Pubdate: Thu, 24 Jan 2008 Source: Telegraph, The (Nashua, NH) Copyright: 2008 Telegraph Publishing Company Contact: http://www.nashuatelegraph.com Details: http://www.mapinc.org/media/885 Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/pot.htm (Cannabis) POT POSSESSION BILL MERITS CONSIDERATION For years, state lawmakers have introduced legislation that would make the possession of marijuana legal in New Hampshire - and each year it has failed. This year, however, there is an attempt to walk a fine line between full-fledged legalization and the current practice of criminalization. As such, we believe it's worthy of thoughtful consideration this year by both the Legislature and the governor. On Tuesday, the House Criminal Justice and Public Safety Committee heard testimony on a bill filed by a Nashua lawmaker that would reduce state penalties for possession of up to 1.25 ounces of marijuana. Currently, possessing any amount of marijuana is a criminal misdemeanor punishable by up to a year in a county jail and fines of up to $2,500. As a matter of practice, individuals convicted of a first offense usually are fined several hundred dollars. The bill (HB 1623) was introduced by freshman Rep. Jeffrey Fontas, a 21-year-old Nashua Democrat who was one of three candidates elected to represent Ward 6 in 2006. One of his co-sponsors is Rep. Andrew Edwards, another 21-year-old freshman Democrat who represents Nashua Wards 5, 8 and 9. This is the latest attempt to either decriminalize or reduce penalties for marijuana in recent years. In 2005, a bill to decriminalize possession of marijuana met with an overwhelming rejection in the House of Representatives (295-60), while last year a similar bill never made it out of the House. If adopted, New Hampshire would become the 13th state in the country to decriminalize the possession of marijuana. Oregon was the first state to do so in 1973 and was followed by Alaska, California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina and Ohio. Nevada was the most recent in 2001. During Tuesday's hearing, supporters argued that a criminal marijuana conviction - particularly for older teens - can make it difficult to obtain a college scholarship, get a job, serve in the military, or qualify later for subsidized housing or welfare. They also reasoned that it would free up police, the courts and the county jails to concentrate and more serious crimes, saving a considerable amount of taxpayers' money in the process. How much money? That's hard to say. The state's Judicial Branch, Judicial Council and New Hampshire Association of Counties anticipated some savings in their financial analysis of the bill, but they didn't have enough data to put a more definitive price tag on it. Conversely, the head of the state police chiefs association and the attorney general's office argued against the bill, saying marijuana use frequently leads to harder drugs and that the legislation was the first step toward making marijuana use legal. One particularly troubling note was sounded by Assistant Attorney General Karin Eckel. She said the bill as written not only would decriminalize the possession of up to 1.25 ounces of marijuana, but the sale of up to that amount as well, even though that didn't appear to be the intent of its sponsors. If true, that should be a deal breaker. We have no interest in supporting this bill if legalizing the sale of marijuana in any amount is part of it. Otherwise, we believe the bill has merit for many of the reasons stated by supporters at the hearing, particularly those that relate to the future ramifications of a criminal record. In the words of Fontas, the bill's sponsor, we agree it represents a "sensible, mild transition" from the state's current policy that essentially treats all marijuana users as criminals. To be clear, our support for this legislation should not be seen in any way as condoning the use of marijuana in any quantity. Possession would still be illegal under state law and those found guilty would be subject to a $200 fine for each offense. We just don't believe, especially for many young people whose lives could be adversely affected by even a single arrest, the punishment fits the crime. - --- KEY POINTS BACKGROUND: The state Legislature is considering a bill that would make possession of up to 1.25 ounces of marijuana a violation instead of a criminal offense. CONCLUSION:We believe the bill deserves serious consideration from both a public policy and a practical perspective. - --- MAP posted-by: Jay Bergstrom