Marijuana enforcement, not marijuana, is what's harmful, supporters tell Harrisburg officials

Harrisburg Councilman Cornelius Johnson (at left) lead the public meeting March 10 about the city's efforts to reduce penalties for marijuana possession. To his right were Dauphin County District Attorney Ed Marsico, Harrisburg Mayor Eric Papenfuse, Police Chief Thomas Carter, Council President Wanda Williams and Councilwoman Destini Hodges.

By Christine Vendel 

HARRISBURG- Marijuana isn't the reason people turn to a life of crime, but rather an arrest for marijuana possession that can push some people down the wrong path.

That was the sentiment of several people who spoke Thursday night in favor of Harrisburg's proposal to reduce the criminal penalties for small amounts of marijuana.

The supporters said marijuana is much less harmful than other legal substances such as alcohol or prescription drugs.

Hear Two Opposing Viewpoints About Marijuana In Harrisburg Dozens of people showed up to the first public meeting for Harrisburg's proposal to reduce criminal penalties for marijuana possession. Many of the speakers supported the plan but a few spoke against it.

 

People arrested for marijuana possession lose their driver's license under Pennsylvania law, which kicks off a chain-reaction. Without the ability to drive, they can lose their jobs and have a hard time finding a new one, tempting them to sell drugs or commit other crimes, several supporters said.

But other speakers said they thought the city's efforts to lessen penalties could encourage more marijuana use, create more drug addicts and cause more vehicular accidents.

Dozens of people showed up to the city council-sponsored meeting at the Harrisburg Area Community College midtown campus. It was the first of two scheduled public meetings on the marijuana proposal. The second meeting is set for 5:30 p.m. Thursday March 24 at the city's public works building at 1820 Paxton Street.

Most of the people who attended Thursday night's event supported the city's efforts to downgrade an arrest for marijuana possession from a misdemeanor to the same level as a traffic ticket.

But many of them opposed the city's proposed fines of $100 for the first offense, and $200 for the second offense as too high. And they opposed a third arrest reverting to a misdemeanor charge, as proposed by Harrisburg Mayor Eric Papenfuse.

Papenfuse said the fines and "three-strikes rule" were structured to act as a deterrent because city officials aren't looking to decriminalize marijuana. Instead, he said, city officials want to lessen the penalties to allow for people to make small mistakes without harming their long-term economic opportunities.

Poor people who are arrested can seek community service instead of the fine, under the proposal, Papenfuse said.

Some suggestions posed by speakers at the meeting included:

• Lowering the fine to $25, which is the fine in Pittsburgh and Philadelphia
• Allowing more than three arrests before a charge reverts to a misdemeanor
• Adding a time limit for the three strikes rule, so an arrest as a teenager wouldn't count against someone arrested again as a 40-year-old.
• Keeping fines out of the city's general fund so the city doesn't "profit" from arrests. (Councilman Cornelius Johnson said he would only support the measure if fines went to drug treatment or programs to help youths.)
• Ensuring that arrestees don't lose their driver's license. As it stands, Pennsylvania law calls for a 6-month suspension for first offenses, a 1-year suspension for second offenses and a 2-year suspension for a third arrest.

District Attorney Ed Marsico appeared on the panel with city council members and  Harrisburg Police Chief Thomas Carter. He said further investigation was needed to determine if Harrisburg's proposal could avoid suspending driver's licenses.

Marsico said he had concerns about Harrisburg's proposal because it would be at odds with other municipalities in the county. When Philadelphia adopted a similar law, it applied countywide, he said.
The impetus for Harrisburg's proposal was to lessen the load on Harrisburg police officers who get tied up in court for marijuana possession cases and allow people a second-chance after making a minor mistake, Papenfuse said.

Another reason, he said, was to address the racial disparity that shows up in marijuana possession arrests. Crime statistics provided by the mayor Thursday night showed 366 arrests in 2013, 461 in 2014 and 433 in 2015. Black people were arrested over white people at a rate of nearly six to one.

The statistics revealed that the city's proposal may be limited in its scope. Out of last year's 433 arrests, for example, 23 people were arrested for marijuana possession alone, while 410 others were arrested for possession plus other charges. Those other charges, which could include possession of other drugs or drug paraphernalia, would not be reduced to the same level as a traffic ticket under the city's proposal.

After the meeting, Councilman Johnson said he was reserving his opinion on specifics about the proposal until after the second public meeting, but said he wanted to look more closely at the fines and three-strikes provision.

Papenfuse said he believes Harrisburg can be a leader to help push the state toward reducing penalties for marijuana possession and removing mandated license suspensions for offenders.