Legislation designed to decriminalize the possession of small amounts of marijuana is heading to the House floor for a full debate.
Late Wednesday afternoon, after hours of testimony, the House Judiciary Committee approved a bill that would make it a civil offense – rather than a criminal one – to possess one ounce or less of marijuana. The 9-2 committee vote comes as the issue of decriminalization is moving swiftly through the country, and it comes in a state whose local law enforcement remain divided on the issue.
In November, Colorado and Washington state legalized the possession of pot. Since the 1970s, 15 states, from Alaska to Maine, have passed laws decriminalizing some amount of the drug, meaning there is no prison time or criminal record for possession of pot. Instead, possession in those states is treated like a minor traffic violation.
That would be the case in Vermont if the Legislature passes the bill, which says no one shall knowingly possess more than one ounce of marijuana or cultivate marijuana plants.
If a person 21 or younger violates that law, they would receive a ticket to report to the diversion board within 15 days. If the defendant completes the orders of the board, their ticket wouldn’t be sent to the state’s judicial bureau. But if they fail to comply, they’d receive a $300 civil fine for a first or second offense and a 90-day suspension of their license. The bill also prohibits smoking marijuana while operating a car on a public highway.
The bill’s backers say the measure would free up police to tackle more serious crimes, including Vermont’s opiate epidemic, by making marijuana possession a civil offense. Detractors say it would send the wrong message about drug use to young people.
Rep. Tom Koch, R-Barre Town, says he surprised himself by voting for the bill.
“I have been against this idea of decriminalization for a long time,” Koch said. “But the committee has made substantial changes in the original bill, particularly a driving while smoking marijuana offense, which has not been specifically illegal before.”
Judiciary Chairman Bill Lippert, D-Hinesburg, is urging House members to vote for the bill, although nine state’s attorneys and several local law enforcement officials don’t support it.
“Many state’s attorneys are already using a referral to diversion,” Lippert explained. “Some arguments from some state’s attorneys have been, ‘We don’t need this because we already do this.’ We believe, ‘If we already do this, then let’s put it into law.’”
Lippert says the bill would set a new level of consistency and create fairness across the state.
The full House is expected to take up the decriminalization debate as soon as Friday.
