With numerous states facing significant budget shortages, legislators and voters across the country this month have been giving overwhelming support to measures that would reduce the penalty for possession of small amounts of marijuana to a civil fine.
Yesterday in New Hampshire, the state House voted 214-137 to pass H.B. 1653, a bill that would reduce the penalty for possession of up to a quarter-ounce of marijuana with a civil fine of up to $200.
In Hawaii, the state Senate voted 22 to 3 on March 2 to pass SB 2450, a bill that would eliminate criminal penalties for the possession of up to one ounce of marijuana and replace them with a civil fine of up to $300 for a first offense and $500 for a subsequent offense.
And in Vermont, 72% of voters in Montpelier approved a non-binding ordinance asking the state legislature "to pass a bill to replace criminal penalties with a civil fine for adults who possess a small amount of marijuana."
"Taken together, these developments demonstrate how an increasing number of voters and lawmakers across the country no longer support the notion that otherwise law-abiding citizens should be arrested, slapped with a criminal record and possibly thrown behind bars, simply for choosing to use a substance that is safer than alcohol," said Karen O'Keefe, director of state policies for the Marijuana Policy Project. "We know from efforts in other states that decriminalizing the possession of small amounts of marijuana allows police to focus on more serious crimes and also produces a net financial gain through saved law-enforcement costs and the revenue generated by civil fines. Lawmakers everywhere should take heed of these examples, especially in these troubled economic times."
Currently 12 states have laws that reduce the penalties for possession of small amounts of marijuana to a civil fine. A decriminalization bill in Rhode Island is co-sponsored by 48% of House members.
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While "rethinking criminal justice" in New Hampshire, the state should decriminalize possession of less than a quarter-ounce of marijuana, said Stephen Shurtleff, chairman of the state Criminal Justice and Public Safety Committee.
A majority of Shurtleff's committee agreed recently when it voted 18 to 2 to make possession of less than a quarter-ounce of marijuana a violation-level offense and punishable with a fine. The recommendation is expected to go before the House of Representatives in a week or two, he said.
"I never thought I'd vote for a bill to decriminalize marijuana," said Shurtleff, retired from the Concord Police Department and the U.S. Marshals. "But we've come to that time."
It's that time, he said, because the state's corrections budget has doubled over the past decade, largely due to repeat offenders, and the current cost to house one New Hampshire inmate is $33,000 a year.
"It would be cheaper to send them to UNH," he said.
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Gov. John Lynch and a number of other politicians appear to be suffering from reefer madness. No, not the drug-crazed abandon of young marijuana smokers in the 1938 anti-drug film that bombed as propaganda and packed them in as a cult comedy. That was fiction. The symptoms of this modern form of reefer madness are real.
The primary symptom is an inordinate fear of political repercussions for voting in favor of compassion for the people who suffer the torments of diseases like AIDS, cancer and multiple sclerosis. But the public supports legalizing the use of marijuana to alleviate suffering if precautions are taken. The political price of doing the right thing would be small.
Lynch, who vetoed House Bill 648 which legalized medical marijuana, fears that legalization for medical purposes could result in the drug getting into the wrong hands. If poor controls were in place, that could happen. But the law the Legislature passed was tougher than those in use in any of the 14 states that now sanction the use of medical marijuana.
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