Mitchell Calls For Decriminalization Now To End Racial Disparities in Marijuana Arrests

Updated 2:30 p.m.–Del. Keiffer Mitchell, D-Baltimore City, offered a floor amendment today in the House of Delegates to strike another amendment adopted on Wednesday that would put marijuana decriminalization on hold for two years while a task force studies the issue.

He said the racial disparities in marijuana arrests can’t wait another two years.

“It is my belief and others that we in good conscious cannot allow a task force to take place for two years while there is racial disparity regarding the possession of marijuana and the [number] of arrests. We believe it is not something that should be continued to be studied…as the facts continue to stare us in the face,” Mitchell said.

Mitchell’s amendment leaves the Senate bill passed in March in its original form–with only a minor change that moves the effective date of the legislation from Oct. 1 to Jan. 1, 2015. The bill would make possession of 10 grams or less a fineable civil offense of up to $100.

The bill was special ordered until Saturday’s session to allow time to negotiate with House Judiciary Chair Joe Vallario, an opponent of decriminalization who authored the two-year task force amendment in committee on Wednesday.

Mitchell offered the amendment with Del. Nathaniel Oaks, D-Baltimore City.

“It puts the bill back in a posture of the Senate bill as it came over [to the House],” Mitchell said.

This Morning’s Story: MD Democrats Seek GOP Help to Pass Pot Decriminalization in 11th Hour

There’s still hope that marijuana decriminalization could pass in Maryland this year if the House of Delegates today can kill a new amendment passed by the House Judiciary Committee on Wednesday that appoints a task force to study the issue for two years — essentially kicking the can down the road.

The original bill that passed the Senate overwhelmingly in March would make possession of 10 grams or less a fineable civil offense.  But Del. Joe Vallario, the powerful chair of the House Judiciary Committee would not allow his committee to vote on the original Senate bill.

Committee member, Del. Michael Smigiel, R-Cecil, told the Spy on Friday that the original Senate bill would probably pass the House if brought to a vote.

“There will be a fight, the Democrats are “whipping” really hard on the floor to get Republicans to join,” Smigiel said moments before Friday’s session. “I will vote for decriminalization, [enforcement] has been a waste of time, money and manpower. We could be focused on much more important things.”

Smigiel told the Spy in a taped interview in February that law enforcement officials have spent their entire careers fighting a “lost war.”

He said decriminalizing marijuana would open up jail space for the most violent offenders.

“Take away the criminal aspect,” Smigiel said in the interview. “You can open up those jail cells for people who are rapists, murders and arsonists.”

Chestertown Police Chief Adrian Baker said “arrests for 10 grams or less are more common than arrests for amounts over 10 grams in Chestertown.”