By Amber G. Duke
I recently sat in a small, stuffy courtroom in downtown Louisville to
hear a major announcement.
Jefferson County Attorney Mike O’Connell
stood with members of his staff and local civil rights leaders to
announce that he would no longer prosecute possession of one ounce of
marijuana or less when possession is the only charge or the most serious
charge.
He didn’t make his decision lightly. The County
Attorney said he deliberated for months.
He examined independent
research, as well as models from other jurisdictions and their outcomes.
He cited studies, including a 2013 ACLU study that found black and
white Americans use marijuana at the same rate, but black people are
nearly four times more likely to be arrested for possession than whites.
“For me to truly be a minister of justice, I cannot sit idly by when
communities of color are treated differently,” O’Connell said.
County Attorney O’Connell’s action is similar to
actions taken in a handful of other states and municipalities. It is an
important, small step away from the failed War on Drugs that has
over-filled jails and prisons, upended millions of people’s lives, and
cost untold billions of dollars. O’Connell’s action is an important
admission by a leader in the criminal justice system that charges for
simple possession of marijuana disproportionately affect black people.
His action shows that we have the power to right past wrongs.
Reaction to the news was immediate on social
media, with folks exclaiming, “Finally!” and “It’s about time!” To be
clear, this announcement does not mean that marijuana is legal in
Jefferson County; decriminalization is not the same as legalization. The
new policy also doesn’t apply to people under the age of 21, and does
not include cases that involve trafficking, cultivating, or public use,
or driving while under the influence of marijuana.
A few from the tough-on-crime crowd were also quick to comment on
social media with “do the crime, do the time” rhetoric. One has to
wonder whether these folks truly understand the collateral damage a
simple possession charge can do to on an individual or a family. These
types of “crimes” entangle people in the maze of the criminal justice
system, with few pathways out. Time spent dealing with charges can be
time away from work earning money. Money for fines, fees, and court
costs is money diverted from rent, bills, and groceries. A simple
possession charge on a background check could limit job, housing, and
educational opportunities. The consequences of charges like this are the
reason the County Attorney highlighted a state statute last amended in
2012. For now, this statute, KRS 218A.276 allows an individual to have
simple possession marijuana charges voided from their record, at
potentially no cost, after 60 days, at the discretion of the court.
Counties across the Commonwealth are grappling with overwhelming court dockets, grotesquely overcrowded jails
in which people are dying, and probation officers with outsized
caseloads.
Basic reform of how marijuana cases are handled will free-up
some of our limited resources to address our most pressing public safety
issues. I know it’s hard for many to admit any great ideas come out of
Louisville, but I’m hoping, in this case, some other brave county
attorneys will step up and choose to act.
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