marihuanaBROWARD COUNTY, FL - Broward County Commissioners have agreed to consider a future ordinance that could reduce the punishment for misdemeanor marijuana possession. Under the initial proposal, law enforcement officers would have the option of issuing a misdemeanor civil citation punishable by a $100 fine or make an arrest if a person is caught with twenty grams of marijuana or less in Broward County.

"When you arrest a good person because they have a joint on their person or a misdemeanor amount of marijuana even if they're not convicted their lives in many instances are ruined," said Vice Mayor Marty Kiar, who brought the proposed ordinance forward. "This will give law enforcement an option and give good people a second chance in life."

The proposal would not decriminalize or legalize marijuana possession in Broward County, but it would allow people who are carrying a small amount to pay a fine rather than face criminal charges and a criminal record. 

"The affect that it has on people's lives when they're caught with some small amount is really horrendous and it's disproportionate to minority communities, the black community. You have a lot of folks who have become hopeless and helpless because they have a record. There are so many restrictions placed on a person's life as a result of it," said Commissioner Dale V.C. Holness.

"I have represented a low to moderate income area for almost twelve years, and I have seen the damage it has done to families. People can't vote, can't get a job. There is a litany of problems that go with this," said Commissioner Beam Furr, who formerly served as a Hollywood City Commissioner.  "Being able to do a drug intervention or a drug education program I think would actually be a good part to this too."   

Commissioners directed the County Attorney to draft an ordinance that would decrease the penalty for misdemeanor marijuana possession, but raised questions that included the number of times a person could receive a civil citation, how many grams would be permissible, how cities would be affected by any new laws, and what costs may be involved.

 "I'm just really interested in somebody who wishes to use pot for personal use; it shouldn't be something that is such a negative in their life criminally. But the devil is in the details. It's beyond personal use if you've got 20 grams every time and a civil citation is issued. I think we need more information," said Commissioner Lois Wexler.    

"I would support a second chance which is a first time.  What I would not support is anything that did not include making this a mandatory step," said Commissioner Chip LaMarca. "If there's going to be a financial penalty, then it should apply to everyone."

"I would be supportive if I knew how many times a person could get a citation before this turns into a real criminal record. What's the limit? And what about driving under the influence? There's so many tentacles to this that I can't imagine us going forward without some concrete evidence and factual data," said Commissioner Barbara Sharief.  "I don't think we're at a point where this Commission can actually take a position on this and vote on this."

"I'm uncomfortable dictating to the cities. I think that there are a lot of different opinions. If we are going to allow a civil citation it should be within the area that we serve which is the unincorporated area. Beyond that let all of the citizens come and speak to their local elected city officials and decide how they want to pursue this.  These are all things that need to be taken into consideration.  If an ordinance comes back and it's too loose, this Commission may not support it," said Mayor Tim Ryan.

"I think our county attorney can put together an ordinance with the specifics and I fully support this," said Commissioner Mark D. Bogen.

The county attorney will draft an ordinance that will come back to the Commission for further review and discussion in the fall.    

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