Connect with us

Politics

Baltimore Will Stop Prosecuting Marijuana Possession Cases

Published

on

Baltimore’s top prosecutor said on Tuesday that her office will stop pursuing marijuana possession cases and will also move to clear the criminal records of people with prior cannabis convictions dating back to 2011.

“We need to get serious about prioritizing what actually makes us safe, and no one who is serious about public safety can honestly say that spending resources to jail people for marijuana use is a smart way to use our limited time and money,” Baltimore State’s Attorney Marilyn Mosby said in a press release.

The office will still prosecute individuals for felony possession with the intent to distribute marijuana, but first time offenders will be referred to diversion programs instead of being incarcerated. The new policies take effect immediately, Mosby said.

The purpose of the policy changes is to allow law enforcement to prioritize serious crimes while at the same time saving money and resources that would otherwise be spent going after cannabis consumers. In making the announcement, Mosby also highlighted racial disparities in enforcement and said arresting people for possession undermines public trust in police.

In a paper detailing the policy shift, Mosby said “history demonstrates” that “the roots of the disproportionate impact of marijuana criminalization on people of color in the United States can be traced beyond the War on Drugs.”

“A sordid history of marijuana prohibition lies in ethnic and racial bigotry,” she wrote. “While racial disparities are evident when considering the manner in which marijuana laws are enforced, the problem is even more compounded when such enforcement produces no demonstrable public safety benefit.”

“[G]iven the legitimate public safety concerns that do exist in our nation’s cities, when resources are expended to address marijuana possession cases (from docketing to finger printing and general processing of those arrested to the ultimate resolution of charges), those same resources are no longer available to address significant criminal activity. This leaves those communities most affected by serious crime with no punitive, rehabilitative or public safety value gained from the prosecution of marijuana possession cases.”

While Maryland decriminalized certain marijuana offenses in 2014, hundreds are still arrested for simple possession in Baltimore. The racial disparity in those possession cases is stark. According to a recent Baltimore Fishbowl analysis of police data, 1,514 people were arrested for possession in the city from 2015 to 2017, and 96 percent of those individuals were black.

“Decades of arresting and prosecuting people for marijuana possession did not make Baltimore any safer, and it had a dramatically disproportionate impact on communities of color,” Olivia Naugle, legislative coordinator for the Marijuana Policy Project, said in a press release cheering Mosby’s moves. “Countless individuals have been branded with convictions and subjected to life-altering collateral consequences that cause them more harm than marijuana ever could. Unfortunately, this has continued to be the case in Baltimore City even after decriminalization in 2014.”

“While contemporary attitudes and public policy toward marijuana have changed dramatically in the past few years, the enforcement of marijuana laws remains grossly disproportionate in its impact on communities of color,” Mosby wrote in her report. “Moreover, prosecuting marijuana possession has not been shown to significantly improve public safety or public health outcomes in communities, and the resources saved from prosecuting such cases can be redirected to prosecuting drug kingpins and addressing other significant crimes, including crimes of violence.”

“The [Baltimore City State’s Attorney’s Office] understands this and, coupled with the overwhelming evidence showing that the War on Marijuana has only served to further intensify existing racial biases across our country’s criminal justice system without securing any significant net gains, the Baltimore City State’s Attorney stands ready to use her prosecutorial discretion to change how marijuana laws are enforced in Baltimore City and, in so doing, re-balance the justice system one individual, one family, at a time.”

The city attorney is also proposing state legislation that would empower prosecutors to more broadly vacate convictions. Text of the proposed bill, which was obtained by Marijuana Moment, shows that it would allow prosecutors to vacate convictions for offenses that are no longer crimes, for marijuana and paraphernalia possession and for “any other reason justifying release from the judgment, in the interest of fairness and justice.”

Read the text of Mosby’s proposed bill as well as court documents that will be used in order to vacate relevant convictions below:

Baltimore Marijuana Policy … by on Scribd

Mosby is calling on lawmakers and law enforcement officials to throw their support behind the policy changes.

“We need leaders here in Baltimore who are actively working toward a vision of safety that makes all of us more secure in our great city—that can’t happen when we’re focused on marijuana possession cases instead of solving and prosecuting more murders,” she said.

Mayor Catherine Pugh offered tempered support for the aims of the new cannabis plan in a statement, but urged state legislators to address underlying laws.

Police officials, however, said they would continue arresting people for possessing marijuana, even if there would be no follow up by prosecutors.

“Baltimore Police will continue to make arrests for illegal marijuana possession unless and until the state legislature changes the law regarding marijuana possession,” Baltimore Police Commissioner Gary Tuggle said in a statement.

Nonetheless, Mosby joins a growing coalition of chief prosecutors in major cities that are proactively reforming cannabis enforcement policies while lawmakers weigh broader reform measures. In Manhattan and Brooklyn, for example, district attorneys have implemented similar changes to keep low-level marijuana offenders out of the criminal justice system.

Marijuana Use Will No Longer Be Prosecuted In Manhattan

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Beto O’Rourke Proposes Drug War Reparations Funded By Marijuana Taxes

Published

on

Marijuana would not only be legalized under a plan proposed on Thursday by Democratic presidential candidate Beto O’Rourke, but cannabis tax revenue would be used to directly repay formerly incarcerated people through a new “Drug War Justice Grant” program.

Unlike other contenders who have come around to supporting marijuana legalization in just the past couple of years, the former Texas congressman has long called for ending prohibition—and his new plan in many respects goes further than those rolled out by other campaigns.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading

Politics

Support Grows For Marijuana Legalization Bill In Colombia

Published

on

Colombia’s legislature will soon take up a bill to legalize and regulate the production and consumption of marijuana for adults.

