BILLS WOULD LESSEN PENALTIES FOR MARIJUANA

One Seeks To Reduce Possession To Violation

Two bills before state lawmakers aim to loosen marijuana penalties,
lessening the punishments for possessing smaller amounts of the drug
or doing away with any punishment altogether.

"None of the doom and gloom scenarios this bill's opponents may try
to scare people with have ever come to pass following
decriminalization," said Matt Simon, executive director of the New
Hampshire Coalition for Common Sense Marijuana Policy, regarding a
proposal to lessen criminal punishments for marijuana possession.
"It's time to reduce marijuana penalties in New Hampshire."

Easing marijuana punishments has become a perennial cause at the
State House, with some lawmakers making numerous attempts to legalize
the use of marijuana for medicinal purposes and diminish the legal
consequences of possession. Last year, an effort to remove criminal
penalties for marijuana possession and use failed.

Yesterday, backers of relaxed marijuana restrictions showed they're
taking a different tack. Rather than legalize marijuana possession
outright, one of the two bills before a House committee yesterday
would make the penalty for possessing less than 1.25 ounces of
marijuana a violation, rather than a misdemeanor. The violation could
bring a fine of no more than $200.

The bill's supporters cast the proposal as a way to keep marijuana
possession charges from blocking an individual's educational and
vocational opportunities, and they distinguished marijuana from other
forms of illegal drugs. Those convicted of marijuana possession can
"become ineligible for financial aid for college, cannot enlist in
the armed services and can even lose eligibility for employment,"
Rep. Jeffrey Fontas, a Nashua Democrat and the bill's sponsor, said
at a press conference before yesterday's public hearing. "This is a
bill about protecting the opportunity for young people to grow up and
be productive, fulfilling citizens in their communities."

Another bill - sponsored by Rep. Charles Weed, a Keene Democrat -
would permit the possession of up to a quarter of an ounce of
marijuana for medical or personal use. Weed also sponsored last
year's proposal to legalize marijuana use and sales, a bill that went
beyond what other states allows.

A subgroup of the House Criminal Justice and Public Safety Committee
will study the proposals.

But if yesterday's public hearing on reducing the penalties for
marijuana possession drew more supporters than opponents, several law
enforcement officials lined up against the proposed changes. The
attorney general's office threw its weight against the measure. Karin
Eckel, an attorney at the state Department of Justice, said that
marijuana possession already carries a lesser penalty than possession
of other illegal drugs. And Eckel deemed "troublesome" a portion of
the bill that appears to eliminate the penalty for selling up to 1.25
ounces of marijuana.

And Peter Morency, president of the New Hampshire Association of
Chiefs of Police, described the issue in terms of crime, pointing to
the high levels of crime that he said were drug-and-alcohol related.
"We look at this as another step toward legitimizing or legalizing
marijuana," Morency said.

But Bradley Jardis, who says he is a New Hampshire police officer and
member of the group Law Enforcement Against Prohibition (which
promotes an end to drug prohibition), countered that argument, saying
that alcohol users pose far more crime problems than marijuana users.

"In my time in law enforcement, I've been punched, kicked, choked,
thrown on the ground, jumped on on the ground by people who drink
alcohol," said Jardis, who declined to say where in New Hampshire he
worked as an officer. "This has never happened, in my experience,
with someone who just smoked marijuana.

"Criminalizing our kids, turning 16-year-olds into criminals for
using a drug that in my opinion is far less dangerous than alcohol,
which does nothing but ruin their lives," Jardis added.

Currently, possession of smaller amounts of marijuana is a
misdemeanor. Individuals convicted of such possession can receive up
to one year in prison and a $2,000 fine. Selling or cultivating
marijuana carries far tougher penalties.

State lawmakers throughout the nation have been considering changes
to marijuana penalties in recent years. Marijuana can be used for
some medicinal purposes in 11 states, according to the National
Organization for the Reform of Marijuana Laws.

New Hampshire lawmakers last year rejected a proposal to allow people
with debilitating illnesses to use marijuana for health purposes.

It's unclear how the marijuana-related proposals will fare in the Legislature.

But Simon is optimistic about the fate of the bill to make possession
of smaller amounts of marijuana a violation, rather than a misdemeanor.

"Last year we supported a bill that was far more radical and we
discussed what sort of things they would support," Simon said. "This
is within the parameters of that."