Local legislator seeks to ‘decriminalize’ marijuana use

District 23 Representative John Fillmore (R) has introduced legislation that would dramatically reduce penalties for marijuana possession.

House Bill 2228 would change the penalty for possession of two ounces or less of marijuana from a felony, punishable by up to 1 1/2 years in prison and a $150,000 fine, to a misdemeanor, punishable by a $100 fine.

Fillmore, who represents Maricopa in the state legislature, said he introduced the legislation mainly in hopes of saving the state money.

“We are spending a lot of money persecuting people who are doing something a good segment of society feels is a lot less damaging than alcohol,” Fillmore said.

Fillmore admitted to smoking marijuana in his younger years and said he did not think the drug poses a significant threat to society.

“In my lifetime, I have met a whole lot of angry drunks, but I have never once met an angry pot smoker,” he said. “This is not the type of drug that pushes someone to commit violent crime.”

Although Fillmore doesn’t have specific figures to show how much money decriminalizing marijuana would save the state, he does have strong backing for his proposal.

Allen St. Pierre, spokesman for NORML, a national nonprofit agency that has worked for the past 40 years to reform marijuana laws, said not only decriminalization, but legalization is a no-brainer if the government wants to control the use of marijuana.

“If you want to look at how to decrease drug use, look no further than tobacco,” he said. “During the past 40 years the government has been able to decrease its use by 50 percent through progressive taxation and public service messages.”

St. Pierre believes total legalization may be 20 or more years away, but said that decriminalization is a great first step that will benefit Arizona. “Studies we have conducted show that the decriminalization of marijuana frees up man-hours for law enforcement agencies to pursue other types of crime,’ he said.

Pinal County Sheriff Paul Babeu disputed this claim. He said he did not believe Fillmore’s legislation would free up man-hours within his organization. “It is not like we are actively trying to take down pot smokers,” he said.

Babeu said he has never been in favor of decriminalizing the drug and calls it the first step to total legalization.

“Last year this drug was approved for medical use and now we are talking about changing possession to just a fine. This is a very slippery slope,” he said. “Do we want to go down the same path as California?”

Fillmore isn’t alone in trying to decriminalize marijuana. Lawmakers in several other states – including Connecticut, Hawaii, Illinois, Rhode Island and Texas – are considering similar legislation to reduce statewide marijuana possession penalties to fine-only offenses.

“As baby boomers are starting to become political leaders, there seems to be this changing of the guard in the thought pattern behind marijuana restrictions,” St. Pierre said. “I think a lot of that has to do with these new leaders having either first or second hand experiences with marijuana and public opinion beginning to sway in favor of the drug.”

Thirteen states with a total population of more than 130 million have already enacted similar laws decriminalizing marijuana possession, removing the threat of jail time for possessing cannabis.

Fillmore’s bill is now in the House Judiciary Committee. However, the legislator said he does not believe the bill will come up for a vote this year because of the political makeup of the legislature.