In Pa., Many Towns Have Decriminalized Weed, But . . .

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,554
9,905
146
Arrests often haven't dropped much, if at all.

Most of Pennsylvania’s largest cities have passed ordinances decriminalizing marijuana. And officially, penalties for possessing small amounts are like traffic tickets, with typical fines running from $25 to $500.

In 2019, marijuana arrests — which often result in an onerous criminal record— declined in the Keystone State. But they remain greater than they were in 2009, before any city in Pennsylvania decriminalized possession of marijuana.

City councils in Philadelphia, Pittsburgh, Erie, Allentown, Harrisburg, York, Lancaster, and most recently, Norristown, have all officially decriminalized possession of a small amounts of weed.

“But we’re still arresting more people than we did 10 years ago,” said Lt. Gov. John Fetterman. “It’s lunacy.”

So why are there so many arrests?

“It’s because police in many of those cities don’t follow the decriminalization statutes,” said Patrick Nightingale, a cannabis law attorney and advocate in Pittsburgh. “The statutes are not binding on police or the District Attorney’s offices. They’re voluntary. Police can still make arrests at their discretion.”


^^^ My personal commentary? Real change happens slowly, and often faces deep institutional opposition. :(
 

Bitek

Lifer
Aug 2, 2001
10,676
5,238
136
I'm really hoping for legalization to become a reality if a D wins in 2020.

If Hillary had pushed this, perhaps she would be in the WH...
 

Moonbeam

Elite Member
Nov 24, 1999
73,231
6,338
126
Poor police. They get the brunt of our repressed hatred of our parents, which of course makes them feel like the world is out to get them, if they don't get us first.
 

Blackjack200

Lifer
May 28, 2007
15,995
1,686
126
Police not following the law? Noooooooooo. Come on.

Edit: Sorry, just re-read the OP and this - The statutes are not binding on police or the District Attorney’s offices. - is an absolutely incredible sentence.

I'm really hoping for legalization to become a reality if a D wins in 2020.

If Hillary had pushed this, perhaps she would be in the WH...

If only there was a candidate promising to deschedule marijuana on day 1.
 

HomerJS

Lifer
Feb 6, 2002
36,671
28,824
136
Police not following the law? Noooooooooo. Come on.

Edit: Sorry, just re-read the OP and this - The statutes are not binding on police or the District Attorney’s offices. - is an absolutely incredible sentence.



If only there was a candidate promising to deschedule marijuana on day 1.
Could that be done with an EO?
 

Blackjack200

Lifer
May 28, 2007
15,995
1,686
126
Could that be done with an EO?

I don't see why not. There is no law specifically making Marijuana illegal. It sits on a list of substances (schedule 1). From his website:


As president, Bernie will:

Legalize marijuana in the first 100 days with executive action by:

  • Nominating an attorney general, HHS secretary, and administrator for the DEA who will all work to aggressively end the drug war and legalize marijuana
  • Immediately issuing an executive order that directs the Attorney General to declassify marijuana as a controlled substance
    • While Congress must aggressively move to end the war on drugs and undo its damage, as president Bernie will not wait for Congress to act.
    • Declassifying marijuana will eliminate the current onerous barriers to banking services for growers and dispensaries and allow them to access the banking system like any other business.
  • Passing legislation to ensure permanent legalization of marijuana
 

K1052

Elite Member
Aug 21, 2003
47,990
37,161
136
I don't see why not. There is no law specifically making Marijuana illegal. It sits on a list of substances (schedule 1). From his website:


As president, Bernie will:

Legalize marijuana in the first 100 days with executive action by:

  • Nominating an attorney general, HHS secretary, and administrator for the DEA who will all work to aggressively end the drug war and legalize marijuana
  • Immediately issuing an executive order that directs the Attorney General to declassify marijuana as a controlled substance
    • While Congress must aggressively move to end the war on drugs and undo its damage, as president Bernie will not wait for Congress to act.
    • Declassifying marijuana will eliminate the current onerous barriers to banking services for growers and dispensaries and allow them to access the banking system like any other business.
  • Passing legislation to ensure permanent legalization of marijuana

It's not entirely clear that by executive order alone the President himself can reschedule marijuana, this would probably be in for a court fight. Though it seems the AG could and the president could certainly hire one that would or even order them directly to do so. Likewise it would be relatively easy to install people at DEA and HHS who would deschecule it promptly that would be almost impossible to practically challenge in court.

I'd expect that the appetite in Congress to craft legalization legislation would grow quickly as those events unfold.
 

hal2kilo

Lifer
Feb 24, 2009
24,205
10,865
136
Arrests often haven't dropped much, if at all.

Most of Pennsylvania’s largest cities have passed ordinances decriminalizing marijuana. And officially, penalties for possessing small amounts are like traffic tickets, with typical fines running from $25 to $500.

In 2019, marijuana arrests — which often result in an onerous criminal record— declined in the Keystone State. But they remain greater than they were in 2009, before any city in Pennsylvania decriminalized possession of marijuana.

City councils in Philadelphia, Pittsburgh, Erie, Allentown, Harrisburg, York, Lancaster, and most recently, Norristown, have all officially decriminalized possession of a small amounts of weed.

“But we’re still arresting more people than we did 10 years ago,” said Lt. Gov. John Fetterman. “It’s lunacy.”

So why are there so many arrests?

“It’s because police in many of those cities don’t follow the decriminalization statutes,” said Patrick Nightingale, a cannabis law attorney and advocate in Pittsburgh. “The statutes are not binding on police or the District Attorney’s offices. They’re voluntary. Police can still make arrests at their discretion.”


^^^ My personal commentary? Real change happens slowly, and often faces deep institutional opposition. :(
Did not know the police could be both lawyer and judge.
 

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,554
9,905
146
Did not know the police could be both lawyer and judge.
I would guess, but don't really know, that state law trumps any local ordinance.

The better question is why those #@$%^ would bother. :(
 

Blackjack200

Lifer
May 28, 2007
15,995
1,686
126
It's not entirely clear that by executive order alone the President himself can reschedule marijuana, this would probably be in for a court fight. Though it seems the AG could and the president could certainly hire one that would or even order them directly to do so. Likewise it would be relatively easy to install people at DEA and HHS who would deschecule it promptly that would be almost impossible to practically challenge in court.

I'd expect that the appetite in Congress to craft legalization legislation would grow quickly as those events unfold.

Right, it's a gray area, and what Trump has shown is that when you see a gray area, drive a bus through it. Honestly, this should be very trivial for anyone willing to use levers of power effectively and unapologetically. If Sanders fails here, we'll know immediately that his administration will be an Obama-esque disaster.