Philadelphia: City Saves Millions By Ceasing Criminal Marijuana Prosecutions

The city of Philadelphia saved an estimated $2 million last year by ceasing criminal prosecutions for minor marijuana offenses, according to comments made last week by District Attorney Seth Williams to the Philadelphia Daily News.

In April 2010, Williams publicly announced a citywide policy change whereby law enforcement officials would issue a summons rather than arrest and criminally prosecute minor marijuana offenders. Philadelphia NORML had actively lobbied for the policy change after finding that the city punished minor marijuana violations more severely than many neighboring counties. A February 2010 Philly NORML report also found significant racial disparities in the city’s marijuana prosecutions – noting that African American males comprised an estimated 83 percent of all persons in Philadelphia arrested for minor marijuana possession offenses.

The new enforcement policy took effect in June 2010.

Approximately 4,160 defendants were diverted under the program, called the Small Amount of Marijuana (SAM), during its first year, the Philadelphia Daily News reported. Defendants in the program pay a $200 fine to attend a three-hour drug awareness class. Those who complete the class and pay the fine do not have to appear in criminal court and will not have a criminal record.

Previously, minor (under 30 grams) marijuana possession offenders in Philadelphia were criminally prosecuted with a misdemeanor offense punishable by up to 30 days probation or jail time, a $500 fine, and a criminal record.

“There’s no reason to waste tax dollars on harsh prohibition enforcement,” said Chris Goldstein, media coordinator for Philly NORML and publisher of FreedomIsGreen.com. “Removing the criminal penalties for marijuana possession helps to pay for firefighters, ambulances, and other necessary services. It’s that simple.”

Additional information on this story will appear in this week’s NORML media advisory. Sign up to receive NORML’s news advisories free online here.

NORML Update: Cannabis and Canvas at the Women’s Alliance Art Auction

Philadelphia, PA – On Saturday, March 26th, Friends of the NORML Women’s Alliance descended upon the city of brotherly love to host an art auction organized by Diane Fornbacher, NORML Women’s Alliance Vice-Chair.  The event, sponsored by Greenable Green Building Supply and Design Center of Philadelphia, took place at the Kevin Loreaux Photography Studio.

The auction featured the work of several tri-state artists who showcased a diverse range of creative material, including pastels, whimsical portraits, sculpture, photography, ink drawings, and more.  The event was a great success that raised over $1000.  The funds will go towards a women’s networking luncheon taking place at the NORML National Conference on April 22nd in Denver, CO*.

The event is featured on the newest installment of NORML Update, which is streaming now on NORMLtv. Subscribe to NORMLtv and follow us on twitter for announcements regarding future ‘NORML Update’ episodes and how you can have your group featured.

*If you would like to be a sponsor of the women’s networking luncheon, please contact sabrina@norml.org.

The NORML Women’s Alliance would like to thank the following people who made this benefit possible:

Diane Fornbacher
Karina Ambartsoumian
Mary Kathleen Giannon
Meredith Avakian
Kevin Clough
DJ Tony Montagnaro
Kevin Loreaux
Martine DeCamp
Casona Cuban Restaurant
Treehouse Coffee Shop Audubon NJ
Ever So Sweet Chocolates by Sheila

Cincinnati City Council To Suspend Marijuana Recriminalization Law

Cincinnati City Council members are expected to vote 5 to 4 on a 2011 budget plan that repeals the city’s four-year-old marijuana recriminalization law. Council members’ decision to suspend the law is one of several cost-cutting measures that will be enacted in the new budget.

Under Ohio state law, the possession of up to 100 grams of marijuana (approximately three ounces) is classified as a ‘minor misdemeanor’ punishable by a $150 fine and no criminal record. However, in 2006, Cincinnati council members enacted a separate citywide marijuana ordinance making minor marijuana possession offenses punishable by up to 30 days in jail, a $250 fine, and a criminal record. Statistics released shortly after the law’s passage reported that the ordinance failed to reduce criminal activity and drug tourism within the city, but did significantly increase local law enforcement costs. Nonetheless, council members voted 7 to 2 in 2007 to make the municipal ordinance indefinite.

By repealing the ordinance, local police and prosecutors will once again have to apply the state law to defendants found to be in possession of marijuana within the city limits.

The Cincinnati City Council is expected to finalize the vote on Thursday, the Cincinnati Enquirer reports.

In recent months, the cities of New Orleans and Philadelphia have enacted municipal proposals reducing minor marijuana offenses from criminal misdemeanors to summary (non-arrestable) offenses. In California, legislation reclassifying the possession of up to one ounce of cannabis from a criminal misdemeanor to a civil infraction became law on Saturday.

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** Remember: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and make the changes they want to see. We can’t do it without you.

Washington: Democrat Gov. Christine Gregoire signed legislation into law last week that expands the state’s nearly twelve-year-old medical marijuana law. Senate Bill 5798 allows additional health care professionals including naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners to legally recommend marijuana therapy to their patients. Presently, only licensed physicians may legally recommend medicinal cannabis.

