The move to decriminalize marijuana picked up speed in Vermont today, when the House voted 98 to 44 to approve H.200. The bill makes the possession of an ounce or less of the substance a civil, rather than criminal, penalty.
Crafted by the House Judiciary Committee, the bill won over a number of skeptics, who were appeased by the measured approach it took.
But there was still a strain of resistance, and the opponents echoed one refrain: Decriminalization gives young people the “wrong message.”
H.200 is up for final vote on Tuesday and will then head to the Senate.
If the bill passes, someone caught with an ounce or less of marijuana would be subject to the equivalent of a traffic ticket and a maximum fine of $300. First-time offenders and people under 21 could participate in a diversion program. Anything over an ounce would remain a criminal offense.
Supporters say it does away with unfair collateral consequences that stem from a criminal citation for marijuana possession.
House Speaker Shap Smith, D-Morrisville, who declined to bring a similar bill to the floor last session and has expressed personal reservations about decriminalization, said he was pleased with the Judiciary Committee’s product.
“In any bill like this there might be specific concerns, but ultimately I appreciate what the committee did, and I’m going to be supporting the work of the committee,” Smith said.
The bill was a toned-down version of the original proposal, which decriminalized two ounces as well as possession of several mature and immature plants.
Lawmakers spent over three hours debating the substance of the bill and quibbling over details.
Rep. Cynthia Browning, D-Arlington, who voted against the bill, said, according to her calculations, one ounce of marijuana could make between 28 and 112 joints, which seemed excessive.
“I don’t understand why someone would be carrying around the amount of marijuana to make on average 60 or 70 joints,” Browning said.
Rep. Heidi Scheuermann, R-Stowe, pointed out that if H.200 passes, Vermont law would, in one instance, be more lenient on marijuana than on alcohol. Under current law, someone who is under 21 and caught with alcohol a second time can be issued a criminal citation. Under H.200, that person could receive multiple citations for marijuana without being at risk for a criminal one.
H.200 asks a task force to look into bringing the underage penalties for alcohol in line with those proposed for marijuana.
“It seems to send an awkward message to young people,” said Scheuermann, who was undecided at the beginning of the debate, but ended up supporting the bill.
Rep. Tom Koch, R-Barre, who worked on the bill as a member of the Judiciary Committee, was a last-minute convert.
Koch rose several times during the floor debate Friday to quell concerns he’d once shared. While opponents expressed concerns that the bill would encourage young people to use marijuana, Koch said he thinks it might actually rein in use of the drug — since issuing a ticket is simpler than making a criminal citation and police officers may be more inclined to crack down.
Koch said another thing he likes about H.200 is that it takes a black-and-white approach to drugged driving — it makes smoking marijuana while driving an offense subject to a fine of up to $500, meaning that police officers won’t have to prove that a driver is actually impaired by the drug.
Though the bill’s backers repeatedly pointed out that the bill does not legalize marijuana, opponents insisted that it nevertheless sends that message, which could prompt more young people to take up the drug.
“We are causing confusion with this bill,” said Rep. Michael Hebert, R-Vernon, who added that he was voting no “for the safety and well-being of my grandchildren.”
Opponents were also concerned that many law enforcement officers object to the bill.
Rep. Linda Waite-Simpson, D-Essex Jct., who reported on H. 200 for Judiciary Committee, countered that the state’s top law enforcement officer — Commissioner of Public Safety Keith Flynn — supports the bill and, she added, many law enforcement officers already practice de-facto decriminalization.
“I do not believe we are here to give comfort to law enforcement officers who have on their own decriminalized small amounts of marijuana,” Waite-Simpson said.
Some of the more wary lawmakers prolonged the debate — offering a handful of amendments and motions and requesting roll call votes on two of them.
Rep. Kurt Wright, R-Burlington, who ultimately voted in favor of the bill, proposed an amendment that would have made the law sunset after three years. When that failed, Rep. Carolyn Branagan, R-Georgia, moved to defer the debate until they had further information about the bill’s fiscal impact. That too was defeated, but other lawmakers hinted that they’ll have more amendments by Tuesday, when the bill comes up for final vote.
