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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | June 26, 2014 04:06 PM |
|---|---|
| From: | Representative Jordan A. Harris |
| To: | All House members |
| Subject: | Possession of Small Amounts of Marijuana |
| In the very near future, I plan to introduce legislation that would establish a small amount of marijuana (SAM) program for eligible individuals. Specifically, this program will help keep certain individuals out of our prison system and only charge those in violation of possessing a small amount of marijuana with a summary offense. The primary purpose of this proposal is to mirror the Philadelphia District Attorney’s SAM Program. Under current law, a small amount of marijuana consists of 30 grams or less. In accordance with the Controlled Substance, Drug, Device and Cosmetic Act, anyone found in violation of possessing a small amount of marijuana is guilty of a misdemeanor and upon conviction, will be sentenced to imprisonment not to exceed thirty days, pay a fine not to exceed $500, or both. My proposal would amend Title 42 (Judiciary and Judicial Procedure) for the purpose of adding Section 9727.1 (Sentencing relating to possession of small amounts of marijuana) which would establish a statewide SAM program in Pennsylvania. Specifically, this program will require the district attorney, in the county in which the violation occurred, to divert the individual in violation of possessing 30 grams of marijuana or less to a SAM program. Defendants will receive a court-imposed requirement to attend a 3-hour drug abuse class and must pay a $200 fine which covers the class and court fees. Failure to appear for the drug abuse course will result in the defendant having to report to criminal court. However, defendants who possess a gun at the time of arrest, or have a felony in the first degree conviction for a crime of violence within the past 3 years or within 2 years of parole for such crimes, are not eligible to participate in this program. My legislation will also allow defendants who successfully complete the 3-hour court-imposed course and pay the $200 fine to petition the courts for record expungement. As legislators, I believe it is our duty to develop and improve ways to reduce our prison population and give defendants a second chance if found in violation of minor offenses. Please join me in co-sponsoring this legislation. |