The legislation, which is being filed by Sen. Gustavo Bolivar of the opposition Colombia Humana party, seeks to end prohibition as a means of curtailing crime and supporting a public health-focused approach to drug policy.

Bolivar, an author who has written several books centered on drug trafficking, has characterized the bill as being about “regularization, not legalization,” but it would provide for legal sales to adults with restrictions similar to those imposed for tobacco and alcohol. There would be penalties for selling to underage individuals and smoking wouldn’t be permitted in public spaces.

The senator pointed to Uruguay, Canada and states in the U.S. as regulatory models for legalization.

“It has been proven that crime levels are lowered and public health is improved,” he said, according to Colombia Reports.

Sen. Alberto Castilla Salazar of the leftist Polo Democrático party said that his coalition supports the reform measure.

“Colombia must overcome prohibitionism and break the ties of illegal groups with the control of cannabis, so that it is the State that regulates, defines the forms and understands consumption as a public health problem,” he said on Tuesday.

Sen. Julián Gallo Cubillos of the FARC party said his coalition supports the legislation and that it represents “a new way to fight the scourge of drug trafficking.”

The proposal has also garnered the support of former President Juan Manuel Santos, who has been an outspoken advocate for ending the war on drugs. His Liberal party could make or break the legislation depending on where members fall.

While left and center-left lawmakers seem largely united around legalizing marijuana, the issue will likely face resistance from President Ivan Duque, who last year signed a decree banning low-level possession of cannabis and cocaine despite court rulings that such activity is permissible.

As Colombia Reports noted, however, Duque’s far-right Democratic Center party is in the minority.

“We’ll have to see how many senators are left to former president Juan Manuel Santos and see how public opinion receives the idea that marijuana can be consumed in public spaces,” Sen. Paloma Valencia, a member of the president’s party, said.

If the country does opt to pursue a regulated cannabis program, it will join Mexico, where lawmakers are readying legislation to legalize marijuana for adult use following a Supreme Court ruling establishing that a ban on possession and cultivation for personal use is unconstitutional.

Former White House Drug Czar Offers Marijuana Legalization Advice To Mexico

Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading

Politics

Marijuana Offenses Would No Longer Get Immigrants Deported Under New Congressional Bill

Published

on

The fourth highest-ranking Democrat in the House introduced a bill on Wednesday designed to protect immigrants from being deported or denied entry into the U.S. over low-level marijuana offenses.

Assistant Speaker Ben Ray Luján (D-NM) filed the Removing Marijuana from Deportable Offenses Act, which stipulates that “any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.”

It would further allow immigrants who’ve been denied a visa or deported due to cannabis offenses to reapply or have their visa reissued.

In a press release, Luján said that the legislation is necessary in order to combat what he described as the “despicable” weaponization of marijuana against immigrant communities by the Trump administration. According to Human Rights Watch, 34,000 immigrants were deported from 2007 to 2012 for cannabis possession.

“The federal government should not be wasting resources to wreak havoc on immigrant families when there are children held in border camps that are desperate for legal services, hygiene products, and basic humanitarian care,” he said. “Providing care for these children and families should be where the Trump administration devotes its funding – not working as a deportation force.”

“I’m proud to be fighting for this legislation to hold President Trump accountable and defend our immigrant communities from senseless and hateful policies,” he said.

The legislation is identical to a companion bill that Sen. Cory Booker (D-NJ) introduced in June.

“This Administration’s efforts to use marijuana possession as a tool for deportation is misguided and does not make our communities safer,” Booker said. “Limited law enforcement resources should not be wasted on deporting people for something two of the last three presidents have admitted to doing.”

Earlier this year, U.S. Citizenship and Immigration Services issued a memo stating that immigrants are ineligible for citizenship if they use marijuana or engage in cannabis-related activities, including employment in a state-legal cannabis business, because such activity is not consistent with “good moral character.”

So far, the House version has 21 cosponsors, including Reps. Earl Blumenauer (D-OR), Lou Correa (D-CA), Barbara Lee (D-CA), Jim McGovern (D-MA), Eric Swalwell (D-CA), Dina Titus (D-NV), Nydia Velázquez (D-NY), and Bonnie Watson Coleman (D-NJ).

“We’re the closest that we have ever been to ending marijuana prohibition across the United States; it’s vital that individuals and communities that continue to bear the brunt of prohibition do not get left behind—that includes noncitizens,” Queen Adesuyi, policy coordinator for Drug Policy Alliance, said. “Marijuana has been one of the leading causes for deportation, destroying the lives of countless individuals and families over a substance that is now the center of an industry bringing in billions in profits.”

FWD.us President Todd Schulte called the proposal “commonsense legislation that will help keep families together and ensure taxpayer dollars aren’t wasted on cruelly deporting individuals with low-level offenses.”

“The status quo of marijuana criminalization is irrational and discriminatory towards tens of thousands of otherwise law-abiding aspiring Americans who pose no safety risk to the United States,” NORML Political Director Justin Strekal said. “Public opinion and policy surrounding cannabis are rapidly shifting, which is why we must ensure that those who strive to achieve the American Dream are treated with dignity.”

Also this week, Luján became of cosponsor of separate far-reaching legislation to remove marijuana from the Controlled Substances Act and divert funds toward programs to begin repairing the damage of the war on drugs.

Read the text of Luján’s marijuana and immigration bill below:

Lujan marijuana bill by Marijuana Moment on Scribd

Key Congressional Chair Says Marijuana Banking Vote Will Happen Over Groups’ Objections

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading
Advertisement

Stay Up To The Moment

Marijuana News In Your Inbox


Support Marijuana Moment

Marijuana News In Your Inbox

Do NOT follow this link or you will be banned from the site!