marijuana by an individual 18 or older is reduced from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a non-arrestable civil offense, punishable by a $150 fine, no jail time, and no criminal record. You can read NORML’s testimony in favor of the measures here.

    According to a recent statewide poll, commissioned by the Marijuana Policy Project, 65 percent of Rhode Island’s residents are in favor of decriminalization. In recent years, neighboring Connecticut (in 2011) and Massachusetts (in 2009, via a voter-approved initiative) have enacted similar decriminalization laws.

    Rhode Island lawmakers have a long history of supporting medical marijuana law reform legislation. However, yesterday’s vote marks one of the first times in recent memory that lawmakers have taken action to amend the state’s marijuana penalties for non-patients.

    The decriminalization measures now await floor votes in their respective chambers. These votes could come as early as this week. Therefore, if you reside in the Ocean State, it is vital that your elected officials hear from you. You can contact your state elected officials directly via NORML’s ‘Take Action Center’ here.

    Similar decriminalization legislation is also pending in New Jersey, where the full Assembly is expected to vote on the measure imminently. Further information on this effort is available here.

    Presently, in eight states — California, Colorado, Connecticut, Maine, Massachusetts, Nebraska, New York, and Oregon — the private, non-medical possession of marijuana by an adult is defined under the law 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 law imposes no criminal or civil penalty for the private possession of small amounts of marijuana by adults.

    In all other states, marijuana possession for personal use remains a criminal offense — punishable by an arrest, potential incarceration, and a criminal record.