Committee approves marijuana decriminalization

Lawmakers on the House Public Safety Committee narrowly approved legislation on Wednesday that would end arrests for simple marijuana possession, replacing criminal penalties with a $100 fine.

Debate on the legislation, which now heads to the full House, lasted about 90 minutes, with law enforcement groups in unanimous opposition.

Delaware State Police representatives said the measure would make it more difficult to target drug dealers because they could not initiate searches on suspicion of simple marijuana possession.

"Drug dealers are saying 'bring it on, pass the bill,'" said Delaware State Police Sgt. Lance Skinner in committee testimony. "They're getting ready to cash in."

The legislation, sponsored by Delaware Rep. Helene Keeley, a Wilmington Democrat, would end arrests for possessing up to an ounce of marijuana, or for using the drug privately.

Simple possession would be treated like a traffic violation and would carry no criminal record. Selling marijuana, and smoking pot in public, would remain criminal offenses.

Delaware Gov. Jack Markell, a Democrat, supports marijuana decriminalization. Advocates testified Wednesday that Delawareans should not face a criminal record for possessing small amounts of marijuana.

"Normal people like me are cannabis consumers," said Cynthia Ferguson, executive director of Delaware NORML, a pro-marijuana advocacy group. "I'm not a criminal."

Keeley is planning to introduce an amendment that would strictly define the definition of a public place, where it would remain a criminal offense to smoke marijuana.

Sidewalks, parking lots, playgrounds and other areas "to which the general public is invited," would be defined as public places under the amendment, which was drafted in consultation with law enforcement officials.

Also, any outdoor location that is within 10 feet of a sidewalk or street, or "windows that open" of any public or private building, also would be defined as a public place.

And, under the amendment, anyone caught using marijuana "in a moving vehicle" would face a criminal charge.

Delaware Rep. James "J.J." Johnson, a New Castle Democrat, said during committee testimony he favors passage of the legislation, but suggested Keeley might have gone too far to placate critics with the amendment.

"Legislation of this type is long overdue," Johnson said. "The war on drugs has had a devastating effect on certain communities. I think this is a move in the right direction. My concern is you were too accommodating."



Even with the amendment, police still strongly opposed Keeley's legislation.

Bill Oberle, a lobbyist for the Delaware State Troopers Association, said decriminalizing marijuana could impose damaging restrictions on police searches.

Oberle said the troopers union proposed a compromise that would have expunged marijuana convictions after a year if the person convicted had no additional arrests. 'We put on the table what we thought was a reasonable compromise," Oberle said.

Keeley and representatives for state troopers requested guidance from Attorney General Matt Denn on whether marijuana decriminalization would affect searches, specifically in cars.

Denn responded that the legislation "would likely impact the ability of law enforcement officers to conduct searches of vehicles."

It's unclear whether Keeley's amendment will ultimately mitigate police concerns about searches.



Contact Jonathan Starkey at (302) 983-6756, on Twitter @jwstarkey or at jstarkey@delawareonline.com.