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Virginia Gov. Ralph Northam says it's time to decriminalize marijuana possession

Daily Press - 1/3/2020

Jan. 3--Virginians shouldn't risk jail for having small amounts of marijuana in their pockets, or go through life with a felony record that keeps them out of many jobs for stealing a cellphone, Gov. Ralph Northam says.

He's proposing a series of criminal law reforms he says will temper the state's tough penalties for violating the laws with a little bit of mercy and fairness.

"Our aim is to make our criminal justice more equitable and more compassionate," Northam told advocates for reform Friday, speaking at the Richmond offices of an agency that helps offenders get back on their feet after leaving prison.

He's proposing legislation to raise the trigger that turns a theft into a felony from $500 to $1,000. The General Assembly raised that threshold from $200 in 2018, but only eight other states set their thresholds as low, while three more have lower triggers.

"These days most cellphones cost more than $500. Stealing a cellphone shouldn't create lifelong barriers to jobs or an education" that come when a person has a felony record, he said.

Northam also proposed decriminalizing possession of small amounts of marijuana, making it subject to a fine of $50. Currently, a first offense is a criminal misdemeanor that can land someone in jail for 30 days.

Northam said that's an excessive penalty, adding that he's concerned about racial disparities in arrests for marijuana possession. He said it could be a first step toward legalizing marijuana, which he said he needs to think through if the General Assembly decides to go that way.

In addition, Northam wants to give the state parole board more authority to grant early release from prison when inmates are elderly, suffering from terminal illnesses or so incapacitated that they're no longer a threat to public safety,

He also wants to give the board authority to release inmates sentenced between 1995, when Virginia's truth in sentencing law abolished parole, and 2000, when a court decision said juries had to be informed of that change before they recommended sentences. Not knowing that parole was not an option meant many juries imposed sentences on the belief that offenders would only serve a fraction of the time, he said.

Northam also wants the legislature to write into law a budget amendment passed last year that ends the automatic suspension of drivers' licenses when people are behind with paying court costs and fines. Because the policy is in the budget, it could be dropped whenever a new budget is before the General Assembly, while writing the policy into law would put it on firmer footing.

He announced that after giving a quick hug to Brianna Morgan, a Petersburg mom who fell behind on fines and went without a license for four years.

"There's a difference between those who can't pay and those who won't," she said.

"I'm a law abiding citizen, but I felt like a criminal," she said, "It was like being in jail."

She's working off several hundred dollars in fines, but now no longer faces the dilemma of how to get her three children to the doctor or to school if they miss the bus.

Northam said suspending a license keeps people from working, so that they can't pay their fines.

Secretary of Public Safety Brian Moran said people still have to pay their fines and court costs, and added that the state has several other ways to make sure they do so.

House of Delegates Minority Leader Todd Gilbert, R-Shenandoah, a longtime chairman of the Criminal Justice subcommittee, said the General Assembly needs to proceed cautiously

"Virginia's system of criminal justice isn't perfect. However, it does succeed in keeping Virginians safe and reforming criminals," he said. noting that the state has the second lowest crime rate in the country and the lowest rate of recidivism.

"Any significant changes to the way we administer criminal justice should be undertaken carefully with an eye toward unintended consequences. Doubling the amount you can steal from your neighbor without serious consequence is unfortunately a prime example of the Democrats' looming agenda on crime and criminals." he added.

Dave Ress, 757-247-4535, dress@dailypress.com

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