Jonathan Starkey

The News Journal

DOVER -- A state House committee gave approval Wednesday to amended legislation that would decriminalize possession of small amounts of marijuana.

The legislation, sponsored by Rep. Helene Keeley, a Wilmington Democrat, would replace criminal penalties with $250 civil fines for anyone 21 or older in Delaware found possessing an ounce or less of marijuana for personal use. Fines double if unpaid after 90 days. The marijuana also would be turned over to police.

Anyone under 21 would face unclassified misdemeanor charges under the substitute bill, which replaces legislation that would have legalized possession of up to an ounce of marijuana for personal use. Parents of minors would be notified of an offense. But none of the charges would be entered into the criminal history database.

The legislation heads to the full House for consideration with just over a week left in the current legislative session. Nineteen members of the General Assembly, all Democrats, are backing the legislation.

Keeley said in committee testimony that it's not appropriate to saddle Delawareans with criminal charges, which could prevent them from finding a job, for possessing small amounts of marijuana. Buying and selling the drug would remain illegal under her proposal.

"The main reason I'm doing this is day in and day out, I see folks who are applying for positions and they are denied employment based upon something they did many years ago," Keeley said.

Under current Delaware law, possession of even small amounts of marijuana is prosecuted as a misdemeanor, punishable by fines of up to $1,150 and up to six months in jail.

In 2013, law enforcement made 2,632 arrests for petty marijuana possession, charged as an unclassified misdemeanor, including 298 charges involving juveniles, according to an analysis performed by the Criminal Justice Council's Statistical Analysis Center.

Nine of those charges resulted in jail sentences; 102 charges resulted in probation.

Delaware State Police are opposing the legislation.

Marijuana advocates, including a representative from the Marijuana Policy Project, testified in favor of the measure on Wednesday.

"Cannabis prohibition is as problematic as alcohol prohibition," said Zoe Patchell, legislative correspondent for Delaware NORML, adding that marijuana penalties improperly divert criminal justice resources and arrest records can prevent young people from obtaining financial aid for college. Criminal penalties also are "not preventing teens or anyone else from obtaining cannabis."

The marijuana proposal comes after a March poll showed more than two-thirds of Delawareans supported the removal of criminal penalties for possessing an ounce or less of marijuana. Nineteen other states, including Maryland, have decriminalized possession of small amounts of marijuana. Gov. Jack Markell has said he is open to discussion on marijuana decriminalization.

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Contact Jonathan Starkey at (302) 983-6756, on Twitter @jwstarkey or at jstarkey@delawareonline.com.