Philadelphia to ease marijuana penalty

April 05, 2010|By Craig R. McCoy, Nancy Phillips, and Dylan Purcell, Inquirer Staff Writers
(Page 4 of 4)

McCaffery has considerable experience with the use of special courts operating under the umbrella of Municipal Court. When he was the court's administrative judge, he pioneered "Eagles Court" for unruly football fans and spurred the collection of fines for "quality of life" summary offenses.

During McCaffery's final 16 months on the Philadelphia bench, the courts levied $2.3 million in fines. Since he left, the imposition of those fines has diminished, costing the city millions, he said.

Under the new initiative, McCaffery said, the court will resume imposing those charges even when defendants fail to show up for summary court.

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According to McCaffery, the court will be able to go after as much as $5.5 million in fees from 2008 and 2009 in this fashion. Any new marijuana-related charges will be on top of that.

Goldstein, of NORML, said his group had been lobbying for relaxed treatment of marijuana cases for more than a year, meeting with members of the District Attorney's Office, Mayor Nutter's staff, and police brass.

"This is a very progressive thing to do on the part of the city," Goldstein said of the new policy. "I couldn't be happier about this."

He said the change also would redress a racial pattern apparent in Philadelphia drug-possession arrests. More than 80 percent typically have been of African Americans, Philadelphia police data show.

"All the data from the federal government indicates that blacks and whites consume marijuana at near-equal rates," Goldstein said, yet "the pattern of arrests is that over 75 percent are black men."

According to him, the situation is the same in New York City, where research indicated it was due to more intensive police patrol activity in African American neighborhoods.

Goldstein said he was troubled that Philadelphia police would be permitted to keep arresting people for marijuana possession.

"It is completely absurd," he said. "It's harsh. For minor marijuana possession, it's very harsh treatment."

Police elsewhere merely issue people a ticket and send them on their way, he said.

Leading members of the defense bar also endorsed the new marijuana-prosecution policy.

Joseph C. Santaguida said that "it's a good idea" to steer these minor drug cases to a diversionary program.

Brian Zeiger, another criminal-defense lawyer, said he saw the move as positive both for taxpayers and defendants.

"The city gets money, and the city doesn't have to pay [court] overtime to the cops. It's a guaranteed win for clients. It takes all the risk out of it."

 


Contact staff writer Craig R. McCoy at 215-854-4821 or cmccoy@phillynews.com.

 

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