Pubdate: Fri, 12 Sep 2014
Source: New York Times (NY)
Copyright: 2014 The New York Times Company
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Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Trip Gabriel

PHILADELPHIA NEARS DEAL TO EASE MARIJUANA LAWS

People in Philadelphia caught with small amounts of marijuana or 
smoking it in public may soon face no more than a written citation 
and a modest fine as the City Council moved Thursday to decriminalize 
the drug after a reversal by Mayor Michael A. Nutter.

The mayor, who had scoffed at arguments that black men are unfairly 
targeted in arrests involving marijuana, announced his support of 
decriminalization this week. He had declined to sign a bill the 
Council passed in June, saying it needed more study.

Under the measure, which if approved would be effective Oct. 20, 
people stopped with less than 30 grams of marijuana, about one ounce, 
will be fined $25, and those caught using it in public will be fined 
$100 or be required to perform up to nine hours of community service.

In neither situation will violators be arrested, taken to police 
stations, fingerprinted or left with a criminal record - all of which 
stigmatize small-time users, making it harder to find and keep jobs 
or attend college, advocates of decriminalization say.

Of the more than 4,000 arrests in Philadelphia each year for 
possessing small amounts of marijuana, 83 percent are of blacks or 
Latinos, said James F. Kenney, a City Council member who sponsored 
the decriminalization bill.

"It follows you," he said. "If you're young, black and trying to find 
a job in this economy, it's very difficult. With a criminal arrest, 
it's impossible. On top of that, you're not eligible for college 
financial aid and you can't go into the military."

Mr. Kenney said nearly three out of four of those arrested have no 
previous police record. Moreover, he said, possession is already 
effectively decriminalized for white residents, whom the police 
rarely target. "There are no arrests at Phish concerts or fraternity 
parties," he said.

In August, Mr. Nutter, who is African-American, called that argument 
"a bogus issue" and an "insult to the community." He denied that the 
police discriminate against blacks. Arrest rates on marijuana charges 
are higher for blacks because, the mayor said, there is more police 
"engagement" in black communities, where most of the city's shootings 
and homicides take place. Blacks, like whites, want safe 
neighborhoods without "knuckleheads" smoking marijuana on the corner, 
the mayor said.

On Wednesday, in an appearance with Mr. Kenney, who is white, the 
mayor said he would support an amended version of the bill that 
included a separate civil offense for marijuana use in public. In 
cases of possession or use, police officers will write a notice of 
violation and confiscate the marijuana.

"We want to ensure that the punishment for using or possessing small 
amounts of marijuana is commensurate with the severity of the crime, 
while giving police officers the tools they need to protect the 
health and well-being of all Philadelphians," Mr. Nutter said.

An amended version of the original bill was introduced in the Council 
on Thursday, with a vote scheduled for next week. The mayor has said 
he will sign it.

The District of Columbia and 17 states have decriminalized possession 
of small amounts of marijuana for personal use, according to Norml, 
which advocates legalizing the drug. Colorado and Washington State 
this year became the first states to allow the sale and use of 
recreational marijuana.

Under Pennsylvania law, possession of small amounts or public use of 
marijuana is still subject to arrest and heavy fines. A spokesman for 
the State Police said the agency would enforce the state statute 
along portions of Interstate highways it patrols in the Philadelphia 
limits. "As far as our department is concerned, it's not going to 
change anything for us," said the spokesman, Trooper Adam Reed.
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MAP posted-by: Jay Bergstrom