Pittsburgh Marijuana Decriminalization Bill Wins Final Approval

By Scott Gacek

City Council gives final approval to decriminalization ordinance by a 7-2 vote

PITTSBURGH, PA — The city of Pittsburgh will soon become the second major city in Pennsylvania to treat marijuana possession as a fine-only offense, instead of a criminal misdemeanor, joining Philadelphia, who passed a similar ordinance last year.

After receiving preliminary approval on a 6-1 vote last week, the City Council gave final approval to the decriminalization measure by a 7-2 vote on Monday.

Councilwomen Theresa Kail-Smith and Darlene Harris voted against the measure.  Councilman Rev. Ricky Burgess, who was not present for the preliminary vote on the measure last week, voted in favor of the bill Monday.

The proposed ordinance was introduced by District 6 Councilman and Public Safety Chair Daniel Lavelle in November. It will  create a civil fine of $25 for possession of up to 30 grams of marijuana or 8 grams of hashish.  The fine will increase to $100 if an individual is openly possessing marijuana, including smoking in public.

Public comments were held on the proposal last week, during which nearly 40 people spoke in favor of the ordinance, and no opposition was voiced.

Pittsburgh Mayor Bill Peduto is expected to sign the ordinance, according to the Associated Press.

While police could charge offenders under harsher state laws, Pittsburgh Police Chief Cameron McLay is expected to instruct officers to cite offenders under the city ordinance.

“Chief McLay was involved in the creation of this legislation and is fully supportive of this legislation,” Councilman Lavelle told local CBS affiliate KDKA last week.

Under Pennsylvania state law, possession of up to 30 grams of marijuana is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500.

According to Pittsburgh NORML, nearly 1,000 people are charged with misdemeanor marijuana possession in Pittsburgh each year. Almost all have the criminal charge reduced to a non-traffic summary citation at the first stage of criminal proceedings, says the organization.  Pittsburgh NORML’s executive director is a criminal defense attorney in the city.

Despite similar usage rates between races, blacks are much more likely to be arrested for minor marijuana possession offenses — at a rate of five to one compared to whites.

Last year, Philadelphia, the state’s largest city, passed a similar ordinance decriminalizing marijuana possession, which has resulted in an 80% reduction in custodial arrests for small amounts of marijuana.

Pittsburgh is the second largest city in the state of Pennsylvania, behind only Philadelphia.  Combined, the two cities represent over ten percent of the state’s population.  Advocates hope state lawmakers in Harrisburg will take action to pass a similar measure statewide, but with conservative Republicans controlling both the House and Senate, such legislation during the 2015-2016 legislative session is doubtful.

Pennsylvania Governor Tom Wolf has indicated he supports decriminalizing marijuana state-wide.

“Decriminalization would stop destruction of families and lives; stop overcrowding in prison; stop distortion of our economy,” he said in a 2014 PennLive interview, noting that decriminalization would extend job opportunities to people denied employment because of prior convictions.

Nationally, Pittsburgh joins a growing trend of local cities enacting similar laws to reduce simple marijuana possession penalties, including Chicago, Detroit and Washington, DC.

Pittsburgh is expected to save approximately $1 million annually in enforcement costs from decriminalizing marijuana, according to an analysis conducted by Carnegie Mellon University.