EASTON, Pa. — Easton City Council on Wednesday narrowly approved an ordinance to decriminalize the possession of small amounts of marijuana.
The move effectively reduces the charge from a misdemeanor to a summary offense punishable by a citation and fine.
The ordinance, introduced by Councilman Frank Pintabone, passed in a 4-3 vote. It applies to possession or use of less than 30 grams of marijuana.
The change will go into effect in 30 days.
The vote followed weeks of debate and a previous 3-3 deadlock, during which Councilwoman Taiba Sultana abstained.
On Wednesday, Sultana cast a decisive vote in favor, saying the measure helps reduce barriers for people of color who are disproportionately affected by marijuana arrests.
The meeting saw numerous members of the public, as well as Police Chief Carl Scalzo, commenting on the matter.
And while the crowd appeared to be in favor — cheering for supporters, occasionally hissing at naysayers — there were plenty of arguments against it.
Pintabone credited the victory to countless hours of work discussing the matter with fellow council members, law enforcement, politicians from other areas and members of the legal system.
Support outweighs opposition
Dominic Trabosci, who spoke at the last council meeting on the subject, repeated his position that council should put a stop to a criminal charge that could affect a person’s life.
"This bill isn't setting the law on marijuana, and trust me, I wish we had that power," Trabosci said. "This is merely lessening the punishment. I ask that you please retire this leftover experiment from the failed war on drugs."
Susan Hartranft-Bittinger followed, saying that charging a person with possession for a small amount of the drug was senseless.
"Decriminalization of this amount of marijuana is the right thing we do for ourselves, our people of the city of Easton," said Hartranft-Bittinger, an Easton Area School Board member and city council candidate.
"It still will be illegal, but for this small amount that we are discussing here, it would be a fine. And why ruin people's lives?"
Executive Director of the Lehigh Valley Justice Institute Joe Welsh also returned, saying current law concerning marijuana “diverts resources from law enforcement and courts.”
He said that previously stated concerns over Easton police officers ignoring the hypothetical change and still charging people with misdemeanors over possession “hearkens back to the long and dark history of this department.”
“And so the notion that, somehow, we're going to have rogue officers, that just really needs to be disavowed," Welsh said.
"Because, frankly, it insults the fine department that we have now, and it hearkens back to those days when we had a department that was not accredited and was not showing the professionalism this department shows."
'Right side of history'
Julie Zando-Dennis discussed the disproportionate rates at which minorities are charged with possession, and how that essentially amounts to a violation of state protections.
“Marijuana convictions often lead to fines, job loss, housing instability and barriers to education — consequences that disproportionately affect low income and minority individuals," Zando Dennis said.
"This violates, arguably, the spirit of Pennsylvania's constitutional protections for civil rights and equal protection and equal opportunity,”
“The science is clear, and the tide has shifted across this country, so we're seeing it legalized and decriminalized in cities and states nationwide."DJ Brad Scott Smith
DJ Brad Scott Smith, who stated he does not use marijuana, still spoke in support of the bill.
“The science is clear, and the tide has shifted across this country, so we're seeing it legalized and decriminalized in cities and states nationwide," Smith said.
"I mean, you go across the bridge [to New Jersey] and it's legal over there, so it just doesn't make sense that we would criminalize it here."
Nicholas Marten spoke directly to Mayor Sal Panto Jr. at one point during his public comment period, addressing concerns he said the mayor previously held about “people coming here to consume more and to light up.”
“Well, with this ordinance, it's actually going to further, as you know, increase the fine for people smoking in public," Marten said.
"So whether or not this passes, I mean, I didn't smell anything tonight, but definitely walking down, I've smelled marijuana here in the City of Easton, so it's going to happen.
"But again, you have the chance to be on the right side of history tonight. So I hope you do deeply reconsider."
Council explains support
Councilwoman Crystal Rose said she knew plenty of Pennsylvania residents simply cross the free bridge to buy marijuana in Phillipsburg, New Jersey.
“Changing from a criminal record to a summary offense is to remove the barrier for people of color, for minorities who often are targeted."Easton Councilwoman Taiba Sultana
“I don't feel that the punishment fits the crime," Rose said. "I am in support of this bill. I will vote yes tonight. I think increasing the fine does what a lot of people say that they want.
"I think it will help deter public smoking, but I can't have it on my conscious again, and I said this at the last meeting, that someone who has a record that prevents them from living a full life… really something that I can't believe we're still talking about.”
Rose said the city should be preparing for state legalization.
Sultana also spoke in support of the ordinance, despite her previous non-vote.
“Changing from a criminal record to a summary offense is to remove the barrier for people of color, for minorities who often are targeted,” Sultana said.
Concerns about public use, state law
South Side Civic Association’s Melody Rogers said she opposed the bill, calling against public use of marijuana in general, and referencing a concert she attended where seniors were put off by the smell of marijuana smoke.
“And what I experienced was, believe it or not, a lot of elderly people who were going to see this wonderful concert, but they were walking down the street, and they had people that were smoking," Rogers said.
"And the smell was atrocious, and all they kept saying was, ‘I don't want to be around these people. I don't want to have this smell on me.'"
"I do very much agree with the fact that we shouldn’t penalize people, but again, I don’t think we should go against the state."Councilman Roger Ruggles
Panto again stated he had no issue with the intent of the matter, but rather the fact that it would be in direct violation of state law, and that he would vote no on the ordinance.
“I have a hard time sitting up here and putting in an ordinance of a city law that's in direct violation of the state law, and giving our police chief and his men and women of the department the decision whether to file under city or state," Panto said.
"And I agree with Mr. Joe Welsh about that city law should supersede the state, but unfortunately, the state doesn't see it that way."
Councilman Roger Ruggles also said he agreed with the intent of the ordinance, stating, “I do very much agree with the fact that we shouldn’t penalize people, but again, I don’t think we should go against the state.”
Police department's view
When questions arose as to the frequency of marijuana possession charges in the city and Pintabone’s discussion with police officers over the support for decriminalization, Scalzo was invited to speak on the subject.
Scalzo said the department struggles with charging people regarding marijuana, especially because of ineffective testing methodology.
In addition, he said there are other elements of crime still tied to marijuana possession.
“So you just have to remember that to possess it, someone has to sell it to him. And for someone to sell it to him, that runs into issues of territory."Easton Police Chief Carl Scalzo
“I can name many: An individual in Bethlehem who was burned and thrown in a Dumpster 100% over a marijuana drug deal that was bad," Sczalzo said.
"The kid up here at the laundromat, 100 percent over a drug deal with marijuana that was bad."
“So you just have to remember that to possess it, someone has to sell it to him. And for someone to sell it to him, that runs into issues of territory.
"It runs into issues of gang wars. It runs into all of the things that we work for, the last, in my in my case, now 27 years, to try to eradicate here in the city.”
Pintabone later said he felt that fearing an onslaught of criminal activity linked to marijuana was fearmongering.
The limit for the ordinance was set at 30 grams, which he said was not enough for someone to make a profit if sold.
Scalzo later said that even with a legal market for the drug just across the river, costs would dictate that there would easily be a black market for marijuana, which inevitably attracts crime.
