Pubdate: Sun, 16 Feb 2014
Source: Baltimore Sun (MD)
Copyright: 2014 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Ian Duncan
Page: 4

MARIJUANA DIVERSION PROGRAM NEARLY TRIPLES

City prosecutors have been offering more people charged with marijuana
possession a chance to avoid conviction through community service, and
recently released data shows that defendants are taking the deal at a
rate that has tripled in the course of a year.

Close to 4,500 went into the program, known as "diversion," in 2013 -
up from about 1,400 the year before.

"This is something, frankly, we're very proud about," Baltimore
State's Attorney Gregg L. Bernstein said.

The association that represents Maryland's 24 state's attorneys
recently voted to oppose pushes in Annapolis to decriminalize or
legalize marijuana, but the growing use of diversion programs shows
how city prosecutors are softening their approach.

Defendants accused of possessing a small amount of marijuana are
offered a chance to perform a few hours of community service, and in
return, their cases are put on an inactive docket.

That legal maneuver means that they can later have t he charge
expunged.

Bernstein said last spring that he wanted to expand the program, which
had largely been applied to first-time offenders, offering some
defendants a chance at diversion for second and third offenses.

He said that despite the relatively minor penalties imposed in
Maryland for possessing small amounts of marijuana - having less than
10 grams comes with a maximum 90-day jail term - a criminal conviction
can cause problems for people as they seek jobs and government benefits.

Many other Maryland counties offer first-time defendants similar
opportunities.

But prosecutors in some counties have said they plan to continue
aggressively prosecuting marijuana possession.
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