Medical marijuana bill languishes in committee … again.
After sailing through the House
(97-2) and Senate (38-0), H.B. 463 — a
sensible
sentencing reform bill that reduces the penalty for up to eight
ounces of marijuana — was signed
into law by Gov. Steve Bashear (D) on March 3.
On June 24, the new law went
into effect, reducing personal possession of less than eight ounces of
marijuana from a Class A misdemeanor, with a penalty of up to a year in jail,
to a Class B misdemeanor, with a maximum 45-day jail term.
Additionally, it appears that
individuals solely accused of marijuana possession will be cited — not arrested
— under H.B. 463. If there are reasonable grounds to believe the individual
will appear in court, H.B. 463 provides that police may not arrest people for
misdemeanors. There are some exceptions that should not apply when the only
issue is marijuana possession and the defendant follows reasonable
instructions.
H.B. 463 will also reduce penalties
for other low-level drug offenses to probation and addiction treatment, rather
than prison. Currently, one fourth of Kentucky’s prison population is serving
time for drug-related offenses. H.B. 463 was based on the recommendations from a
report by the Task Force on the Penal Code and Controlled
Substances Act, which was created to find cheaper alternatives to
incarceration.
In preparation for next year’s session, let us now all work together to
encourage lawmakers to further improve marijuana policies and law enforcement
priorities. Please ask
your legislators to support reducing the penalty for marijuana possession to a
non-criminal fine, as is the case in Mississippi and Ohio.
Learn
more about Kentucky's marijuana laws
Dubiously, Kentucky is tied for
third in the nation in marijuana arrest rates and marijuana penalties for possession
of one ounce (which, until June 24, 2011, carries up to one year in jail along
with a $500 fine). In 2007, Kentucky arrested a whopping 20,329 people for
marijuana offenses. Please write to your legislators and ask
them to stop arresting people for possessing marijuana, or
to
end marijuana prohibition entirely. You can learn more about
Kentucky’s marijuana laws by reading this report by
economist Jon Gettman, Ph.D.
Medical
Marijuana
Sadly, not one
Kentucky legislator came forward in 2011 on behalf of sick and dying patients
who use medical marijuana to introduce a stand-alone bill to protect them. Please
send your state legislators an email today letting them
know that you still hope to see legislative language introduced in 2012 that
would provide medical marijuana patients with the protections they need. In
addition to writing your legislators, you can find out how else you can help here.
If you are supportive and are a medical professional, a seriously
ill patient who might benefit from medical marijuana, a law enforcement
official, a clergy member, or a member of the legal community, or you know
someone else that is, please email state@mpp.org
to see how you can be of special help. Please include your address or
nine-digit ZIP code.
Stay
Connected
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marijuana policy reform in Kentucky, be sure to subscribe to
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