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.

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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.
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MAP posted-by: Jay Bergstrom