Malloy says it's time to decriminalize minor marijuana use

Gov. Dannel P. Malloy decided a long time ago that possession of small amounts of marijuana should not be treated as a criminal offense.

He wants Connecticut to join him.

"Let's accept reality," Malloy said in an interview last week.

The Democratic governor's plan to reduce the penalty for possession of less than an ounce of marijuana from a crime to an infraction that carries a fine is the subject of a public hearing Monday before the Legislature's Judiciary Committee.

Possession of under four ounces is punishable by up to a year in prison and a $1,000 fine. Malloy envisions a $100 fine.

The Judiciary Committee approved a similar proposal in 2009 in a 24-to-14 vote. But then-Republican Gov. M. Jodi Rell was certain to veto it, so the measure never came up for a full vote in the General Assembly.

For Malloy -- a one-time assistant district attorney in New York City and Stamford's former mayor -- the current approach needlessly ruins lives and is an illogical front in a losing drug war.

"We don't really criminalize alcoholic offenses, by and large, driving while intoxicated aside," Malloy said, referring particularly by under-age drinking. "We handle that very differently than marijuana and we end up stigmatizing kids, creating records and doing things to young people that in the end aren't in their best interests. We start people down a criminal chain," Malloy said.

Malloy also believes minor marijuana arrests disproportionately impact minorities who cannot afford attorneys. "There it takes on this racial aspect," Malloy said. "I'm in some sense trying to level the playing field."

Malloy's own family has been touched by drug use. In 2007 police accused Benjamin Malloy of being a marijuana dealer and he entered into a probationary program that would have wiped his criminal record clean. But in late 2009 Benjamin was sentenced to five years probation for trying to rob a Darien man of his marijuana while armed with a BB gun.

Malloy declined to discuss his son's case with Hearst Connecticut Media.

POLL SHOWS SUPPORT

If the governor's plan were to become law, Connecticut would join 13 other states, including New York, Massachusetts and California, that have decriminalized first-time, personal consumption of marijuana, according to the National Conference of State Legislatures.

Rhode Island is considering a similar route.

Michael Lawlor, who voted for the 2009 decriminalization bill as a Judiciary Committee co-chairman, is now Malloy's undersecretary for criminal justice policy. He said lawmakers have been trying to focus limited law enforcement resources on violent crimes. In 2009 the estimated savings from not prosecuting minor marijuana possession was $11 million.

"Very few people actually go to jail (for possessing small amounts of marijuana). But they do go to court. And there's a very routine sequence of events for someone who has either no criminal record or a minor record," Lawlor said. "They all involve probation, reporting, continuances, more court dates down the road ... Routinely people end up with the charges getting dismissed after jumping through a bunch of hoops. This option allows the officer on the scene to eliminate all of that."

A Quinnipiac University poll released last week said respondents support decriminalizing small amounts of marijuana 65 to 32 percent, up from 58 percent support in 2009.

OPENING FLOODGATES?

But the governor faces challenges from the law enforcement community.

Lawlor believes police will appreciate the option of issuing a fine, but a representative from the Connecticut Council of Police, which represents nearly 4,000 officers statewide, did not return calls seeking comment.

The legislation is opposed by the Connecticut Police Chiefs Association and also Chief State's Attorney Kevin Kane.

Perhaps one of Malloy's biggest obstacles to passage will be testimony presented by individuals like Ginger Katz. Founder of the Norwalk-based Courage to Speak Foundation, Katz lost her 20-year-old son, Ian, in 1996 to a drug overdose. She argues marijuana is a gateway drug for youths to experiment with other narcotics.

"Marijuana opened up the floodgates for my son," Katz said. "If we put a $100 slap-on-the-wrist to these kids just beginning to use marijuana ... the perception the kids would have would be, `Oh, it's no big deal.'"

Redding Police Chief Douglas Fuchs, who will lead the police chiefs association in June, agreed.

"You have 17, 18, 19 and 20 year olds who could then see the use of marijuana as being OK," Fuchs said. "Those same youths who cannot buy alcohol, we're making it easier for them to buy marijuana."

Malloy dismisses the gateway drug argument, again pointing out he does not see the logic in criminalizing small amounts of marijuana while cases of underage drinking do not result in criminal records.

NOT HIS TOP PRIORITY

"Alcohol is the original gateway drug," he said.

The governor also argues the same "don't use drugs" message can be sent under his decriminalization plan. Parents and guardians will still find out about a ticket and be able to mete out punishment, he said.

"It's enough to say it's a violation to do it ... for activity you'd have to put your head in a hole to deny it's widespread."

Although Malloy feels strongly about his decriminalization proposal, the governor said with a $3.2 billion deficit to plug, he is not going to waste significant amounts of political capital on the bill.

"I believe this. I'm more than happy to speak about it," Malloy said. "But I've got some big fish to fry right now."

Staff Writer Brian Lockhart can be reached at brian.lockhart@scni.com