To the City Council Law and Government Committee June 9, 2014

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Good afternoon honorable members of City Council.

My name is Chris Goldstein and I represent the Philadelphia Chapter of the National Organization for the Reform of Marijuana laws, known as PhillyNORML.

We have been working here in the city, with state legislators in Harrisburg and our federal legislators for more than 15 years to affect change in marijuana policy, with the ultimate goal of ending prohibition.

Before you today is a very pragmatic bill. Passing this measure will have a positive impact on our city. This will stop 4,000 residents from being put into handcuffs and a holding cell every year, saving almost $4million dollars from the Public Safety Budget. This will not only liberate a good chunk of much needed budget funding but it will also allow police resources to be better utilized on other, much more serious crimes.

Right now a single person with a single joint (say less than a gram of marijuana) requires Philadelphia to employ a symphony of individuals and expensive resources.
– The offender is taken into custody; often requiring the time and attention of two or more police officers
– The offender must be transported to holding
– The offender must be held and guarded
– The offender must be photographed, fingerprinted and interviewed
– The evidence must be field tested and then sent to a laboratory for full analysis
– The offender then must see a bail officer
– Since 2010 about 88% of marijuana arrests are now assigned to the Small Amount of Marijuana program; requiring a special weekend class
– More than 10% of those arrested for possession of small amounts are still prosecuted in criminal court: requiring even more expenses and personnel

Councilman Kenney’s bill would significantly streamline the process. Police officers would be given the discretion to issue a simple ticket; much like a parking ticket or summary for disorderly persons. Evidence would still be seized, but if the offender pays the fine there would be no need for laboratory testing.

Downgrading possession of small amounts of cannabis is my no means an innovation. More than 20 entire states have adopted a similar approach. More than 35 municipalities around the country have also followed suit. Chicago made this shift in 2012 and just this year the Washington DC City Council and Mayor Vincent Gray decriminalized marijuana in our nation’s capital. Councilman Kenney’s bill has a structure modeled after DC: a simple, $25 fine for the offense.

Keep in mind that even if you approve this bill and make this policy change, police always have the option of full, custodial arrest, but it is no longer mandatory.

The bill before you also takes note of the disturbing racial disparity regarding current marijuana arrests in Philadelphia. For the last six years we have produced a report for PhillyNORML detailing the arrest statistics. We utilize the data directly from the Pennsylvania Uniform Crime Reporting System.

Here’s the breakdown: In 2012 (the most recent year full data is available) there were 3,709 adults and 563 juveniles for 4, 272 total arrests on the offense of just marijuana possession. 3,052 of the arrests were black residents, 629 were white residents. About 90% of the arrests were men. The bulk of the arrests are those age 18-34 years old.

I ran a comparison to other drugs. For opium and cocaine combined in 2012 there were 4,256 adults arrested for those drugs, but the racial breakdown was almost even: 2,155 black and 2,074 white.

I compared almost a dozen other crimes: Honorable Council members there is not a single other offense in Philadelphia’s data with the racial disparity of marijuana arrests. This represents a unique issue that demands your attention and careful policy changes.

Young black men in our city are facing harsh treatment for something that is perfectly legal or at least a civil penalty in other states. Moreover, Philadelphia’s policy of mandatory custody is not replicated in any other county in Pennsylvania. Police officers across the Commonwealth already have the discretion to issue a summons or summary, avoiding the cost and time we incur here.

We have met with members of The Philadelphia Police Department and Mayor Michael Nutter’s administration on this issue since 2009. We have appealed to them to enact this change – so far to no avail. Since we have engaged directly with the city government, presenting hard data and clear plans to remedy the issue, there have been more than 20,000 residents; our families, our friends and our neighbors arrested and nearly $30million tax dollars needlessly spent on this harsh policy.

Something that we also pointed out in the meetings: Downgrading the penalties for marijuana possession will improve the relationship between police and the community. If residents no longer fear being put into handcuffs for smelling like cannabis or having a small amount in their pocket they may be more willing to speak to police if they witness a violent crime.

Honorable Council members there are bills in Harrisburg to authorize a medical marijuana program for Pennsylvania and even to fully legalize tax and regulate the sale of marijuana to adults; akin to Colorado. We are all aware of the active, national debate on this issue. That is why this change is so prescient. Philadlephians should not be forced to remain locked up in the past while so much of the country has already moved into the future.

Marijuana consumers – of all colors – are hard-working, productive members of our community. We implore you to take this opportunity, pass this bill, save millions and improve our community. Let’s move forward in Philadelphia, the city that represents the heart and soul of freedom and racial equality for all of America.

Thank you and I welcome any questions about this policy … or on marijuana in general.

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Data

There were 6,614 marijuana related arrests in Philadelphia during 2012. There were 4,272 arrests for simple cannabis possession.
Black cannabis consumers were arrested for marijuana possession in the city at five times the rate of whites. All other drug arrests are more equal in a comparison by race.

There is also a stark trend by age; 18-34 year old residents comprised about 75% of the possession arrests.

PHILADELPHIA
18F Marijuana possession: 3,709 adults and 563 juveniles for 4, 272 total arrests in year 2012

Of the adults arrested in 2012 for marijuana possession: 3,052 black, 629 white; 90% male

337 women were arrested in Philadelphia for marijuana possession in 2012; 267 black, 69 white

Comparison: 18E Drug possession Opium and Cocaine combined: 4,256 adults arrested in 2012 with 2,155 black and 2,074 white, 70% male

18B Sale/manufacture marijuana: 2,184 adults and 158 juveniles for 2,342 total arrests in 2012

Of the adults arrested for marijuana sales/manufacture in 2012: 1,670 black, 490 white; 90% male

PENNSYLVANIA STATE-WIDE

18F Marijuana possession: 17, 666 adults and 2,911 juveniles for a total of 20, 577 arrests in 2012

Of the adults arrested state-wide in PA for simple marijuana possession 85% were men and 71% were white

18B Sale/manufacture marijuana: 5,281 adults and 447 juveniles for a total of 5,728 arrests in 2012

Of the adults arrested for marijuana sales/manufacture state-wide 58% were white and 90% were men.

Added on June 12, 2014chris goldstein, City Council, decriminalization, james kenney, marijuana, PhiladelphiaBlog, Historical News