PANEL VOTES TO EASE PENALTY FOR POT POSSESSION

MONTPELIER -- Those who wanted marijuana legalized didn't get their
way Thursday. Neither did those who wanted the Senate Judiciary
Committee to leave the marijuana possession laws alone.

The committee voted 4-1 to tweak the penalties for possession of
small amounts of marijuana. No longer would jail time be an option
for those caught with an ounce or less. Instead, all such offenders
would be eligible for court diversion, a process by which their
criminal record could be erased.

"I know a lot of people wanted decriminalization. We're not going to
do that," said Sen. Richard Sears, chairman of the Senate Judiciary
Committee. "This is better than decriminalization."

Kathleen Daye, a retired Waterbury physician who followed the
committee's deliberations, said the bill wouldn't really change
anything, but the debate was worthwhile. "What it will do is keep
the conversation going," she said.

The committee had considered proposed legislation to decriminalize
possession of 4 ounces or less of marijuana. Members found the
amount and the notion of decriminalization troublesome.

They settled instead on squaring the law with the reality of how
such cases are handled. Those caught with small quantities of
marijuana typically are offered court diversion, though the law
allows for up to six months in jail and a $500 fine.

Sears said he wanted all offenders throughout the state to be
treated the same. If one is offered court diversion, they all should
be, he said.

By decriminalizing possession, offenders would not face a criminal
record, but they would have a civil record. Sears said that could
put them at risk when applying for a job or federal housing assistance.

The committee debated how much marijuana qualified as a "small"
amount that should not yield jail time. Sears suggested 2 ounces.
Sens. John Campbell, D-Windsor, and Kevin Mullin, R-Rutland,
insisted on 1 ounce. Sen. Alice Nitka, D-Windsor, cast the lone vote
against the bill. She was concerned that changing the law
would send the wrong message to youths that marijuana is acceptable.

Jane Woodruff, executive director of the Department of State's
Attorneys and Sheriffs, said the lack of jail time for first and
second offense of 1 ounce or less is not a problem for prosecutors.
"No one on first-or second-time marijuana goes to jail unless
there's something else going on," she said.

What might be problematic, though, is the notion of
the Legislature's ordering state's attorneys to treat cases a
certain way, she said. That could be a breach of the separation of
governmental branches that she plans to look into as the bill goes
through the legislative process.

If the bill passes the full Senate next week, House Judiciary
Committee Chairman William Lippert, D-Hinesburg, said he will take
it up. He said he's interested in looking at the resources that go
into handling small possession cases.

Sen. Jeanette White, D-Windham, who sponsored the original bill,
said she'd vote for this change. "It's a step in the right
direction," she said.

Gov. Jim Douglas questioned whether the change is worth spending
time on. "This is not what's most important to the working families
of Vermont," he said.