The recent marijuana decriminalization debate was, again, discussed at a Memphis City Council meeting Tuesday.
Councilman Berlin Boyd had previously proposed the ordinance for the decriminalization of marijuana for those who are caught with 14 grams or less on their first offense.
Boyd’s motion for the ordinance changes the current laws pertaining to marijuana offenses, which are that first time offenders are issued a citation that requires booking and processing, fined $250 to $2,500 and can end with a sentence of up to a year in jail, to a less significant consequence of a $50 fine and possible community service.
Boyd’s argument is that the current punishment is too strict, and if this ordinance is passed, the positive outcome would be that there will be more room in our jails for more severe crimes.
According to the American Civil Liberties Union, four African Americans are arrested for marijuana possession to every one white, despite the fact both races consume marijuana at the same rate. There were over 20,000 marijuana cases entered into the Shelby County system last year resulting in arrests.
Money saved on arrests and the number of people jailed could be the most immediate effect to take place if the ordinance was to be implemented.
The Federal Register states that it costs the city $83.89 per day, or $30,619.85 per inmate, to spend a year in jail. Memphis spends over $9.5 million in enforcing marijuana laws. The decriminalization ordinance could save tons of money in the long run.
Boyd’s argument is that these offenses are extremely minor but still have a negative impact on the families of those charged and many futures are jeopardized.
If passed, the ordinance would help each member of the Memphis community caught possessing small amounts of marijuana by protecting the futures of the younger demographic from petty misdemeanor charges being attached to his or her record.
Atarrah Jones, University of Memphis senior economics major said she thinks lessening the penalty for simple marijuana would help the city of Memphis more than hurt it.
“This ordinance could help open more space in the jails for people who need to be jailed for worse crimes,” Jones said. “This saves the city millions of dollars.”
The ordinance was motioned by the council to move forward Aug. 23 and has raised concern of public leaders.
Boyd took notice to these concerns and tried to amend the ordinance by making revisions to give police the discretion to enforce the current criminal laws or charge the new $50 fine and possible community service, to exempt offenders younger than 18 of the new ordinance, to move charges from criminal courts to civil courts and to scale the fine from $75 for the first violation up to $450 for the fourth and subsequent violations. However, there is a state constitution that puts a cap on fines the city can charge at $50 for a civil charge.
There is currently research being done for possibilities of additional penalties the constitution may allow, but city courts will be allowed to waive the fee and order 10 hours of community service for violation up to 40 hours.
District Attorney Amy Weirich claims the ordinance is not necessary, and the current laws need no changing. Weirich said her office “only dealt with about 300 pot-only cases last year,” and most cases involve some other offense with a marijuana offense. Those charged with more than one criminal charge at a time are the ones who receive jail time.
Police director Michael Rallings told city council members the ordinance would create a loophole for drug dealers and encourage pot smoking, which could ultimately increase joblessness.
Mayor of Memphis Jim Strickland is open to the discussion of the ordinance but hasn’t taken the position yet, stating he wants to learn more from the experts about potential benefits of the proposed ordinance.
Still there are some who feel that people would not take this ordinance seriously by brushing off the severity of the situation because it is just a $50 fine. Boyd argues that any punishment would be taken seriously and lessening the punishment of possible jail time will save the city money for inmate’s jail and time for petty possession charges.
Sophomore criminal justice major at the U of M Jason Dixon thinks possession of 14 grams or less is not such a big deal.
“The plant has been proven to help treat mental and physical medical conditions,” Dixon said. “It has also been legalized in several states. Lessening the penalty in Memphis is a great idea. It’s not like people are going to stop smoking, why waste money penalizing so harshly over something so minor.”
The city council is set to vote on this ordinance Oct. 4.
