Lawmakers introduced six bills that dealt with marijuana this session. They varied in scope from allowing people with post-traumatic stress disorder to use marijuana (H.213) to legalizing and taxing the substance (H.499).
Five of them stayed on the shelf, but H.200 — a bill to decriminalize possession of up to one ounce of marijuana — is awaiting Gov. Peter Shumlin’s signature.
H.200 makes it a civil penalty rather than a criminal offense to possess an ounce of marijuana or five grams of hashish. Possessing a marijuana plant or anything over those quantities is still a crime, subject to jail time, as is selling or dispensing the drug.
People 21 years and older who are caught with an ounce or less will be given a citation — much like a speeding ticket — and will be subject to an escalating fine of up to $200 for a first offense, climbing to $500 for a third or subsequent offense. They will never be subject to a criminal penalty.
People under 21 will be sent to diversion for their first two offenses. If they fail to complete diversion both times and are caught a third time, they can be convicted of a criminal offense.
For those under the age of 16, possession of an ounce or less of marijuana is considered a delinquent act.
H.200 also states that people found with more than the decriminalized amount of marijuana should be given the opportunity to clear their record by completing diversion, unless the prosecutor asserts that it “would not serve the ends of justice.”
Currently a first offense for possessing less than two ounces of marijuana is a misdemeanor, subject to up to six months in jail and/or a $500 fine.