Tuscaloosa Council Committee Approves TPD Citations For Low-Level Marijuana Offenses

TUSCALOOSA, AL — Tuscaloosa Police Chief Brent Blankley presented a plan to the Tuscaloosa City Council's Public Safety Committee on Tuesday that, if passed, would see certain low-level marijuana offenses charged by to a simple citation, as opposed to a trip to the county jail.

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The measure passed the Public Safety Committee unanimously and will be taken up by the full Council at next week's meeting, City Attorney Scott Holmes explained. If passed, he said the code change would either take effect June 1 or July 1.

The offenses covered would be second-degree marijuana possession, improper ID, possession of drug paraphernalia, and other low-level misdemeanor offenses. At present, those charged with second-degree possession of marijuana in Tuscaloosa Municipal Court is maximum penalty of 180 days in the county jail and a fine not to exceed $500.

Blankley told Patch in a phone interview following the vote that this has been a long time coming for a department that is continually looking to innovate. For instance, both the police chief and city attorney said it takes an officer two hours on average to return to the field after making an arrest — a strain in resources that would be alleviated in a big way if officers are given the discretion to issue citations in certain instances.

"We feel like it can be handled with a ticket and it will save us time, especially with the cooperative people that are caught with it," Blankley said. "They know they have to go to court. It also saves us money because they are not taken into the jail, so we don’t have to pay for them."

However, as Blankley pointed out to the council members: "If you fight us or run from us, you're going to jail for your marijuana."

"Officers will still use officer discretion and it’s just like an open beverage [citation] we do now," he said. "It’s the same basis as that, so we’re hoping if you do have a dime bag in your car, we’ll pull you over and we’ll give you a ticket and you go on your way."

As it stands for the state, those found guilty of misdemeanor possession of marijuana in Alabama face up to a year in prison and fines up to $6,000. And as numerous reports from advocacy groups have stated, the state spends $22 million in taxpayer money every year enforcing marijuana laws that are becoming increasingly archaic when compared to laws in other states, including neighboring Mississippi.

In Mississippi, for example, individuals found to be in possession of less than an ounce of marijuana — 30 grams — are fined $250 for their first two offenses and are fined no more than $1,000 for their third offense. There is no jail time associated with misdemeanor marijuana arrests in Mississippi.

Conversely, State Sen. Bobby Singleton, a Democrat from Greensboro and a member of the Tuscaloosa County legislative delegation, is the sponsor of SB160. If passed and signed into law, the measure would impose a fine of $250 for those found to be in possession of less than an ounce of marijuana.

Singleton's bill was recently given a favorable report by the Senate Judiciary Committee and can be read in full by clicking here.

In Tuscaloosa, though, Blankley hopes the measure finally has the momentum to be signed into law.

"I think the city council is in favor of it," he said. "We’re always trying to be innovative at the police department and this has always been something that’s weighed on us in the past. Not as many people will actually go to jail and there is always overcrowding, so we think this will be much better for the community."

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