N.H. BILL WOULD DECRIMINALIZE MARIJUANA

Two first-term state representatives from Nashua have filed
legislation to decriminalize the possession of up to 0.25 ounce of
marijuana, hoping that New Hampshire might join 12 other states that
have decriminalized the possession of small amounts of pot.

The bill, which is expected to be voted on by the House next month,
would make the possession of such quantities a civil violation that
would carry a $200 fine instead of a criminal misdemeanor that could
result in up to a year in jail and fines of up to $2,500.

"I think the penalty should be reduced.

Young people are experimenting, and if they make a bad choice, their
conviction shouldn't come back to haunt them later in life," said
Representative Andrew Edwards, a 21-year-old Nashua Democrat who
cosponsored the bill. "The culture is changing, and I think the law
should reflect those changes.

Nonviolent drug offenders shouldn't be locked up with career
criminals." But Nashua Police Chief Donald Conley, among others, said
it would be a mistake to take the sting out of the law. "Generally
speaking, I don't support it," he said of the legislation. "I think it
sends the wrong message.

If we say it's OK to possess a small amount of marijuana, some will
think it must be OK to use it, and others will think it is OK to sell
it." On Feb. 14 , when a working group of the House Criminal Justice
and Public Safety Committee voted, 4 to 1, in favor of the lighter
penalty, it was the first time in more than 20 years that a group of
Granite State legislators had recommended the decriminalization of
marijuana.

On Feb. 19, however, the full committee voted, 13 to 5, to recommend
that the House not pass the law. The bill is scheduled to go before
the full House March 5. Representative Jeffrey Fontas, another
21-year-old Democrat from Nashua, who cosponsored the legislation,
said he was not surprised the full House committee did not approve
the bill. "But we did have an open discussion of the issue. "Mistakes
early in life, like a possession charge, can be devastating to the
futures of our young people," said Fontas, adding that a single drug
arrest can lead to the loss of a college scholarship, the ability to
serve in the military, subsidized housing, and federal welfare like
food stamps. Conley said it is rare for first-time offenders to get
jail time for possession of small amounts of marijuana. "As far as
someone getting arrested and their lives being ruined, I don't think
that that's the case," he said. "Employers are more forgiving in this
day and age, and police prosecutors frequently reduce marijuana cases
down to violations. The threat of criminal prosecution gives them
leverage to encourage youths to attend a drug rehabilitation program."
Hudson Police Chief Richard E. Gendron said he is also opposed to the
bill. "It's a slippery slope that won't lead us anywhere.

I think it will lead to an increase in use, especially among
children." Gendron said the law would be difficult to enforce. "I
don't think I want my officers to be put in the position of measuring
small amounts of marijuana." Matt Simon, executive director of the New
Hampshire Coalition for Common Sense Marijuana Policy, said it was
clear from the House committee's actions this month that legislators
"are becoming increasingly concerned about the unintended consequences
of marijuana prohibition." "Based on this vote," he said, "it seems
discussing sensible marijuana policy still makes some people
uncomfortable. But people are talking, and they're realizing the
consequences of penalties far exceed the offense they're supposed to
correct." Simon said 12 states - including Maine, Mississippi,
Nebraska, New York, North Carolina, and Ohio - have passed laws
similar to the House bill. In Massachusetts, the possession of any
amount of marijuana is a criminal misdemeanor carrying a penalty of
up to six months in jail and a fine of as much as $500. Simon said:
"We're expecting a lively debate" before the full House.