Rhode Island Decriminalizes Possession Of Small Amounts Of Marijuana

Two days ago, Rhode Island governor Lincoln Chafee signed a new bill into law. The bill decriminalizes the possession of an ounce or less of marijuana. Under current law in that state, a person possessing less than an ounce of the gentle herb would be guilty of a criminal misdemeanor -- punishable by up to a year in jail and/or a $500 fine. The new law would make possession of less than an ounce a civil offense, much like a traffic offense, and would be punishable by a $150 fine only. Here is specifically what the new law would do:

• Individuals over the age of 18: Possession of up to an ounce of marijuana for individuals 18 and older will be penalized with a $150 civil offense and forfeiture of the marijuana for the first and second offenses within 18 months.

• Individuals under the age of 18: Possession of up to an ounce of marijuana by individuals under 18 will subject these minors to the same civil violation as adults for a first or second offense within 18 months. The minor offender will also be required to attend a drug education course as well as perform community service.

• Failure to provide identification or to honestly give name: Law enforcement may arrest an individual found in possession of up to an ounce of marijuana if he or she fails to produce picture identification when requested or he or she fails to honestly provide his or her name.

• Failure to pay fines: The civil fine will double to $300 if not paid within 30 days of issuance and double again to $600 if it has not been paid within 90 days.

• Civil violations for marijuana possession will not be grounds for revocation of parole or probation.

• Subsequent offenses: For all individuals found in possession of up to an ounce of marijuana, a third offense within 18 months could result in a misdemeanor conviction punishable by up to 30 days in jail and/or a fine of up to $500.

The new law will now go into effect on April 1, 2013 ( about 9 months from now). This is an improvement over existing law, but it is still not enough. It makes no sense for marijuana possession to be subject to a fine when the possession of other, much more dangerous drugs (like alcohol and tobacco), are legal for an adult to possess.

Why not make marijuana legal and subject to the same regulations as alcohol? That would still keep marijuana out of the hands of people under the age of 18 (at least as well or better than current laws do), and it would allow local, state, and federal governments to tax it heavily -- providing a much-needed new source of revenue ( a revenue stream that would be much larger and steadier than the collection of fines).

It makes no sense to keep marijuana illegal -- especially in a country that prides itself on individual freedom.