Pubdate: Mon, 07 Apr 2014
Source: Washington Times (DC)
Page: A12
Copyright: 2014 The Washington Times, LLC.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Nick Tabor, Associated Press
Note: Associated Press writer Brian Witte contributed to this report

HOUSE OKS POT DECRIMINALIZATION; SENATE VOTE AWAITS

Possessing Small Amounts Would Be Legal

ANNAPOLIS (AP) - A bill to decriminalize possession of small amounts
of marijuana is set to go back before the state Senate on Monday after
it was passed by the House of Delegates.

The House voted 78-55 on Saturday for the bill, which would eliminate
criminal charges for possessing less than 10 grams - or about
one-third of an ounce.

The Senate has already approved a similar measure, but changes made by
the House will require Senate approval to pass the bill before the
legislative session ends at midnight Monday.

The Senate had proposed a maximum penalty of $100. The House bill
raises the penalties to $250 for a second offense and $500 for a third
offense.

The House bill also requires certain offenders - those under 21, and
those caught with the drug three times or more - to be evaluated for
treatment.

Nina Smith, a spokeswoman for Gov. Martin O'Malley, said the
Democratic governor will review the bill if it passes the General Assembly.

"He's considering it," Ms. Smith said after the House vote Saturday
night.

The House Judiciary Committee voted earlier this week to halt the
measure and merely assign a task force to study decriminalization
policies. But the Legislative Black Caucus made a push Friday to bring
the full decriminalization bill to a House vote, and the committee
approved a compromised version Saturday morning.

In the afternoon, Republicans introduced several amendments to soften
the changes to marijuana laws. One amendment would have required a
public service campaign, highlighting the dangers of smoking
marijuana. Another would have kept it a criminal offense to smoke pot
in public.

Democrats said these changes were unnecessary. Not a single Republican
amendment made it through.

"We don't have to notify the public that they're not supposed to use
marijuana," said Delegate Kathleen M. Dumais, Montgomery Democrat.
"It's still not legal."

Much of Saturday's debate focused on whether decriminalization will
encourage teens to smoke pot. Delegate Michael A. McDermott, Worcester
Republican, worked himself to a fever pitch decrying the bill.

"It's a vote to say, 'You know what, kid? It's OK,' " Mr. McDermott
said, his voice rising to a yell. "It's to turn your back on the problem."

Delegate Michael D. Smigiel Sr., Cecil Republican, countered that the
bill gives teens a better second chance when they're caught with marijuana.

"We don't call our children who make mistakes criminals," he
said.

Ms. Dumais said the proper way of responding to drug abuse is to
encourage treatment, rather than imposing jail time.

Mr. McDermott also said that the bill had been written too hastily,
which created inconsistencies with existing law. For instance, under
the bill, it would remain a criminal offense to possess marijuana
paraphernalia, such as rolling papers or even a bag to carry it in.

Delegate Doyle L. Niemann, Prince George's Democrat, said passing the
bill would force further conversations about the improvements it needs.

Arguments in support of the bill tended to focus on racial disparities
in drug law enforcement. The American Civil Liberties Union found last
year that black people in Baltimore are 5.6 times more likely than the
city's white residents to be arrested for marijuana possession.

Mr. Niemann said existing law punishes people who are "unfortunate
enough to get caught."

Ultimately 75 Democrats voted for decriminalization, and 20 voted
against it. Among Republicans, 3 were in favor and 35 opposed.

If Mr. O'Malley signs the bill, it will take effect Oct.1.

Associated Press writer Brian Witte contributed to this report 
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