Delaware State Rep. Helene Keeley (D-Wilmington South) introduced a bill hat would remove criminal penalties and potential jail time for possession of a small amount of marijuana . Instead, offenders would receive a civil fine similar to a traffic ticket.
The bill was announced by the Marijuana Policy Project, a group seeking to decrimininalize possession of small amounts of marijuana.
HB 39 would make possession of up to one ounce of marijuana a civil violation punishable by a $100 fine with no possibility of jail. Under current Delaware law, possession of up to one ounce of marijuana is a misdemeanor punishable by up to a $575 fine and up to three months in jail.
“This is commonsense legislation that is long overdue in Delaware,” Keeley said. “People should not face jail time and other serious consequences of a criminal conviction just for possessing a small amount of marijuana. The punishment should fit the crime, not cause more harm than the crime.”
According to the group, African Americans are three times more likely than whites to be arrested for marijuana possession despite using marijuana at similar rates, according to a 2013 report compiled by the American Civil Liberties Union.
This also tracks with findings nationwide on African Americans being more likely to be subject to police stops and searches.
“Our current marijuana possession law is unfair, and it is being unfairly applied,” Keeley said. “The vast majority of Delaware voters think it’s time for a more sensible policy. I hope my colleagues will agree.”
“Criminalizing people for marijuana possession is not a popular idea,” said Robert Capecchi, deputy director of state policies for the Marijuana Policy Project. “This is a substance that is proven to be far less harmful than alcohol. It is irrational to put someone in jail or saddle them with a criminal record simply for possessing it.”
Nineteen states and the District of Columbia have adopted laws removing the threat of jail time for possession of marijuana, including Alaska, Colorado, Oregon, and Washington, where voters have approved measures making marijuana legal for adults 21 and older.
Delaware now has medical marijuana in a limited form. Passage of the bill is clouded by a General Assembly that is heavily represented by former law enforcement officials.
The bill would not affect current legislation on driving under the influence, growing marijuana or carrying larger amounts.
According to the release from the marijuana policy group, more than two-thirds of Delaware voters support removing criminal penalties for marijuana possession and making the matter a civil offense, according to a statewide survey conducted in March by Public Policy Polling. Only 26 percent said they were opposed.
Full results are available at http://www.mpp.org/DEpoll.
