Bill would decriminalize possession of marijuana

HELENA – In what supporters say is an attempt to refocus law enforcement on more serious crimes, lawmakers heard a bill today that would reduce penalties for possessing 30 grams or less of marijuana.

House Bill 541, sponsored by Rep. Brady Wiseman, D-Bozeman, would make possession of 30 grams or less of marijuana a civil infraction instead of a misdemeanor crime. The fine would be up to $100. Currently, any marijuana possession can garner a $500 fine and six months in jail.

Wiseman said if the bill passes, it will allow law enforcement to focus time and resources on more dangerous crimes, such as assault and rape.

“Our purpose here today is not to condone or to advocate for the use of marijuana,” Wiseman said. “The policy we have today employs a large number law enforcement resources to work on a problem whose actual harm is quite small and leaves far more serious crimes against person and property going unsolved.”

Wiseman brought a 31 gram jar of spices to as a prop to give lawmakers an idea about the proposed amount, saying that most arrests are made for two grams or less. He said removing the misdemeanor charge would lighten the load for overburdened prosecutors.

Supporters for the bill said current marijuana laws are outdated and cause more damage than good.

“We are not talking about drug kingpins here,” said John Masterson, an advocate from Missoula. “These arrests happening everyday in Missoula County alone are almost always a young person with a very small amount of marijuana.”

These people are arrested and labeled as users, giving the federal government cause to take away their gun rights, student loans and veteran disability benefits, Masterson said.

Angela Goodhope of the Citizens for Responsible Crime Policy said “reefer madness” has caused a social stigma on marijuana. She also said if marijuana laws had been enforced 100 percent, Presidents Obama, Bush and Clinton would have been branded criminals.

But opponents to the bill said any lax measures on marijuana would undo the anti-drug work law enforcement has done.

“The decriminalization of marijuana in possession of any amount sends a message statewide that marijuana is not considered to be a harmful drug,” said Jeff Jergens of the Montana Narcotics Officers Association. “Is that the message we want to send?”

Jesse Slaughter of the Montana Police Protective Association said records of marijuana arrests can be helpful to law enforcement further down the road when those same offenders are charged with more serious crimes.

Slaughter also said law enforcement is not prepared for the potential consequences if the bill passes.

Several lawmakers on the House Judiciary Committee voiced concern over the bill’s lack of language concerning how teenagers should be charged. Wiseman said he intended the bill to only apply to legal adults and would be open to amending it.

- by CNS correspondent Molly Priddy