Philadelphia, PA: Minor marijuana possession offenses will be no longer be prosecuted as criminal misdemeanors, according to a policy change announced by new District Attorney Seth Williams and reported by The Philadelphia Inquirer on Monday.
Philadelphia NORML had been lobbying for the policy change after publishing a report which found that African American males comprised an estimated 83 percent of all persons in Philadelphia arrested for minor marijuana possession offenses.
Under the new policy, which is anticipated to take effect later this month, prosecutors will charge minor marijuana possession (defined as 30 grams or less) as ‘summary offenses’ rather than criminal misdemeanors. Defendants will be required to pay a fine, but will not face incarceration or receive a criminal record.
Under the previous District Attorney, the city criminally prosecuted some 3,000 minor marijuana possession cases per year.
The policy change will free up prosecutors and judges to focus their time and resources on more serious violations, The Inquirer reported.
Chris Goldstein, who coordinates efforts for both Philadelphia NORML and NORML New Jersey, said: “This is a pragmatic procedure shift, but it cannot be described as ‘decriminalization’ because Pennsylvania state law still classifies marijuana possession as the lowest level of criminal offense. … District Attorney Williams, with the backing of the state Supreme Court, are proposing to have offenders simply pay a fine and go to a diversionary court to streamline the process. This will immediately take the marijuana arrest burden off of the criminal courts. The proposed change would also result in a tangibly less traumatic experience for Philadelphia cannabis consumers who run afoul of prohibition laws.”
Under Pennsylvania law, the possession of up to 30 grams of marijuana is a criminal misdemeanor punishable by up to 30 days in jail and a $500 fine.
Earlier this year, newly elected Seattle city attorney Peter Holmes publicly announced that his office would no longer prosecute minor marijuana possession offenses.
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500, or visit Philadelphia NORML at: http://www.phillynorml.org.