g debate Will Delaware be the next state to decriminalize marijuana? Legislation will be introduced and debated—once again—in January. By Rob Kalesse
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ince 1973, 19 states have done it, from as far north as Alaska, west to Oregon, and south to Mississippi. A little closer to home, New York and the District of Columbia have done it. This month, neighboring areas like Philadelphia and Maryland are doing it. Across the country, states and municipalities are decriminalizing marijuana—minimizing the penalties for possession, removing criminal charges and prison sentences. Instead, those caught with small amounts of pot are given citations for fines, much like a parking or speeding ticket. Will Delaware be the next state to decriminalize marijuana?
Two years ago, the state legalized medicinal marijuana, and the first of three medical marijuana dispensaries is set to open in 2015. In May of this year, Representative Helene M. Keeley (D-Wilmington), along with 14 other legislators, submitted a bill to lessen the penalties under Title 16 of the Delaware Code. (Title 16 views possession of any amount of marijuana as a Class B misdemeanor, punishable by incarceration of up to six months and a maximum fine of $1,150.) Though the legislation never came up for a vote, Keeley and her group plan to submit a similar proposal in January at the 148th General Assembly in Dover. Keeley’s proposal calls for a $250 civil penalty for anyone found in possession of one ounce or less of marijuana in public. Offenders under the age of 21 will also be fined $250 and charged with an unclassified misdemeanor, but it will not be recorded in any criminal history database.
“For me, it comes down to the barriers set in place when someone is caught with a small amount of marijuana,” Keeley said. “On a job application, for instance, you are asked if you’ve ever been convicted of a crime or drug offense, many times without the opportunity to explain what the circumstances were.” “Additionally, when you really start to think about people at the high school or college age experimenting with drugs and alcohol, their futures can really be put into jeopardy with a criminal record,” Keeley said. “I’m not saying that [experimentation] is right, but it happens at that age. Do we really want to kick those kids out of college or take away their scholarships? That would only change lives for the worse.” Senator Bryan Townsend (D-Newark), who supported Keeley’s legislation in May and will do so again in January, says he has spoken with constituents of all ages who have been arrested for minimal quantities of marijuana. ► OCTOBER 2014 | OUTANDABOUTNOW.COM
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