Debate delayed on marijuana decriminalization

Legislation that would treat simple marijuana possession like a traffic violation has stalled in the Delaware House of Representatives while decriminalization supporters meet with law enforcement groups and others opposed to the measure.

Delaware Rep. Helene Keeley, a Wilmington Democrat, is sponsoring the decriminalization bill, which would end criminal penalties for possessing up to an ounce of marijuana.

Smoking pot in a public place, and selling the drug, would remain criminal offenses. But Delawareans found with an ounce or less of marijuana, or those smoking marijuana privately, would face only $100 civil fines, not a criminal record.

Keeley acknowledged that some opponents have questioned why anyone should be allowed to possess an ounce of marijuana, saying that quantity could signal an intent to sell the drug.

Decriminalization advocates and opponents are also discussing the definition of a public area versus a private place, where Delawareans could smoke pot without fear of arrest.

"Myself and the advocates of the bill have been working very hard to come to some type of consensus," Keeley said on Monday.

Keeley's legislation was introduced in January and assigned to the House Public Safety Committee. The committee is not scheduled to consider the measure during its meeting on Wednesday.

For the legislation to become law, lawmakers in the full Delaware House and Senate would have to approve the measure and send it to Delaware Gov. Jack Markell for his signature.

Markell, a Democrat, has signaled support for decriminalization.

"To reduce the number of people entering the criminal justice system, I'm hopeful that my state will decriminalize possession of small amounts of marijuana," Markell wrote in a letter to the editor published in the New York Times last month.

Advocates remain optimistic that lawmakers in both legislative chambers will approve decriminalization before they leave Dover on June 30. Nineteen states and the District of Columbia have stopped arresting residents for possessing small amounts of pot.

"We're spreading the message that the legislation should be supported," said Robert Capecchi, a lobbyist from the Marijuana Policy Project, a national advocacy group.

Possession of small amounts of marijuana is currently prosecuted as an unclassified misdemeanor under current Delaware law, punishable by up to three months in prison and fines.

Delaware police made more than 2,300 arrests for simple marijuana possession in 2013, according to data compiled by the Delaware Criminal Justice Council.

""It's important to stop ending these arrests for simple possession ASAP," Capecchi said.

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