MORGANTOWN — The presentation of a proposed ordinance reducing penalties for marijuana possession inside the city of Morgantown will be part of Morgantown City Council’s committee of the whole meeting on Tuesday.
This according to the meeting agenda, posted Thursday afternoon.
ACLU of West Virginia Policy Director Eli Baumwell and Andrew Cockburn, state chair of the West Virginia Working Party, will make the presentation, according to the agenda.
Baumwell explained that he helped draft the proposed legislation and will attend the meeting primarily to answer any questions members of council might have.
“Even for misdemeanor possession, the result can be up to a year in jail. Even when that’s not the case, there can be really heavy fines and fees,” Baumwell said. “Frankly, we think that simple possession of cannabis ought to be fully decriminalized and legalized, but certainly we don’t need to be punishing people with excessive jail time and excessive fees and wasting government resources enforcing these laws.”
Baumwell said the proposed legislation doesn’t fully decriminalize possession, noting “You can’t do that under state law.”
He went on to explain that the law would allow the city to set a maximum penalty that is at the very low end of what state code prescribes, “Essentially disincentivizing enforcement of those laws and making sure people aren’t being hit with overly harsh penalties for simple possession.”
The Dominion Post asked both the city and the ACLU for a copy of the proposed legislation but did not receive one in time for this report.
According to state code, possession of marijuana is a misdemeanor punishable by not less than 90 days, nor more than six months and not fined more than $1,000. Penalties double for a second offense.
Morgantown attorney Jason Wingfield, with Gianola, Barnum, Bechtel & Jecklin, explained that first time offenders caught with less than 15 grams — roughly half an ounce — are typically placed in a diversion program that can not only prevent a conviction, but allow the arrest to be expunged from their record one year after the program’s completion.
“So in the context of decriminalizing it, the penalty for possession of marijuana under 15 grams, the criminalization of it isn’t very high already,” Wingfield said.
Wingfield went on to explain that the city can’t nullify or change a state statute, but it can create a separate municipal statute — meaning the matter will boil down to the discretion of the officers with the Morgantown Police Department.
“The city can’t override state law, but what can happen is the officers can, on a case-by-case basis, say ‘I’m going to cite you under municipal code,’ which is 90% of what the Morgantown police do,” Wingfield said.
The Monongalia County Sheriff’s Department and West Virginia State Police also have jurisdiction within the city. Sheriff Perry Palmer said any possession arrests made by deputies within the city would continue to be charged under state code.
Baumwell said Morgantown would be the first city in the state to move decriminalization legislation into law through an act of city council.
Following a brief legal battle earlier this year, a decriminalization initiative was placed on the ballot in Salem, W.Va., where it was voted down 114-45.
According to Baumwell, the adoption of this law by Morgantown City Council would not only protect citizens from overly harsh penalties, but act as a signal to higher authorities “that this is something people want to see change on.
