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Pennsylvania Lawmakers To Vote on Marijuana Decriminalization

A bill that would decriminalize the possession of small amounts of marijuana could advance in the Pennsylvania legislature the week of Oct. 8, 2018.

The House Judiciary Committee was scheduled to take up the bill Oct. 9, 2018. It was filed by Republican state Rep. Barry Jozwiak, a former state trooper and Berks County sheriff. The legislation seeks to make possession of less than 30 grams of cannabis a summary offense punishable by up to a $300 fine and no jail time for first- and second-time offenders.

Though simple possession is already effectively decriminalized in several Pennsylvania jurisdictions, including Philadelphia and Pittsburgh, state law considers the offense a third-degree misdemeanor that carries penalties of up to a $500 fine, up to 30 days of jail time, and a driver’s license suspension.

“Downgrading this offense from a misdemeanor to a summary offense would have a positive effect on local law enforcement efforts, allowing police and prosecutors to focus their time and resources on more serious offenses,” Jozwiak wrote in a co-sponsorship memorandum in February 2017:

“As a former law enforcement officer, I strongly believe in cracking down on drug dealers and those who prey on the young or weak with drugs. But those defendants are addressed elsewhere in the Controlled Substances Act. For individuals who merely possess small amounts of marijuana, I believe this adjusted grading makes sense.”

A prior version of the bill was introduced in 2015, but it did not receive a committee vote. And while marijuana reform advocates are supportive of efforts to eliminate criminal punishments for cannabis offenses, some view Jozwiak’s bill as a red herring.

“Reducing the misdemeanor level offense to a non-traffic summary citation will keep thousands out of the criminal justice system and will help to alleviate the disparity in cannabis enforcement,” Patrick Nightingale, executive director of the Pittsburgh chapter of the National Organization for the Reform of Marijuana Laws (NORML), told Marijuana Moment. “We cannot, however, support legislation that will nonetheless continue to expose Pennsylvanians to criminal prosecution.”

Nightingale added: “HB 928 would escalate to a misdemeanor if the individual has two prior summary convictions for cannabis possession. An amendment would also criminalize mere possession in a motor vehicle. We believe this will continue to incentivize law enforcement to harass cannabis consumers. We also believe this is yet another attempt to control cannabis consumption through with threats of criminal prosecution which has proven to be an abysmal failure.”

Under Jozwiak’s bill, a third marijuana possession offense would be considered a third-degree misdemeanor, punishable by a $1,000 fine and no jail time. The individual’s third possession offense would lead to a driver’s license suspension, but that suspension would expire after six months.

Nightingale and other advocates have their sights set on more far-reaching proposed marijuana reforms.

A Franklin and Marshall College College Poll published September 2017 found that a majority of Pennsylvania voters, 59 percent, back full marijuana legalization. But political leadership on the issue has been lacking in the Keystone State, leaving a void for reform that either party could theoretically occupy.

Democratic Gov. Tom Wolf is a supporter of the state’s medical cannabis program, which he signed into law, but said as recently as Oct. 8, 2018, that he’s not ready back a bill to legalize marijuana for adult-use and wants to continue to observe other legal states before enacting such a program in Pennsylvania.

Wolf does, however, favor decriminalizing marijuana. And his running mate for lieutenant governor, Braddock Mayor John Fetterman, supports outright legalization.

Meanwhile, the state House and Senate is GOP-run. Though there’s modest support for basic reform efforts such as decriminalization, Republican House Speaker Mike Turzai has represented a consistent roadblock on the path to legalization. He was reportedly brought to tears at a closed-door caucus meeting about a prospective medical marijuana program in 2015.

If the Jozwiak decriminalization bill makes it out of the Judiciary Committee on Oct. 9, 2018, it’s unclear if or when it would be scheduled for floor action.

Opinions about legalization notwithstanding, there’s considerable support for marijuana reform across the United States. Pennsylvania is no exception, and it’s increasingly apparent that lawmakers on both side of the aisle who align themselves with moves to change cannabis laws are likely to find supportive constituents.


This article is republished from Marijuana Movement under a content syndication agreement. Read the original article here.

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