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PASS PLAN TO SCALE BACK POT PENALTY

The Orlando City Council is scheduled to make an important decision Monday, one that could set the tone of law enforcement for years to come.  A proposal by Orlando Mayor Buddy Dyer to decriminalize possession of a small amount of marijuana in the city is set for final action.

The ordinance passed by a single vote in its first reading on April 18.  If the measure becomes law, it would give city police the authority to write a ticket to someone found with less than 20 grams ( 0.7 ounces ) of marijuana rather than make an arrest.  Several hundred people went to jail last year for just such a violation, and many may have ended up with a criminal record.

Dyer and some city commissioners think there is a more productive way to deal with those offenses.  But the outcome is uncertain because powerful opposition has arisen and one of the prior "yes" votes might not be firm.  City Commissioner Robert Stuart says he is going to seek two amendments to the proposed ordinance if it is to earn his continued support.

First, Stuart wants the fine to be increased from the proposed $50 to $100 for a first offense.  Under that amended version, a second ticket would cost $200, and a third would require a court hearing where the fine could go even higher.

That should be an acceptable compromise.  A larger penalty would reinforce the message that the city is not promoting marijuana use.  And a $100 fine is in line with other jurisdictions that have enacted similar ordinances.

Stuart says his second request will be for the city to come up with a way to give police officers quick access to ordinance-violation records so that they know what kind of ticket to write.  A searchable record of past violations already exists, so creating a new system should not be used as an excuse to delay implementation of the law.

This is no time for city commissioners to waver.  Yes, drug use in the city and county is a serious challenge that arrest and incarceration have failed to deter.  Yet the indelible stain of a criminal record for a minor drug offense only exacerbates the problem by erecting barriers on the path to rehabilitation.

This ordinance is really about appropriate punishment for the good of all segments of society.  Once the debate focuses on that point, then Orlando, and we hope Orange County, can move forward.

Experimentation with marijuana is prevalent among American teens and young adults, according to statistics from drug agencies and researchers.  It does not inevitably lead to addiction or use of more dangerous drugs.  In fact, once people are past their 20s, the percentage using marijuana steadily declines.

So a compassionate city tries to avoid doing irreparable harm to its residents who make a mistake.  Applicants with an arrest record even for a minor, nonviolent offense reduce their chances of a job offer or even an interview by 50 percent, according to a study by Princeton University researchers.

Even more troubling, there is a racial element to the statistics.  "The magnitude of the criminal record penalty suffered by black applicants is roughly double the size of the penalty for whites with a record," the study reported.

Orlando should be helping its residents who stumble pick themselves up and contribute to their families and their communities.  When city commissioners understand the stakes for getting this vote right, their path forward will be clear: Pass the ordinance.

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The Bottom Line

A proposal to allow tickets instead of arrests for small amounts of marijuana in Orlando deserves final approval.

A higher fine and record check are reasonable changes to the original proposal.