Update, 2:00 p.m. May 8,2013: The Senate gave final approval to H.200 in a voice vote.
The Senate voted 24-6 Tuesday to approve a bill that decriminalizes one ounce of marijuana.
The House passed H.200 in mid-April after a protracted debate that spanned two days. The Senate passed a slightly stricter version with hardly a grumble. It comes up for a final vote Wednesday.
H.200 makes it a civil penalty rather than a criminal offense to possess an ounce or less of marijuana. Under current law it is a misdemeanor to possess two ounces or less of marijuana, punishable by up to six months in jail. Supporters say the change will relieve violators of the disproportionate collateral consequences that often accompany a possession charge.
The Senate modified the bill, as recommended by its Judiciary Committee, which means the House has to approve the changes in order for it reach the governor’s desk. Gov. Peter Shumlin has said he supports decriminalization.
In the Senate version of the bill, the third offense for marijuana possession is still a crime for people under 21; the House version made it a civil penalty, regardless of the number of offenses. Sen. Richard Sears, D-Bennington, told the Senate that “you really have to work at it” to rack up a third offense, since people can clear their records by completing diversion.
The Senate bill establishes a graduated fine scale — $200 maximum for a first offense up to a $500 maximum for three or more — whereas the House version kept the same penalty for multiple offenses.
It also differentiates the penalties for possession according to three age brackets — people under 21 are required to undergo screening for substance abuse and for people under 16, it would remain a delinquent act.
The Judiciary Committee also tweaked what Sen. Joe Benning, R-Caledonia, called the “Al Capone statute,” with drug peddlers in mind. The change increases the penalty for people who fail to report income when it’s derived from illegal activity.
The bill encountered brief resistance on the subject of cultivation of marijuana plants, which is still a crime under H.200. Sen. Peter Galbraith, D-Windham, asked whether it might be more prudent to decriminalize cultivation to avoid steering people to drug dealers.
Benning acknowledged that Attorney General Bill Sorrell had made the same case before the committee, but said they had decided against heeding that advice due to concerns about the quantity of marijuana a single plant can produce.
A couple senators raised concerns about H.200’s impact on drugged driving. Sen. Norm McCalllister, R-Franklin, who voted against the bill, said he thought changing possession from a criminal penalty to a civil one would interfere with law enforcement’s ability to search and seize drugs.
Benning pointed out that marijuana remains contraband under H.200, so it wouldn’t impact law enforcement’s search and seizure procedures. Likewise, Benning said, it remains a crime to drive under the influence of marijuana.
At one point, Benning, who is a criminal defense attorney, fielded questions from Sen. John Campbell, D-Windsor, who is a former law enforcement officer. Campbell was one of four Democrats who joined two Republicans in opposition to the bill.
At the start of his remarks, Benning emphasized what’s been a common point of among supporters of the bill. Given that “perception is nine-tenths of reality,” Benning said, “this is not an attempt to legalize marijuana in the state of Vermont.”
Sen. Phil Baruth, D-Chittenden, congratulated the chamber on taking what he described as an overdue step. “Sometimes in this building, wheels grind very slowly.”