Washington is the first state to codify these recommendation rights into law. Senate Bill 5798 takes effect on June 10, 2010.

Maine: State lawmakers approved legislation this week establishing guidelines for the establishment of state-authorized medical marijuana distribution facilities. As approved by the legislature, LD 1811 authorizes the creation of up to eight nonprofit medical cannabis dispensaries – one for each of the state’s public health districts. Under the measure, dispensaries may legally “acquire, possess, cultivate, manufacture, deliver, transfer, transport, sell, supply or dispenses marijuana or related supplies and educational materials” to state-authorized medical marijuana patients.

Patients and/or their caregivers will still be allowed to cultivate their own medical cannabis under state law. However, patients will now be required to join a confidential state registry in order to be able to legally possess and grow marijuana for medicinal purposes. The Maine Department of Health and Human Services will oversee the new medical marijuana programs.

Last November, voters approved Question 5, the Maine Marijuana Medical Act, which amends existing state law by: establishing a confidential patient registry; expanding the list of qualifying conditions for which a physician may recommend medicinal cannabis; and by allowing for the creation of state-licensed nonprofit dispensaries. In 1999, 61 percent of state voters approved the physician-supervised use of medical marijuana. However, the law did not establish a state identification registry for qualified patients, nor did it address regulating the distribution of medical marijuana.

Democrat Gov. John Baldacci is anticipated to sign the dispensary measure into law imminently.

Ohio: House lawmakers this week introduced House Bill 478, the Ohio Medical Compassion Act. The act would allow state-authorized patients to possess and cultivate cannabis for therapeutic purposes. The bill allows for authorized patients or their designated caregivers to cultivate medical marijuana, but only at designated registered sites. Patients are allowed to possess up to 200 grams of usable cannabis (about six ounces) or 12 mature plants under this proposal. To support this measure, visit the Ohio Patient’s Network or NORML’s ‘Take Action’ Center here.

Pennsylvania: Minor marijuana possession offenses in the city of Philadelphia will be no longer be prosecuted as criminal misdemeanors, according to a policy change announced this week by new District Attorney Seth Williams. Philadelphia NORML had been lobbying for the policy change after publishing a report which found that African American males comprised an estimated 83 percent of all persons in Philadelphia arrested for minor marijuana possession offenses.

Under the new policy, which is anticipated to take effect later this month, prosecutors will charge minor marijuana possession (defined as 30 grams or less) as ‘summary offenses’ rather than criminal misdemeanors. Defendants will be required to pay a fine, but will not face incarceration or receive a criminal record. Under the previous District Attorney, the city criminally prosecuted some 3,000 minor marijuana possession cases per year.

You can read further details regarding this policy change here, here, and here.

To learn about pending legislation in additional states — and how you can get involved, please visit NORML’s ‘Take Action’ Center here.

Philadelphia could save $3 million annually by ending marijuana mug shots

(PhillyNORML: Chris Goldstein & Derek Rosenzweig) Philadelphia could save more than $3,000,000 annually by not taking pot smokers in for mugshots.

Minor marijuana possession arrests in Philadelphia are handled with mandatory custody; this is a different process than every other county in Pennsylvania costing the city millions of dollars. A disproportionate number of citizens (84%) arrested for marijuana possession in the city are black.

Research by PhillyNORML this year has uncovered these two disturbing trends that present serious challenges to the city. But in a sign of a pragmatic shift in attitudes, city officials have held an ongoing dialogue with reform advocates to proactively address these concerns.

In March of 2009 the Philadelphia chapter of the National Organization for the Reform of Marijuana Laws performed their annual observation of the Pennsylvania Uniform Crime Report data for the marijuana arrest numbers. At the same time, the city was beginning to face a heartbreaking economic plight that pitted police jobs against a lack of Public Safety Budget funds.

Data indicates that 4,716 adults were arrested in 2008 on the singular criminal misdemeanor charge of marijuana possession less than 30 grams. In Philadelphia such arrests are required to be custodial. For even a single cannabis joint this means an offender must be handcuffed, transported to a holding cell, photographed and perhaps make bail before release. In every other county in Pennsylvania there is no mandate for the custodial arrest of citizens found with small amounts of marijuana. Instead, summary violations are issued along with a date to appear in court.

PhillyNORML is a sterling example of how ordinary cannabis consumers can band together under the NORML banner and affect real change at the local level. Reformers at the national level don’t have the on-the-ground knowledge of local politics like everyday citizens living in cities like Philadelphia. Local reformers can better cultivate personal relationships with mayors, city councils, and all their staff, as well as integrate with groups as disparate as unions and libertarian groups, parents and police, and churches and universities.

If you’re sitting around wondering when they are going to legalize pot, you’re part of the problem. YOU have to legalize pot. You and your like-minded pot smokers, cannabis consumers, medical marijuana patients, and lovers of liberty, peaceably assembled to exercise your free speech and to petition your government for a redress of grievances… there’s nothing more American than being NORML.