✚ Will Philly End Its War on Weed?
[ the naked city ]
<<< continued from page 6
and an expert on criminal law and procedure, says that no arrest requirement exists. “I disagree with the DA and Commissioner [Ramsey],” Shellenberger writes by email. “Under the Pennsylvania Rules of Criminal Procedure, criminal proceedings may be instituted by arrest or by filing a written complaint. … The police could, rather than arresting for minor marijuana possession, seize the drugs, get the offender’s name, address, etc., and then file a written complaint.” Indeed, Kenney says that police in Montgomery County and Pittsburgh are not required to arrest. And Lower Merion spokesperson Tom Walsh says his township’s police don’t arrest or even issue a summons for a misdemeanor — offenders just get a citation for disorderly conduct. Why did Ramsey change his mind, and what’s with the newfound rationalization from the DA? Kenney suspects that the office of Mayor Michael Nutter, who declined an interview request, might be involved. He intends to find out at City Council hearings on the proposal on March 10. “The whole thing is ridiculous,” says Kenney. “If you’re not going to prosecute … why arrest?” ³ THAT’S WHAT A LOT of young men were won-
dering last month during a busy afternoon on the benches outside marijuana court, held each weekday afternoon at the Criminal Justice Center. “The guns are still out there, people still getting killed every day,” says a frustrated 28-year-old named Chris, who, like other pot smokers interviewed for this story, declined to give his last name. “Weed is not killing anybody.” Chris has a lot in common with others here: He is young, black, male and was arrested for marijuana possession after police stopped and frisked him. In Chris’ case, it was a late afternoon this past August, when he walked into a corner store near his girlfriend’s Frankford house to buy a Twix: “They look for the black guy with the hoodie and boots and jeans, and think he’s up to something.” He spent two days in jail, during which he’d had a job interview lined up. He wasn’t hired. Shaq, 19, says he was walking down a “hot block” in North Philly when police “pulled a gun and said ‘Put your hands up.’ They’re probably looking for ratchet [gun] or something. I don’t know.” These young men (because no women are present) are here for the DA’s Small Amounts of Marijuana (SAM) program, created in June 2010 to keep everyday pot smokers out of big trouble and allow busy prosecutors to focus on more serious crimes. Those found in possession of 30 grams or less can avoid prosecution by paying a $200 fine and taking a class. But even with SAM, enforcing marijuana prohibition costs the city, and pot smokers, time and money. “It’s a waste of manpower, time and energy,” says Malcolm, 43, entertaining a rapt crowd of men who are mostly half his age. “It’s a joke. It’s a farce.” 8 | P H I L A D E L P H I A C I T Y PA P E R |
F E B R U A R Y 2 0 - F E B R U A R Y 2 6 , 2 0 1 4 | C I T Y PA P E R . N E T
Inside the courtroom, a trial commissioner begins proceedings. Fifteen men file in — 12 are black, two appear to be Latino and one is white — and are presented with two options: Fight the charges in court, or enroll in SAM and have their records automatically expunged upon completion. The trial commissioner starts calling names. A number are in jail; many others haven’t shown up, and bench warrants are issued for their arrest. Indeed — just 53 percent of enrollees completed the program in 2013, according to Diversion Courts Unit Chief Derek Riker. He says he believes that inability or reluctance to pay the $200 fine is the main reason so many people don’t complete the program.
“People who smoke weed are going to smoke weed.” Deputy District Attorney Laurie Malone says the class requirement and fine are set by the courts, so altering the program isn’t something her office would do. She does concede that the current program isn’t likely to rehabilitate many people. “I mean, we’re realistic about that,” she says. “We understand that most of these people are adults, and they probably understand whatever potential harm that marijuana may bring. So to the extent that it impacts maybe one individual, we’re happy.” At marijuana court, no one appears to be seeking treatment. “People who smoke weed are going to smoke weed,” says Malcolm, joking. “This is the most expensive bag of weed I’ve ever paid for in my life.” The First Judicial District did not respond to CP’s request to view the film shown to SAM participants, but Shaq, who sat >>> continued on page 10