An Act Decriminalizing Marijuana

This week, I’ll take a look at what the 2008 decriminalization of marijuana means with a few highlights from major cases.  In a later post, I’ll take a look at medical marijuana.

On November 4, 2008, state voters approved a ballot initiative to decriminalize the possession of marijuana.  Four years later, state voters approved an initiative to eliminate criminal and civil penalties for the use of medical marijuana.

Decriminalization

Marijuana is decriminalized for all citizens for personal possession for any amount under one ounce[1].  Let’s take a closer look at these terms.

• Decriminalized – is the removal of only criminal penalties not civil penalties or forfeiture.
  • Essentially, this means that a person will not go to jail or be arrested for the mere possession of marijuana under one ounce.
  • Decriminalization does not exempt a person from penalties for possession with intent to distribute[2].  (For example, if the ounce of marijuana was separated into eight 1/8 ounce bags, as opposed to one individual bag, this may raise to the level an intent to distribute.).
  • If detained by a police officer, a person possessing marijuana will have to forfeit the marijuana and is subject to a $100 fine.
  • Since marijuana is decriminalized, the odor of burnt marijuana alone does not provide the police with reasonable suspicion that criminal activity is underway[3].
    • A person may not be searched or stopped based on marijuana odor alone.
    • Personal Possession – the marijuana is meant for the person holding it and only that person.
      • Intent to distribute is broader than intent to sell.  If a person intends to give marijuana for free this action may still be considered distribution
      • One Ounce- Is just that, the weight of the marijuana.  It is a crime to possess 1.1 ounces of marijuana (or any amount over one ounce).
      • Also note, individual towns have the authority to set penalties above and beyond what is expresses in the state bill for someone caught smoking marijuana in public.

There is also a special provision for citizens under the age of 18.  They will have to complete a drug awareness program.

Different rules apply for medical marijuana users, and their care givers.  This topic will be covered in a later blog.