Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, March 22, 2019

Spotlighting "a hazy cannabis stalemate" after Baltimore State’s Attorney says she will stop prosecuting these cases and police resist change

This new CityLab article by Ethan McLeod reports on the notable state of marijuana affairs in the city of Baltimore. The Full headline and subheadline provides the basics: "For Weed Arrests in Baltimore, It’s Catch-and-Release Season: Baltimore prosecutors won’t charge people for marijuana possession, but police are still making arrests. Result: a hazy cannabis stalemate." Here is an excerpt from the story, with links from the original:

Mosby’s move added Baltimore to a growing list of cities where prosecutors are dropping cannabis offenses en masse and moving to purge thousands of conviction and charges. From New York to Philadelphia to Houston to St. Louis and elsewhere, these efforts share a common goal: Reduce enforcement of drug laws proven to largely target African Americans, and free up resources for prosecutors and cops to focus on more serious crimes.

In most cities, district and state’s attorneys are pursuing these reforms with the cooperation—albeit sometimes grudging—of police and city leaders. Even if they lack enthusiastic endorsements from police, they’re already working with officials and police departments that have instructed officers to hand out tickets or criminal summonses in lieu of arrests for possession (often of around an ounce).

But not in Baltimore. Here, police have pledged to keep following the letter of the law, which states that possessing anywhere from 10 grams to 50 pounds of cannabis is a misdemeanor statewide—and using cannabis arrests as a means to an end. “Arresting people for marijuana possession is an infrequently used, but sometimes important, law enforcement tool as we focus on violent crime and violent criminals in Baltimore,” BPD’s chief spokesman Matt Jablow said in an emailed statement.

Baltimore Mayor Catherine Pugh isn’t on board with the policy, either: She’s said that she supports the principle behind Mosby’s move, but that “those who deal illegal substances fuel criminality in our neighborhoods which leads to violence.” Pugh called on prosecutors and police to craft a singular approach to possession, but has been silent on advocates’ subsequent calls to push BPD to cease arrests.

All this is happening in a city whose struggles with corruption and violent crime have made it the focus of growing national attention. The city also has a new police commissioner, former New Orleans police superintendent Michael Harrison. He recently told city council members he’s met with Mosby about their conflicting policies and insisted that the BPD has been de-prioritizing possession arrests since decriminalization of up to 10 grams took effect in 2014. (Arrest data, however, shows hundreds are still being arrested annually, almost all of them black, and the same pattern goes for citations.)

“Our policies align with the law, and the law didn’t change,” Harrison told council members. And, he argued, even if possession is nonviolent in nature, “it doesn’t always mean that a person caught with simple possession of marijuana is a nonviolent offender.”

Like other prosecutors charting the cannabis-decriminalization course, including Philadelphia’s Larry Krasner and St. Louis’s Kim Gardner, Mosby has drawn varied criticism for the policy. Defense attorneys have argued that without BPD buy-in, the pledge amounts to “virtue signaling” by Mosby, whose prosecutors can elevate cases to possession with intent to distribute—a crime they’re still pursuing—at their discretion. Vacating and expunging the cases has already proven to be challenging for her office, given that many of them included charges other than possession. Dropping them could have unintended repercussions, as for someone who violated probation because of a weed arrest.

More broadly, Mosby’s policy risks exacerbating the rift that has grown between her and BPD since her high-profile decision to charge six officers in the killing of Freddie Gray, the 25-year-old man who died in police custody in April 2015. Three of those officers were acquitted; charges were dropped for the rest. (Mosby’s office did not respond to requests for comment from CityLab.)

Prior related post:

Baltimore State’s Attorney says no more prosecutions of marijuana possession offenses

https://lawprofessors.typepad.com/marijuana_law/2019/03/spotlighting-a-hazy-cannabis-stalemate-after-baltimore-states-attorney-says-she-will-stop-prosecutin.html

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