Joe Sonka | Courier Journal

Just the FAQs

In an effort to address racial disparity in drug arrests, the Jefferson County Attorney's Office will no longer prosecute people for possession of a small amount of marijuana when that is the only or primary charge.

"For me to truly be a minister of justice, I cannot sit idly by when communities of color are treated differently," Jefferson County Attorney Mike O'Connell said at a press conference Wednesday.

He cited a Courier Journal investigation that found that African Americans accounted for two-thirds of the marijuana possession cases in 2017, with black drivers cited for possession by Louisville Metro Police at six times the rate of white people.

That disparity on marijuana charges along racial lines occurred despite national studies showing that both groups smoke marijuana at roughly the same rate.

The origin of this disparity "is likely not intentional or malicious, but that does not change the end results," O'Connell said.

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Because of the policy change, Louisville Metro Police Chief Steve Conrad said he will instruct his officers not to "routinely write citations for this specific offense."

However, Conrad noted that it is important for the public to understand that marijuana possession remains illegal in Kentucky and police officers "still have a duty to uphold that law."

What you should know: Jefferson County will stop prosecuting small marijuana cases

Under the new policy, the county attorney's office will no longer prosecute possession of marijuana cases involving 1 ounce or less, so long as that is the only charge or the most serious charge against the defendant, according to a memo from the office.

It also will decline to prosecute cases involving possession of drug paraphernalia when that is clearly only used for marijuana consumption.

However, the policy will not affect marijuana cases involving trafficking, cultivation, driving under the influence, public consumption or intoxication. And people younger than 21 years old will continue to be prosecuted for simple possession of small amounts of the drug.

The new policy takes effect immediately, O'Connell said, and pending cases that meet the criteria will not be prosecuted.

The change comes as states such as Colorado have legalized the use of marijuana for recreational and medicinal usage and after more than 50 communities in a dozen states have ended prosecution or enacted municipal laws decriminalizing minor marijuana violations.

Those include Cincinnati, where the City Council voted in June to decriminalize marijuana possession and allow individuals to have up to 3.5 ounces without fear of fines or prosecution.

The change at O'Connell's office also follows the Louisville Metro Council's passage of an ordinance in June that makes arrests for possession of half an ounce or less of marijuana the lowest law enforcement priority for officers.

Map created by Jesse Hazel, Courier Journal

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Kentucky statutes classify marijuana possession as a misdemeanor punishable by up to 45 days in jail and a $250 fine, though a law passed in 2012 allows people to have such charges voided from their record after 60 days.

O'Connell said his office has the authority under state law to decline to prosecute these charges and that the change will allow his office to commit more resources to prosecuting serious and deadly crimes, such as those involving guns, domestic violence, driving under the influence and the opioid crisis.

Attorney General Andy Beshear issued a statement agreeing that county attorneys have "wide discretion in allocating the resources within their respective jurisdictions," adding that O'Connell's decision was "based on known racial disparities and the disproportional consequences and lifetime impact of a conviction."

A spokesperson for Gov. Matt Bevin did not immediately return a request for comment on O'Connell's decision Wednesday.

Jean Porter, a spokeswoman for Mayor Greg Fischer, issued a statement saying the mayor respects O'Connell's decision "amid an evolving conversation around marijuana here and across the U.S," and supports Conrad's efforts to adjust police practices.

"The Mayor understands that this is an issue that relates to a range of others, including equity, and encourages the discussion surrounding marijuana policy to continue here in Louisville and at the state and federal level," Porter said.

Conrad said that while his department will continue to prioritize its resources on violent crime, such investigations may still intersect with marijuana possession, which may provide probable cause for searches. The marijuana may still be seized even if there is no citation, he said.

O'Connell was joined in the news conference by leaders of the Kentucky NAACP, Louisville Urban League and American Civil Liberties Union of Kentucky, who all applauded the policy change as a way to combat racial disparities in drug arrests and prosecutions.

Kentucky NAACP President Raoul Cunningham called the move a "good first step" but said additional legislation would have to be passed at the state and federal level to fully decriminalize marijuana and truly end such racial disparity.

Asked if he thought the changes from the county attorney's office would lead to police arresting and citing less African Americans for marijuana possession, he answered: "I doubt it."

Louisville Urban League President Sadiqa Reynolds was more optimistic, saying that "LMPD has to change."

"We've got to make sure that we're focused on the right things," said Reynolds, noting the city's high homicide rate. "When you appoint someone to a position like the chief of police ... you expect them to be innovative and help find ways to change the trajectory of what's happening in our community. And I suspect that the police department will begin to change more quickly."

Matthew Bratcher, executive director of Kentucky's chapter of the National Organization for the Reform of Marijuana Laws, told the Courier Journal that Louisville has made a big first step toward modernizing cannabis policing — and that other cities and Frankfort should now follow suit.

"It is our hope that other cities in Kentucky see what Louisville has done with this announcement and the passage of the recent lowest law enforcement priority ordinance on cannabis, start taking the initiative and making reform happen in their communities," Bratcher said.