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Friend,
Imagine you are sitting on a park bench in almost any city in Alabama. You are young, perhaps, or maybe old, or maybe middle age. Maybe you have a joint or a small bag of marijuana in your pocket.
In 21 states across the country, you would be perfectly within your rights. But in Alabama, possession of marijuana in even the smallest amount can lead to a cascading series of personal crises: An arrest. A ride in a police car. A booking. A night or more in jail, at a minimum, waiting for a bail hearing. And upon conviction? Up to a year in jail and a $15,000 fine.
In Alabama, that scenario is not the stuff of imaginings. It is the reality in a state that still jails its residents for the simple possession of cannabis, treating the possession of marijuana as a criminal offense. In communities with an intense police presence, as are many Black and Brown communities, such arrests – and the impacts they have on the lives of ordinary people – are not uncommon.
Montgomery City Councillor Marche Johnson is examining a way to make those encounters less painful. With the assistance of the Southern Poverty Law Center, the District 3 representative is advocating for a policy change that would make it possible for police in the city to write a ticket for a charge of misdemeanor possession instead of making an arrest.
Known as citation in lieu of arrest, such a policy change has already been in force in Tuscaloosa since last year. Other cities in Alabama, including Huntsville, are considering following suit.
As in Tuscaloosa, the policy change in Montgomery would not affect the adjudication or potential punishment for misdemeanor possession of marijuana. But it would treat the offense like other misdemeanors, such as speeding tickets or running a red light. Instead of being ensnared in the legal system on a misdemeanor offense – facing the potential of a six-month driver’s license suspension, the loss of a job, not to mention child and elder care headaches and stiff court fines and fees – people charged with the crime could go back to work, school or family and appear in court at a later date.
“Seeing that Tuscaloosa has already passed an ordinance, I wanted to get ahead of it here,” Johnson said. “We have seen that Black men have been disproportionately imprisoned in Alabama for even recreational use of drugs. I represent a district that is over 75% Black, and my community has been impacted by this.
“We know that these people should not have to get arrested. We know that this will save the city dollars. We know this will make prisons less crowded. We know this will save law enforcement time and effort. So, I said, we need to do this here. Let’s do it. We need the police on the streets solving real crimes.”
Movement for change
The proposal is still at an early stage. Johnson held a town hall meeting at a city community center to discuss it on Feb. 18, and she has yet to introduce legislation. She said she plans to do so later this spring, perhaps as soon as April.
The initiative is part of a burgeoning movement across the country to reduce penalties for possession of marijuana, as marijuana laws change at a rapid pace across all 50 states. In Alabama, medical marijuana use has been legal since May 2021, though its dispensation and consumption are tightly controlled. Bills to decriminalize recreational use have failed repeatedly in the state Legislature.
Alabama lags far behind many other states.
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Sincerely,
Your friends at the Southern Poverty Law Center
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