Pubdate: Thu, 01 May 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
Page: 8

WEED BILL WOULD LESSEN PENALTIES

Small Amounts a Civil Infraction

TAKING HIS WEED wishes a step further, Councilman Jim Kenney is 
introducing a bill today that would make possession of small amounts 
of marijuana a simple civil infraction - not a criminal one.

Kenney already wants to end mandatory custodial arrests for small 
amounts of marijuana, or "SAM," but this new bill would give police 
the discretion to arrest "bad actors" or simply issue a ticket 
carrying a $25 fine.

"Philadelphia is in the dark ages when it comes to marijuana laws and 
enforcement," he said.

"With the passage of this legislation, Philadelphia will do its part 
to end the failed war on drugs by treating nonviolent, minor drug use 
as a public-health issue, not a criminal one."

The measure, Kenney said, does not contradict state law because there 
is nothing in the Pennsylvania Code's controlled-substance act that 
pre-empts or prohibits a local ordinance from dealing with the same 
issue. His bill would run concurrent to state law, only giving police 
the discretion to arrest if necessary or issue a citation.

In major metropolitan areas like Chicago and Washington, D.C., such 
provisions already exist, where police issue a civil-violation ticket 
for puny pot possessors, either on the spot or through the mail. 
Kenney said cops do have the option to arrest badly behaving 
lawbreakers when the circumstances warrant it. Kenney said the goal 
of his legislation is to keep jail cells empty of small-time crooks 
and keep police on the street, where he says they are most needed.

"With over 4,200 [marijuana] arrests in 2012, and an average of two 
to three police hours per arrest, this measure will save an estimated 
17,000 police hours on an annual basis," he said.

Fine proceeds, according to Kenney's office, would go to youth 
drug-prevention programs run by the Health Department.
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MAP posted-by: Jay Bergstrom