Legislative Chambers Move Measures To Decriminalize Marijuana In Hawaii, Maryland, New Hampshire, and New Jersey
WASHINGTON, DC — Legislative chambers in four states — Hawaii, Maryland, New Hampshire, and New Jersey — have passed measures to reclassify minor marijuana offenses as non-criminal violations, punishable by a fine only — no arrest, no jail, and no criminal record.
In Hawaii, Senate lawmakers this month unanimously passed Senate Bill 472, which reclassifies marijuana possession offenses from a criminal misdemeanor (punishable by up to 30 days in jail and a $1,000 fine) to an infraction.
On Thursday, March 14, members of the House Judiciary Committee voted in favor of a revised version of this proposal (SB 472, HD1). This revised version caps fine-only penalties at no more than $100 for violations by those age 18 or older involving 20 grams or less of cannabis.
Senate Bill 472 now before the House Finance Committee, where it has yet to be scheduled for a hearing. If passed by the House Finance Committee, the measure would still need to be voted by the full House and then it would return to the Senate before going to the Governor’s desk.
This is the first time in recent memory that a chamber of the Maryland legislature has voted to significantly reduce penalties for the non-medical use of cannabis.
Presently, the possession of ten grams of cannabis or less is classified as a criminal misdemeanor,publishable by up to 90 days in jail and a $500 fine. Senate Bill 297 makes minor marijuana offenses a fine-only, non-criminal infraction, punishable by a maximum fine of $100.
Members of the House Judiciary Committee will hear SB 297 on Thursday, March 28, at 1pm.
Under present law, the possession of any amount of cannabis is classified as a criminal misdemeanor publishable by up to one-year in jail and a $2,000 fine. This proposal seeks to make minor marijuana offenses (up to one-quarter of one ounce) a fine-only, non-criminal infraction.
The vote marks the fourth time in five years that House lawmakers have approved decriminalizing cannabis. More than 50 additional House lawmakers approved the measure this year as opposed to last year.
Nevertheless, this measure is anticipated to face resistance in the Senate as well as from newly elected Gov. Maggie Hassan.
In New Jersey, Assembly Bill 1465, which reduces penalties for the adult possession of up to 15 grams or less of marijuana to a fine-only, non-criminal violation was approved last year by the New Jersey Assembly and awaits action by the Senate. Separate Senate Legislation, Senate Bill 1977, to decriminalize up to 50 grams of marijuana also remains pending.
Under present state law, the possessing of up to 50 grams marijuana is punishable by up to 6 months incarceration, a $1,000 fine, and a criminal record.
According to survey data compiled in 2011 by Rutgers University, a majority of New Jersey voters support reforming the state’s criminal marijuana laws. Pollsters found that 6 out of 10 voters favored removing criminal penalties for first-time marijuana possession offenders and replacing them with the imposition of a civil fine.
Just over half thought there should be no penalties at all.
To date, fifteen states have reduced marijuana possession to a fine-only offense.
In nine of these states — California, Colorado, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, and Rhode Island (beginning April 1, 2013) — the law defines the private, non-medical possession of marijuana by adults as a civil, non-criminal offense.
Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense. Alaska imposes no criminal or civil penalty for the private possession of small amounts of marijuana, while Colorado and Washington recently imposed separate legislation legalizing the private possession of marijuana.
Several additional states, including Missouri and Vermont, are considering similar decriminalization measures. Nearly a dozen states are also considering legislation to legalize the adult consumption of marijuana and regulate its retail production and sale. A summary of state-by-state pending marijuana law reform measures is available from NORML’s ‘Take Action Center’ here.