CHARLESTON, W.Va. – On Monday, Charleston City Council members voted to pass Bill 8039, which amends the city’s municipal code and reduces the penalty for simple possession of marijuana.
Although there were some comments against Bill 8039 in the plenary session, it was ultimately passed on Monday evening by a vote of 20 to 5.
The bill, sponsored by Councilmembers Chad Robinson and Frank Annie, would amend the city’s ordinance to waive a fine for a first-offense adult who carries less than 15 grams of cannabis in Charleston, provided the person has not been convicted of a drug offense in the past year.
In addition, repeat offenders face a fine of $250, while third and subsequent violations face a maximum fine of $500.
While Public Speaker Ryan Harlow was pleased that the bill was able to pass later in the session, he said that although he believes the fines are not incredibly harmful, they still place a burden on people in poorer neighborhoods.
“As it stands, a worker earning minimum wage would have to work 31 hours on their second violation and over 62 hours on their third violation to be able to pay that fine,” Harlow said Monday. “As an hourly wage earner, I cannot imagine losing four-fifths of my work week for something as trivial as possessing a plant that is not nearly as harmful or dangerous as alcohol.”
Bill 8039 has generated much discussion over the past month, as it was brought up twice in July, the first time exclusively in a meeting of the Committee on Regulations and Rules. After that, the bill was introduced to the Charleston City Council along with Bill 8043, which proposes to make the penalty for minor possession of marijuana the lowest penalty under state law.
When the bills were presented to the City Council on July 16, council members debated the bills back and forth, and there were some questions and comments that caused confusion. Some of the questions asked on the floor indicated there was confusion about whether or not the bills fully legalized marijuana in Charleston, and as a result, the bills were moved back to committee for a later date.
The Committee on Rules and Regulations met last Thursday. During the meeting, it was decided to focus exclusively on House Bill 8039. In addition, language changes were made to the bill to avoid any potential confusion.
Robinson said a lot of work and flexibility has been put into this bill over the last month to get it to its current form.
“We went from the version we introduced to one extreme and worked our way back,” Robinson said Monday.
Before the bill was voted on, Robinson made it clear what the bill would not do: He explained that it would not legalize marijuana.
“It does not legalize marijuana,” Robinson said before Monday’s vote. “Marijuana can only be legalized by the federal government and the state governments.”
Robinson says that in addition to the lack of opportunity to fully legalize marijuana, the bill has other restrictions.
“Marijuana is not being reclassified, only the federal and state governments can do that,” Robinson said. “The committee substitution does not decriminalize marijuana possession, nor does it change the charges filed by the county sheriff or state police in magistrate court.”
Bill 8039 will go into effect in just five days.
