Pubdate: Tue, 11 Mar 2014
Source: Philadelphia Daily News (PA)
Copyright: 2014 Philadelphia Newspapers Inc.
Contact: http://www.philly.com/dailynews/about/feedback/
Website: http://www.philly.com/dailynews/
Details: http://www.mapinc.org/media/339
Author: Jenny DeHuff

CLOSER TO POT ACTIVISTS' PIPE DREAM?

IT'S LOOKING less and less like a bill regulating small amounts of 
marijuana will be going up in smoke.

City Council's Committee on Law and Government passed a bill 
yesterday that could end mandatory custodial arrests for possession 
of a small amount of pot.

The subject has garnered interest from people who say Philadelphia 
wastes countless hours arresting and processing smalltime offenders 
when the city's law enforcers have bigger fish to fry.

Aaron Fleming, a Temple University student, testified before the 
committee that he was held for more than 14 hours for a first-time 
offense of marijuana possession after being stopped on campus by police.

Fleming said his arresting officer had to call for four additional 
officers for backup. But when the backup arrived, they debated among 
one another for more than an hour as to what to do with Fleming - 
arrest him or tell him to dump the weed and go home.

"What benefit did society gain for punishing someone without any 
prior history of violence or criminal activity over this?" he asked.

Under the district attorney's current Small Amounts of Marijuana 
program, individuals can be arrested for possessing 30 grams or less, 
although the charge is a summary offense.

By contrast, in Montgomery County, violators are issued summonses and 
fined, whereas Philadelphia law requires a mandatory arrest in every case.

Sponsored by Councilman Jim Kenney, the bill now goes before the full 
Council on Thursday for consideration.

"We all agree that the number of hours police are taking over this 
could be better spent fighting crime," Kenney said.

Representatives from both the Police Department and the Nutter 
administration expressed support for Kenney's bill, although some 
ambiguity came from the District Attorney's Office. Asked yesterday 
if he favored the legislation, District Attorney Seth Williams issued 
a statement saying:

"I appreciate Councilman Kenney's efforts to change the process by 
which cases against those possessing small amounts of marijuana are 
initiated. I look forward to working with Councilman Kenney to ensure 
his proposal can be implemented in a manner that conforms with 
existing state law."
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