Ebbin Proposes Decriminalizing Marijuana Possession

State Sen. Adam Ebbin and Del. Kaye Kory are pushing to decriminalize marijuana possession in Virginia. Ebbin is the chief sponsor of the bill and Kory is a co-patron.

Ebbin, a Democrat, represents Virginia’s 30th District which includes the City of Alexandria as well as parts of Arlington County and Fairfax County. Kory represents the 38th District, which includes neighborhoods in Annandale, Lake Barcroft and Lincolina.

In Virginia, of the 23,402 marijuana-related arrests reported by state law enforcement in 2012, 89 percent were for possession, according to theMarijuana Policy Project.

Earlier this year Maryland became one of 18 states to decriminalize marijuana possession; 23 states permit medical marijuana use. Decriminalization typically means, according to NORML, no prison time or criminal record for first-time possession of a small amount of marijuana for personal consumption, DelMarVaNOW reported. NORML advocates for legalizing marijuana possession.

In New York City, authorities announced earlier this month that police will stop arresting people for “low level” marijuana charges and issue tickets instead.

If passed, the bill would decriminalize simple marijuana possession in Virginia, changing the current $500 criminal fine for possession to a maximum $100 civil penalty, payable to theLiterary Fund and eliminating a 30-day jail sentence.

The bill would also:

• Reduce the criminal penalties for distribution and possession with intent to distribute marijuana.
• Create a rebuttable presumption that a person who grows no more than six marijuana plants grows marijuana for personal use and not for distribution and provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations or to civil violations by a minor.
• Remove marijuana from a statute making it a Class 1 misdemeanor to distribute or display advertisements, etc., for instruments used for marijuana and from the common nuisance statute.
• Make the distribution of paraphernalia statute only apply to an adult who distributes to a minor at least three years his junior.
• Limit forfeiture of property from sale or distribution of marijuana to quantities of more than one pound; currently there is no minimum amount.
• Change the penalty for possession of marijuana by a prisoner, reducing it from a Class 5 felony to a Class 6 felony.

The General Assembly is scheduled to gavel into its next session on Jan. 14, 2015 in Richmond.

Read more about Virginia’s current marijuana laws on NORML’s Web site.

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