Xerxes Wilson

The News Journal

Newark is considering changing how it handles marijuana citations, which could see the city bring in a little more cash from offenders.

Under the proposed legislation, which requires City Council approval, the Newark Alderman's Court would process marijuana possession violations. Currently, the Newark Police Department directs those citations to state court.

Last year, the state decriminalized the possession and personal use of up to an ounce of marijuana. The fine is $100, which can be paid like a traffic ticket. Possession previously carried a fine of up to $1,150 and six months in jail.

The change is being proposed by city administration. Mayor Polly Sierer declined the comment on the legislation until City Council discusses it.

The proposal is expected to be presented at the March 14 City Council meeting.

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Newark's city code does not cover marijuana, so when someone is caught with pot, the state court processes the citation under state rules and keeps the fine.

Newark City Solicitor Bruce Herron said having the Aldermen'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.

"This is a matter of convenience for police officers that they be given a more efficient means of processing these citations," Herron said.

The city also would keep the fines from the court, which handles low-level misdemeanors outlined in city code and traffic citations.

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.

Paul Armentano, deputy director of NORML, a marijuana rights advocacy group, said cities taking an active role in the processing of marijuana offenses is nothing new, but it is typically done in states where the decriminalization hasn't happened.

"The motivation for passing such plans is to provide local police with the option to cite rather than arrest minor marijuana offenders," Armentano said.

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

If the Newark change is approved by the City Council, felony charges would still be brought through state court and offenses pertaining to possession greater than one ounce of pot or smoking it in public areas would still fall under the state's criminal code.

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