Bill would decriminalize possession of marijuana

A proposal to decriminalize small amounts of marijuana has been introduced in the Kentucky Senate.

Senate Bill 82, sponsored by state Sen. Jimmy Higdon, R-Lebanon, would treat possession of a “personal use quantity” like a minor traffic violation. It would also exempt “personal use marijuana accessories” from penalties regarding drug paraphernalia.

Now, if a police officer finds someone with a marijuana cigarette or “joint” or a small quantity in a cellophane wrapper for one’s own use, the officer has a choice whether to take the person to jail or write a ticket. Higdon’s bill would take away the officer’s discretion.

“Basically, what my bill says is, they shall write them a ticket,” Higdon said at a public forum in Bardstown Wednesday.

He said his main reason for sponsoring the legislation is that he hears of people who want to provide marijuana to a cancer patient, but they’re afraid they’ll go to jail.

If his bill becomes law, Higdon said, “it’s no more than a speeding ticket.”

His other reason, he said, is to reduce jail overcrowding.

The measure would amend the state law that deals with controlled substances. It defines a personal use amount as one ounce or less of a marijuana plant or five grams or less of resin.

Under current law, possession of anything less than half a pound is a misdemeanor.

Nelson County Sheriff Ramon Pineiroa sees taking away the officer’s discretion as to whether to ticket or arrest as a hindrance to police work.

“You’re creating a bigger window for a criminal to possess or commit more crimes,” he said.

Nelson County Attorney Matthew Hite doesn’t see the decriminalization bill as having a big impact on relieving jail overcrowding. He said there aren’t many people in jail now for simple possession of personal use amounts.

A first or second offense, he said, is usually only a $100 fine and court costs, and if the person convicted takes a marijuana education course, the first offense can be removed from the person’s record as if it never happened.

“There’s a lot of them, but those aren’t the people who are clogging up the jails,” Hite said.

Commonwealth’s Attorney Terry Geoghegan wouldn’t take a position on the decriminalization bill Thursday.

“Whatever the legislature decides on the marijuana issue, I will certainly respect it and expect to enforce the statutes that apply in Kentucky,” he said.

This article is provided via the Kentucky Press News Service.

This story was originally published January 21, 2019 at 1:09 PM.