Charlottesville Commonwealth’s Attorney candidate Jeff Fogel has made marijuana legislation a prominent issue in his 2017 campaign for office, and said he would not prosecute small possession charges of marijuana at the Jefferson Area chapter of the National Organization for the Reform of Marijuana Laws Feb. 9.
Similarly, his opponent, current Charlottesville Assistant Commonwealth’s Attorney Joe Platania (D), said he will ensure no one goes to jail for possession of marijuana.
Both candidates’ positions reflect a larger statewide discussion about the criminalization of marijuana. In November 2016, State Senate Majority Leader Tommy Norment (R-James City) requested the Virginia State Crime Commission undertake a study researching a future change in criminal penalties for simple marijuana possession in the state code. The commission’s executive committee has not yet voted on his request.
Fogel said he believes disproportionate numbers of African-American residents are racially profiled and unfairly jailed as a result of small marijuana possession charges.
According to one study of FBI data, from 2003 to 2013, the number of black people arrested in Virginia for marijuana charges increased by 106 percent, accounting for 47 percent of the state’s possession arrests — despite African-Americans being only 20 percent of the state population.
Fogel said he will also be working against the new U.S. Attorney General Jeff Sessions where these policies are concerned.
Sessions’ predecessors in the Justice Department under the Obama administration took a more lenient approach to enforcing federal drug laws in states where the drug has been legalized, but Sessions has spoken out against decriminalizing marijuana in the past.
When asked about his position on enforcing federal drug policies during his confirmation hearing Jan. 10, however, Sessions took a less direct stance, saying he "won't commit to never enforcing federal law."
“We now have an attorney general who will probably be trying to exert federal influence over these policies, so we’re going to have to fight that,” Fogel said.
Platania said marijuana cases do not make up a large portion of the Charlottesville Commonwealth’s Attorney’s Office’s cases, and that those cases are not a priority.
"Possession of marijuana cases are not a priority of either the Charlottesville Police Department or the Commonwealth Attorney’s office,” Platania said in an email to The Cavalier Daily. “Additionally, possession of marijuana is rarely the sole cause of an arrest or summons. Charged individuals typically request a short period of probation which results in a dismissal of the charge.”
Currently, simple possession of marijuana charges — that is, for possession of less than one-half an ounce — are Class I misdemeanors, punishable by no more than 30 days in jail and/or a $500 fine under current Virginia law. First-time offenders may be granted probation instead of jail time if the offender agrees to partake in and fund drug tests and a drug treatment program.
State law requires a judge suspend offenders’ licenses for six months if convicted of marijuana possession in Virginia, regardless of the type of sentence.
According to a Virginia Commonwealth University study, approximately 62 percent of Virginians strongly or somewhat agree that recreational use of marijuana should be legalized, and 78 percent of Virginians are in favor of reducing the penalty for possessing a small amount of marijuana from a misdemeanor to a $100 fine.
Fogel said he ultimately wants to decriminalize possession of marijuana and defer authority over the issue to the State Board of Health.
“I personally believe that this is America, and we all should have the liberty to do what we want unless it is hurting someone else,” Fogel said.
There is currently a bill in the Virginia General Assembly that would revise the mandate that all drug-related convictions be accompanied by a six-month license suspension to no longer include adult simple possession of marijuana charges.
The bill — State Senate Bill 1091 — was passed in the Senate with a 38-2 vote Jan. 26 and assigned to the House of Delegates Committee for Courts of Justice Criminal Law. It was reported out of committee Feb. 20 with minor substitutions and is yet to be voted on by the House.
The bill notes, however, that “the provisions of this act are contingent upon receipt by the Virginia Department of Transportation of written assurance from the Federal Highway Administration of the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of the implementation of this act.”
Correction: The original headline for this article implied both candidates said they will not prosecute small possession of marijuana. Although Platania said he will ensure nobody goes to jail for possession, he has not said that he will refrain from prosecuting such cases.
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