Xerxes Wilson

The News Journal

Newark's Alderman's Court will now process citations for those caught with small amounts of marijuana in the city, a change that could see the local government bring in a little more cash and save police officers' time.

Newark City Council on Tuesday added rules regulating marijuana possession to the city's laws, giving the local Alderman's Court the ability process the violations and fines. Such offenses that took place in the city were previously handled by state court.

Newark City Solicitor Bruce Herron said having the Alderman's Court handle the citations should save Newark police time because they will not have to make the occasional court appearance outside the city when a fine is contested. Using the city's court also will save time for city residents who are cited, said Councilman Stu Markham.

The personal use and possession of up to an ounce of marijuana was decriminalized last year. The fine is $100, which can be paid like a traffic ticket without permanent impact to a person's criminal record. Possession previously carried a fine of up to $1,150 and six months in jail.

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Newark's city code previously did not cover marijuana, so when someone was caught with the drug, the state court processes the citation under state law and keeps the fine. Under the new rules, the city also would keep the fines from the court, which handles low-level misdemeanors outlined in city code and traffic citations.

"If one did get a ticket for marijuana possession, it would probably be a lot better to go to Alderman's Court than state court. [It is] just a lot easier for everybody," Newark resident John Morgan told council members during the meeting.

The issue passed with only Councilman Rob Gifford opposed.

Unless there is a significant increase in marijuana offenses, the fines are unlikely to be a boon to city coffers. Last year, Newark police and University of Delaware police charged 199 people with marijuana-related offenses. There have been an average of 222 marijuana-related offenses each year dating back to 2011.

Felony charges would still be brought through state court, and offenses pertaining to possession greater than 1 ounce of marijuana or smoking it in public areas would still fall under the state's criminal code. One Newark resident told members of the council they were not going far enough.

"I understand the intention here is to prevent our officers from going to the county or state or whatever to deal with this. There is another way we could achieve that which is simply not to impose a fine for the consumption of a plant, a substance which is less harmful than tobacco and alcohol," Newark resident Jeff Lawrence said.

Herron questioned the city's authority to not at least enforce state law.

Paul Armentano, deputy director of NORML, a marijuana rights advocacy group, said cities typically take an active role in the processing of marijuana where state laws are more harsh. He said the motivation is typically to provide police the opportunity to cite, not arrest, offenders.

Philadelphia decriminalized possession of small amounts of marijuana replacing the potential for jail time with a $25 fine in 2014, but possession is still punishable by up to a year in prison under the state law.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com. Follow @Ber_Xerxes on Twitter.