GENERAL ASSEMBLY: CHANGE IN MARIJUANA LAW FACES LONG ODDS IN RICHMOND

RICHMOND - Radical legislation doesn't usually come out of
Gloucester, but Del. Harvey Morgan is pushing to reform Virginia's
marijuana laws so that possessing small amounts of pot is no longer
an automatic felony.

Morgan, a long-serving Republican pharmacist from Gloucester, is
sponsoring a pair of bills to overhaul how Virginia treats marijuana.
One bill would decriminalize marijuana possession -- turning an
automatic felony and 30-day jail sentence into a $500 fine. The other
bill would allow broader use of medical marijuana.

"I don't think either one will go very far to be honest," Morgan said
Monday. "I've never smoked marijuana myself, but I'm a pharmacist so
I feel I should be carrying this kind of legislation."

Morgan said he is expecting a significant amount of feedback and he
hopes it triggers an adult conversation about the drug, which has
gained a legal foothold on the West Coast. Morgan's effort faces long
odds in a capitol where officials brandish "tough on crime"
credentials.

Virginians busted with more than one ounce of weed would still face
the criminal justice system, but anything under an ounce would be
subject to a civil fine, much like a parking ticket.

"I want to stress that this isn't legalization," he said. "There will
still be a penalty, it just won't scar you for life."

Lawmakers in state capitols around the country are wrestling with
marijuana laws on a scale unmatched in recent years. Recent efforts
to relax punishments for marijuana possession have focused largely on
allowing sick people to use the drug as a treatment for diseases
like cancer, glaucoma and AIDS. Some cash-strapped states have toyed
with the idea of legalization as an avenue to raise money through
taxes on marijuana sales.

Supporters of decriminalization efforts argue that marijuana is less
harmful than alcohol and that prohibitions simply end up enriching
criminals. Further, supporters say that legal restrictions on pot
clog the judicial system with low-level users and gobble up police
time, effort and energy.

Opponents of more mellow marijuana laws say the plant is a so-called
"gateway drug" that puts users on a path to try more powerful and
harmful drugs like cocaine and heroin. Further, opponents say,
decriminalizing pot would give young people more incentive and
opportunity to try it.

Morgan, however, said he wants Virginia to start considering changes
because the state's current penalties for marijuana are too harsh.
Three times Morgan has sponsored a bill that would have allowed
someone convicted of marijuana possession to expunge the charge after
10 years. The bill failed to get out of committee twice in the House
and died in the Senate a final time.

"If you're 18 and you get caught with even the smallest amount, it's
a felony," Morgan said. "And a felony will stay on your record for
the rest of your life."

Morgan's second proposal would allow people with different diseases
to use marijuana for treatment. Current Virginia code allows patients
suffering from cancer and glaucoma to use cannabis for treatment with
a valid prescription from a medical doctor. Morgan said he wants to
allow people who suffer from other ailments to use marijuana for treatment.