MORGANTOWN — Morgantown City Council heard a wealth of testimony and public comment on Tuesday in favor of reducing the penalties for cannabis possession within the city.
Public speakers spoke of the impact cannabis has had in other states in reducing addiction and overdose deaths. They noted the economic benefits in states that have relaxed or eliminated prohibition, and they pointed out drug laws disproportionately impact black and brown citizens.
While Morgantown couldn’t undo all that by relaxing penalties for pot possession in the city, proponents said it could send a message about cannabis prohibition to the rest of the state by taking a decisive first step.
ACLU of West Virginia Policy Director Eli Baumwell and Andrew Cockburn, state chair of the West Virginia Working Party, presented a model ordinance that would eliminate jail time and implement a nominal fine ($5-$15) for possessing 15 grams of cannabis or less.
Under current state code, possession of marijuana is a misdemeanor punishable by not less than 90 days, nor more than six months in jail and/or a fine of up to $1,000. Penalties double for a second offense.
While members of council had a number of questions, one that seemed to fly under the radar came from Councilor Barry Wendell, who asked exactly who the city would be directing with such a law change.
The answer, Baumwell explained, is the city’s municipal court judge.
“Ultimately, the person who is directly affected is going to be the municipal judges. What this does is limit the penalties,” Baumwell said.
The issue with that, City Attorney Ryan Simonton explained, is that drug arrests made by the Morgantown Police Department are not heard in municipal court.
“Currently, my understanding is the Morgantown Police Department does not charge any drug crimes in municipal court. Their practice is to refer those to the prosecuting attorney’s office to bring them in either magistrate court or circuit court,” Simonton said.
Further, the Monongalia County Sheriff’s Department and West Virginia State Police have jurisdiction within the city and would continue to charge cannabis possession under state code, causing some councilors to question if changing the city’s law could create a false sense of security. WVU Police would also continue to follow state code.
“I understand this is an incremental change that could help things in the long run, but I just don’t want anyone to feel like something then would be OK when it’s not OK,” Councilor Jenny Selin said.
Councilors also asked how the 15 gram weight limit in the ordinance would translate to other cannabis products, like vaping cartridges or edibles.
Baumwell cautioned the city could potentially face a legal challenge if it decides to move forward.
“I can’t promise that Morgantown would not be challenged. Even when on solid legal footing, public officials may try to bring a challenge if they’re adamantly opposed to the policy,” Baumwell said. “I do want to be clear about that.”
Based on a correspondence between City Manager Paul Brake and WVU Vice President for Strategic Initiatives Rob Alsop, “adamantly opposed,” could be used to describe the university’s position.
“We have significant concerns about this proposal,” Alsop wrote, explaining that it would undermine recent steps taken by WVU to address alcohol and drug use and potentially confuse students. “We do not believe it is an appropriate time to consider this ordinance.”
The matter was forwarded to Simonton for further clarification.
