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Community Corner

Jury Still Out on Decriminalization of Marijuana in Connecticut

East Haven Police Department has issued about a dozen tickets under new law, allowing officers to return to other duties quicker, according to Deputy Chief John Mannion.

The jury is still out on the new marijuana decriminalization law that went into effect over the summer.

The law, which took effect on July 1, reduced possession of small qualities of marijuana or smoking paraphernalia to a violation on the order of a traffic ticket, which supporters said would free up law enforcement and judicial resources for more serious crimes.

Opponents said the decriminalization of quantities under one-half ounce would have a negligible effect, because no one was sent to prison simply for possessing a small quantity of the psychotropic weed.

The decriminalization bill passed 90-57 in the state House, but squeaked through in the state Senate when Lieutenant Gov. Nancy Wyman voted for it to break an 18-18 tie.

A Quinnipiac Poll in March said that Connecticut residents favored decriminalization by a 65 percent to 32 percent.

Statistics provided by the Office of Policy and Management, which compared marijuana arrests statewide for the July-September period in 2010 and 2011, showed that arrests are down overall, and that more than half of those during the 2011 period fell under the new law.

According to the statistics, provided by Michael Lawlor, Undersecretary for Criminal Justice Policy and Planning, there were 3,057 misdemeanor arrests for marijuana possession during the three-month period in 2010.

During the same period in 2011, there were 744 misdemeanor arrests and 1,203 decriminalized violations.

Under the old law, possession of less than four ounces or drug paraphernalia containing marijuana residue was a misdemeanor punishable by a year in jail and a $1,000 fine. Possession of more than four ounces is a felony with more serious penalties.

The decriminalization law, Public Act 11-71, reduced the penalty for possession of one-half ounce or less to a $150 fine, to a $200 to $500 fine for the second offense, and the higher fine plus referral to a drug awareness program for the third offense.

Anyone under age 21 also faces a 60-day driver’s license suspension. Penalties for possession of more than one-half ounce remain the same as before.

A person charged under PA 11-71 can mail in the fine the same as paying a traffic ticket. There is no need to appear in court.

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Lawlor, who was an East Haven state representative before he was appointed to the OPM post by Gov. Dannel Malloy, said the statistics show that decriminalization has resulted in noticeably fewer drug cases taking up the time of judges and prosecutors in court.

He said most of those minor drug arrests previously would have required three or four court appearances before the offender was sentenced to a community service program.

“That’s a lot of paperwork and hassle,” Lawlor said.

Chief State’s Attorney Kevin Kane, who opposed the decriminalization law when it was debated by the Legislature earlier this year, said he hasn’t noticed any change from the decriminalization law.

“We haven’t see much difference,” Kane said. Judging by comments from prosecutors, “I haven’t heard anything that anyone else saw much difference,” he added.

Kane disagreed that the paperwork for minor marijuana possession cases had burdened prosecutors much, because the only persons sent to jail were arrested for other charges as well.

“We’re not sending people to jail for possession of marijuana alone,” he said.

The only difference noted by local police was that violators with small amounts of marijuana no longer had to be processed at the police station.

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According to Deputy Chief John Mannion of the , violators are now issued a ticket and sent on their way.

Mannion said he didn’t look at that as a money-saver, but it did free up the police officer to return to other duties faster.

Although he didn’t have exact statistics, Mannion said he believes East Haven officers had issued about a dozen violations since decriminalization went into effect.

“We’re still making the same amount of arrests,” said Capt. Ronald Smith of the Hamden Police Department. “We’re just giving out infractions.”

“We’re happy with the way the law has gone forward,” said LaResse Harvey, policy director for The Better Way Foundation, which supported decriminalization.

She said decriminalization has reduced arrests for possession within 1,500 feet of a school.

Attorney Jack O’Donnell, who represents about 50 drug offenders a year at New Haven Superior Court, said decriminalization might result in an increase in arrests for intent to sell when the violator is caught with marijuana in more than one container.

He said decriminalization reduces the incentive of drug users to help the police to catch dealers, so that is an incentive for police to charge more people with trafficking.

In the case of a hypothetical marijuana dealer, “If nobody’s giving up Joe Blow’s name, then Joe Blow can operate with impunity,” O’Donnell said.

But O’Donnell said he hasn’t heard local lawyers comment that there have been fewer marijuana possession defendants since decriminalization went into effect.

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