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'Bout Damn Time

January 19, 2010 by Rick Caldwell

Finally, some common sense on marijuana laws is coming home to Virginia. And, it's coming from a republican, no less! Not only would H.B. 1136 allow doctors to prescribe marijuana as a medicine, but another bill sponsored by delegate - and pharmacist - Harvey Morgan, H.B. 1134, would go a long way toward relegalizing marijuana in the old dominion. Here's what the bill would do, according to NORML:

1. The bill would reduce minor marijuana possession penalties from a criminal misdemeanor, punishable by up to 30 days in jail, to a civil infraction punishable by a fine-only.

2. The bill would create a rebuttable presumption that a person who grows no more than five marijuana plants grows marijuana for personal use and not for distribution, an offense punishable by a $500 civil penalty. Under present law, marijuana cultivation in any amount is classified as a felony offense, punishable by between 5 and 30 years in jail and a $10,000 fine.

3. The bill removes the two-year mandatory sentence for those found guilty of the distribution of less than one ounce of marijuana. House Bill 1134 also removes the the five-year mandatory minimum sentence for those found guilty of the distribution of more than one ounce of marijuana.

4. The bill also raises the quantities necessary for punishment of possession with intent to distribute so as not to punish amounts that may be possessed for personal use.

Passage of HB 1134 would spare minor marijuana offenders from criminal arrest and incarceration, as well as the emotional and financial hardships that follow. The measure would allow also law enforcement, prosecutors, and the courts to re-allocate their existing resources toward activities that will more effectively target serious criminal behavior and keep the public safe.

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