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Bill proposes lesser charges, higher fines for pot possession

HARRISBURG, Pa. — State legislators propose some changes to the law for marijuana possession. People caught with pot in their possession in Pennsylvania c...

HARRISBURG, Pa. -- State legislators propose some changes to the law for marijuana possession.

People caught with pot in their possession in Pennsylvania could soon face a lower offense, but higher fines.

Marijuana advocates spoke out against an upcoming vote on HB 1422 by the state House Judiciary Committee.

Just as the state is finalizing regulations for medical marijuana, it seems the focus has turned to changing the penalties for recreational use.

A few state legislators want people caught with pot to pay up.

House Bill 1422 sponsor, state representative Barry Jozwiak (R-Berks County) said "The courts in Pennsylvania are overloaded, with small possession, with cases of small possession of marijuana. It's a very expensive thing for the taxpayers to pay for."

Rep. Jozwiak wants the users of recreational pot to cover the high costs of getting high. He said a survey of ten counties shows it costs $26 million to recover $2 million in fines.

"The officer would simply offer them a non-traffic citation, they would then take that to a magisterial district office, and pay a fine. That can happen with the first and second offense," Jozwiak said.

Anyone caught would be charged with a low level summary offense, but repeat offenders caught a third time would count as a misdemeanor.

"They would be required to go back into common pleas court, and our thinking there is, that gives the judge the discretion in case this person would need rehabilitation,"Jozwiak said.

House Judiciary Committee chairman, Rep. Ron Marsico (R-Dauphin county) said "the important part of this is to unclog the criminal justice system, free up our courts, free up our prosecutors, free up our law enforcement personnel so they could target more serious offenses."

The committee did not take a vote yet on HB 1422 on Tuesday.

It remains at the committee stage as the bill's sponsors say there are a few other things to address with it, and a few changes to make. as they say they want to get it absolutely right.

"The bill would target anybody that is caught with one ounce or less, of marijuana, or eight grams of hashish to move it from the court of common pleas, to the magisterial district courts,"Jozwiak said.

Some ask if it would be difficult or confusing to enforce with some cities decriminalizing pot.

"What this should actually do is stabilize the marijuana charges for every city, township, borough in Pennsylvania," Jozwiak said.

Some marijuana advocates who gathered at the Capitol Tuesday, said the bill would charge too much and doesn't accomplish enough.

Regulated substances attorney Gabe Chorno said "high fines regarding these offenses are really overly prejudicial to minority's, and the African-American community. If you're arresting a young African-American, $500 is a fortune to him."

Several marijuana advocates voiced other concerns about the bill.

"I'd like to see them make a summary offense, and follow the Philadelphia model, that allows for a $25 fine, if you're caught in possession, or a $100 fine if you're caught consuming," Chorno said.

Many also spoke out against the lack of legal protection for medical marijuana patients waiting for the state to finalize its regulations.

"The DA's in Pennsylvania have said that they're going to treat these cases on an individual basis, decriminalization is the only way, to safely protect the residents and patients of Pennsylvania," Chorno said.

"We thought that they would be pleased by this legislation, but obviously they're not. They want to go further, and we're not going in that direction," Marsico said.

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