Marijuana-related prison instances are clogging native courts in Pennsylvania and placing an pointless burden on scarce regulation enforcement sources, in accordance with a brand new examine from a justice reform advocacy group.
The Lehigh Valley Justice Institute, a nonpartisan analysis and advocacy group based mostly in Allentown, Pennsylvania, reviewed 27,826 prison instances of all types prosecuted in Lehigh County and Northampton County between January 2018 and March 2021. The group’s evaluation discovered that “marijuana criminalization slows our prison justice system” and places a pressure on “understaffed public defenders” within the two jurisdictions.
Based on the report, a complete of 4,559 (about one in six) of the instances included a marijuana cost. Amongst these instances, 96% additionally concerned an extra nonviolent offense, or co-charge. The evaluation additionally discovered that marijuana-related court docket instances took a mean of almost 5 months (162 days) to achieve a conclusion. The report famous that the longest-lasting marijuana-related case took 1,129 days, or greater than three years, to be resolved within the courts. The case additionally included one extra cost of disorderly conduct that was ultimately withdrawn by the district lawyer’s workplace.
A Waste Of Public Sources
Joe Welsh, the manager director on the Lehigh Valley Justice Institute, mentioned the report illustrates how prosecuting marijuana instances is increasing scarce public sources that would as a substitute fund efforts to deal with “actual crime.” Welsh additionally famous that close by states together with neighboring New Jersey have legalized adult-use hashish, additional illustrating the futility of continued prohibition. Regulated gross sales of adult-use hashish started in New Jersey in April after Governor Phil Murphy signed leisure marijuana laws into regulation in February 2021.
“Police are spending time charging individuals with marijuana offenses. That’s time taken away from critical crimes like rapes, murders and assaults,” Welsh said. “Significantly, contemplating that you may stroll throughout the Northampton Avenue Bridge between Easton and Phillipsburg and buy marijuana.”
Beneath Pennsylvania state regulation, marijuana possession is assessed as a misdemeanor offense carrying penalties of as much as $500 and a jail sentence of as much as 30 days. Nonetheless, native legal guidelines handed in Allentown and Bethlehem in 2018 diminished such fees to abstract offenses, which don’t require a suspect to be arrested. As an alternative, these convicted of a abstract offense can keep away from jail time and pay a advantageous as little as $25 for a primary offense.
The native reforms have been designed to present regulation enforcement officers extra discretion when implementing marijuana prohibition legal guidelines. However Lehigh County District Legal professional Jim Martin has circumvented the native reforms by requiring law enforcement officials within the county to file state fees for marijuana offenses.
“Native metropolis councils don’t have the facility or authority to deviate from state regulation,” Martin instructed lehighvalleylive.com in an e mail. “The state regulation preempts the sector. I took an oath to uphold the U.S. and Commonwealth constitutions; subsequently, I don’t resolve to implement solely the legal guidelines I select to implement. I implement the regulation as written.”
Pennsylvania Governor To Pardon Marijuana Convictions
The report from Lehigh Valley Justice Institute comes at a time of elevated deal with the impression of marijuana-related convictions within the Keystone State. In September, Pennsylvania Governor Tom Wolf introduced that he would pardon convictions for eligible marijuana offenses, together with some instances that embrace a nonviolent co-charge.
“Pennsylvanians convicted of easy marijuana fees are mechanically disqualified for thus many life alternatives: jobs, schooling, housing, particular moments with household. That is fallacious,” Wolf said in a press release from the governor’s workplace. “In Pennsylvania, we imagine in second possibilities – I’m urging these eligible to use now, don’t miss your likelihood to forge a brand new path.”
At a latest look in Monroe County, Wolf reiterated his help for legalizing marijuana regardless of a scarcity of consideration on the matter from lawmakers, noting the nice that complete hashish coverage reform can foster within the state of Pennsylvania.
“To this point, there was no motion to advance laws,” Wolf mentioned final month. “So, I’m right here at present to ask once more, and to deal with two specific advantages of legalization – potential financial progress and much-needed restorative justice.”