Pubdate: Thu, 19 Jun 2014
Source: News Journal, The (Wilmington, DE)
Contact: http://drugsense.org/url/1c6Xgdq3
Copyright: 2014 The News Journal
Website: http://www.delawareonline.com/
Details: http://www.mapinc.org/media/822
Author: Jonathan Starkey

SOFTER MARIJUANA PENALTIES ADVANCE IN HOUSE

DOVER -- A state House committee gave approval Wednesday to amended 
legislation that would decriminalize possession of small amounts of marijuana.

The legislation, sponsored by Rep. Helene Keeley, a Wilmington 
Democrat, would replace criminal penalties with $250 civil fines for 
anyone 21 or older in Delaware found possessing an ounce or less of 
marijuana for personal use. Fines double if unpaid after 90 days. The 
marijuana also would be turned over to police.

Anyone under 21 would face unclassified misdemeanor charges under the 
substitute bill, which replaces legislation that would have legalized 
possession of up to an ounce of marijuana for personal use. Parents 
of minors would be notified of an offense. But none of the charges 
would be entered into the criminal history database.

The legislation heads to the full House for consideration with just 
over a week left in the current legislative session. Nineteen members 
of the General Assembly, all Democrats, are backing the legislation.

Keeley said in committee testimony that it's not appropriate to 
saddle Delawareans with criminal charges, which could prevent them 
from finding a job, for possessing small amounts of marijuana. Buying 
and selling the drug would remain illegal under her proposal.

"The main reason I'm doing this is day in and day out, I see folks 
who are applying for positions and they are denied employment based 
upon something they did many years ago," Keeley said.

Under current Delaware law, possession of even small amounts of 
marijuana is prosecuted as a misdemeanor, punishable by fines of up 
to $1,150 and up to six months in jail.

In 2013, law enforcement made 2,632 arrests for petty marijuana 
possession, charged as an unclassified misdemeanor, including 298 
charges involving juveniles, according to an analysis performed by 
the Criminal Justice Council's Statistical Analysis Center.

Nine of those charges resulted in jail sentences; 102 charges 
resulted in probation.

Delaware State Police are opposing the legislation.

Marijuana advocates, including a representative from the Marijuana 
Policy Project, testified in favor of the measure on Wednesday.

"Cannabis prohibition is as problematic as alcohol prohibition," said 
Zoe Patchell, legislative correspondent for Delaware NORML, adding 
that marijuana penalties improperly divert criminal justice resources 
and arrest records can prevent young people from obtaining financial 
aid for college. Criminal penalties also are "not preventing teens or 
anyone else from obtaining cannabis."

The marijuana proposal comes after a March poll showed more than 
two-thirds of Delawareans supported the removal of criminal penalties 
for possessing an ounce or less of marijuana. Nineteen other states, 
including Maryland, have decriminalized possession of small amounts 
of marijuana. Gov. Jack Markell has said he is open to discussion on 
marijuana decriminalization.
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MAP posted-by: Jay Bergstrom