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. About Time says:

      This is the snow ball coming down the hill…an also Florida campaign for medical marijuana gets financial backers

    2. Meliorum says:

      … and the walls came tumbling down.

    3. claygooding says:

      The million hours covers the time spent when they found drugs during the stop and frisks but does not factor in searches done where no drugs were found,,would be many more man hours involved.

      This criminal racially applied policy will disappear when the federal government quits paying bounty money for marijuana arrests,,simplest solution is decriminalization where no arrest is involved,,when the bounty money disappears so will a lot of the support for marijuana prohibition by law enforcement unions.leaders and District Attorneys.

    4. Victor says:

      One step at a time, baby.

    5. Cat Cassie says:

      Can you believe it? This is just sooo sweet!! There are still a lot of dinosaurs standing in the way but when the snowball express gets rolling they had better get out of the way or find another job.

    6. MpR says:

      I am in support of country wide full legalization. Can’t see how they made it illegal in the first place. But honestly, those who use will continue weather THEY say I can or not. I am a free person and will chose to use what I want as long as I am not hurting anyone else.

    7. B says:

      I have 5 kids but was caught with a 5 inch seedling 11 years ago. College educated and a vet but haven’t worked since 2004. I hope all the walls come down.

    8. Jim Walrod says:

      Need help in Michigan. Medical marijuana law under assault by anti-cannabis GOP administration, Attorney General and legislature. Rally on April 9 at the state Capitol, in Lansing, MI. 12-3 PM. PLEASE SPREAD THE WORD.

    9. Fireweeed says:

      No, I don’t agree with “decriminalization.” It still sends the message that there is something inherently wrong with smoking marijuana, and still subjects the individual to job loss, possible loss of professional license, removal of children from said home, etc. There is nothing wrong with the responsible use of marijuana for adults, nothing short of full federal legalization will suffice. I should have the right to smoke in the privacy of my own home, or otherwise established places, go to a licensed dealer and pay a fair price including taxes for my choice of cannabis strains, and know the contents of my purchase are on some level safeguarded from harmful substances. /And be open about this with family and friends and associates.

    10. AudioSouth says:

      Thank God. I would love to be able to raise my family in an environment canna-friendly. My mother is having over 30 seizures a week and we have seen many doctors with no help. All they do is give her pharm meds. I know medical cannabis would help her but we live in Alabama.