Connecticut


Wilton Legislators Say No To Lax Marijuana Laws


Many say it’s high time that marijuana laws become more lax — and in some cases disappear altogether — but if Wilton’s three representatives have their way, a bill that would decriminalize possession of up to one half-ounce of marijuana wouldn’t reach Gov. M. Jodi Rell’s desk.

Last month, Senator Toni Boucher, Rep. John Hetherington and Rep. Peggy Reeves, despite their political differences — Ms. Boucher and Mr. Hetherington are Republicans, while Ms. Reeves is a Democrat — all voted against Senate Bill 349, An Act Concerning the Penalty for Possession of a Small Amount of Marijuana.

The measure — which would impose a $250 fine, payable like a speeding ticket, on those in possession of up to a half-ounce who are over 18 — passed the legislature’s judiciary committee by a vote of 24-14, but, in order to become law, would have to pass the House and Senate, then get Gov. Rell’s signature.

Currently, state law indicates that a first time offender in possession of less than four ounces of marijuana faces a $1,000 fine and/or one year of incarceration; a subsequent offense carries a $3,000 fine and/or five years of incarceration.

“What’s disturbing to me is that every year there are different types of bills — last year there was a medical marijuana bill, this year a bill to remove drug-free zones around school,” Ms. Boucher said. “This is just part of a nationwide effort to go state by state to decriminalize marijuana and other drugs.”

Ms. Boucher said there is medical evidence showing the “tremendous harm” marijuana causes. She said that marijuana smoke is “four to five times more deadly” than tobacco smoke “because of the retention of that smoke in the lungs.”

Ms. Boucher also said that while not every pot smoker moves on to harder drugs, “every addict did start smoking pot.”

Mr. Hetherington opposes this measure also, but for different reasons.

“My main objection is I think this is really the legislature ducking the issue,” he said. “If you want to decriminalize marijuana, let’s have the debate on it. Let’s not nibble around the edges. If you’re going to reduce the penalty to an infraction, why even have a penalty at all?”

Mr. Hetherington said he supports having the discussion of whether society thinks it’s time to legalize marijuana altogether.

But as for those who would be in possession of the marijuana, he said they’d have already broken the law. 

“People who have small amounts of marijuana broke the law when they bought them,” Mr. Hetherington said. “It is an unlawful transaction to engage in purchase and sale of a controlled substance.”

Martin Looney, a Democrat from New Haven who is Senate majority leader, along with fellow Democrat Senator Toni Harp, introduced the bill.

“I think it makes sense to have criminal justice resources allocated differently than they have in the past,” Mr. Looney said. “I don’t think it makes good policy sense to make those charged with possession of small amounts of marijuana branded as criminals for their entire lives.”

Mr. Looney said the state could potentially save $11 million by decriminalizing this bill, and generate roughly $325,000 in new revenue from the fines.

“Theoretically there will be substantial savings for the state and local police authorities,” he said, adding it is expensive to prosecute these kinds of cases and that, whereas in the past, when charged with a crime, defendants could opt to use a public defender, but are not granted this option when charged with an infraction.

Mr. Hetherington questioned the $11-million savings.

“I think it’s highly speculative what it would save the state,” Mr. Hetherington said. “I believe there is a minuscule number of people who have been sent to jail for possession of this amount of marijuana. I think that believing this would suddenly relieve the criminal justice system of an enormous burden of enforcement is an illusion. I just don’t think the savings are there.”

Ms. Boucher said whether there would be $11 million in savings doesn’t matter.

“Absolutely it is important to spend this money. Is it too expensive to prosecute burglary?” she said. “It is the most unfounded argument I have ever heard: promoting criminal activity for a financial gain. Money is pushing this issue, at the expense of the health and welfare of our adults and young people.”

“It is just beyond me. I think it is unethical and irresponsible on the part of any legislator that votes in favor of promoting an activity that is unhealthy for constituents.”

Ms. Reeves could not be reached for comment.

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