Pensacola mayoral candidate proposes decriminalizing marijuana in city limits

A Pensacola mayoral candidate is proposing to decriminalize possession of small amounts of marijuana in the city limits.

Drew Buchanan told the News Journal that if elected, in his first 100 days, he would issue an executive order that city police would have the discretion to write a civil citation for possession of 20 grams or less of marijuana, rather than making an arrest.

Numerous cities and counties in south and central Florida have passed similar measures, including Miami-Dade County, Tampa, Orlando and Key West.

If enacted, Buchanan's proposal would make Pensacola the first city in the Florida Panhandle to pass such a measure.

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Buchanan said he believes the strong-mayor city charter adopted in 2010 gives the mayor the power to unilaterally issue an executive order, but, he said, he would want the City Council to adopt an ordinance as well.

"Drug arrests in the county are one of the largest percentages of arrests and one of the reasons why there are inmates in the county jail," Buchanan said. "The far majority are low-level marijuana arrests, so if we can get those folks not to be incarcerated, and paying civil tickets, I think that could do a lot to get that jail population down."

The city's charter gives the mayor the power to "exercise the executive powers of the City" and "enforce the charter and ordinances of the City" and all applicable laws of the state and county.

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Buchanan said the issue isn't the biggest one the city has faced, but he wanted to propose the idea because he thinks it's an issue the mayor can address to help communities that have been neglected.

"I believe it can also do a lot to help certain communities, especially the African-American and minority communities, who, statistically speaking, are pulled over at a much higher rate than folks that look like me," he said.

The State Attorney's Office for the First Judicial Circuit Court is opposed to the decriminalization proposal, Assistant State Attorney Greg Marcille told the News Journal.

Marcille said the State Attorney's Office is aware that other jurisdictions in South Florida have passed decriminalization measures, but, he said, his office did not feel it was appropriate.

"If it was decriminalized within the city limits, but still criminal within the county, all sorts of issues may arise," Marcille said. "Additionally, we believe that the laws are appropriate as they are set forth at this time by the Legislature."

The Orlando Sentinel reported earlier this month that after six months of decriminalization in Orlando, only 67 cases had been issued civil citations, while 408 criminal cases were filed court as usual with other charges.

Buchanan also said that in the current mayor's race, there hasn't been discussion of policy ideas.

"Right now, no one is really talking about anything, and I don't like that," Buchanan said. "There's a lot to talk about in the mayor's race."

Two other candidates have also filed to run for mayor, Escambia County Commissioner Grover Robinson and Pensacola businessman David Mayo.

Buchanan, who will be 27 in May, is the youngest candidate in the race, but, he said, the mayor's job is setting the vision for the city.

"When people say, 'You don't have the qualifications or the experience to do it,' I tell them, 'Well what do you think the mayor does every day? He sets the strategy and vision for the city and directs that to staff, and I think I've got that,'" Buchanan said.

Under Florida law, the possession of 20 grams or less of marijuana carries a fine of up to $1,000 and up to one year in jail.

Buchanan said he would like to give Pensacola police officers the discretion to instead write a civil citation that would carry a $100 fine or community service.

A spokesman for the Pensacola Police Department declined to comment on the proposal, saying the department did not comment on political campaigns.

Buchanan said he thinks people would support the proposal and pointed to U.S. Rep. Matt Gaetz, who has advocated for medical marijuana legalization.

"If (Gaetz) can do it, and he's gotten a good amount of support, I feel like that we may be ready to make the baby steps — not necessarily toward legalization, although that is my personal belief, I won't push it on anyone," Buchanan said. "But (decriminalization) is a baby step to allow people to do what they would like to do without harming other people."

Gaetz, who held a town hall at Navy Federal on Friday, said he thought it was probably improper to compare medical marijuana and decriminalizing marijuana, but said he would need to research the subject more.

"I do think there are a lot of people sitting in jail cells and prison right now for cannabis-related offenses where it's not strategic or wise," Gaetz said. "But that would probably require more review on my end."

As far as the legality of such a policy, Buchanan pointed to the other cities in Florida that have already adopted the measure.

"More than a dozen other cities and municipalities have done it, and the governor's office and attorney general (have) not gone after them," Buchanan said. "As long as that's the case, I'm not going worry about it. If they were actively pursuing municipalities, going after this kind of decriminalization law and putting them with a burden of million-dollar lawsuits, I wouldn't be doing it. Because we pay millions every year already over frivolous lawsuits, which needs to end."

Buchanan said the proposal would be a win-win for the city, and he hopes the county would adopt a similar policy.

"It's fiscally conservative because we'd be saving a lot of money, and it's morally right," Buchanan said.

Jim Little can be reached at jwlittle@pnj.com or 850-208-9827.