Decriminalizing marijuana draws support

MEDIA » After about 45 minutes of testimony, Delaware County Council’s public hearing on the marijuana ordinance smoked out for those viewing the Facebook live stream.

About an hour and a half into the hearing, county council cut off the live feed completely and issued this statement, “The audio for thehearing cut out at about 45 minutes into the hearing. We restarted the live stream, but there was still no audio. We will work to upload the video tomorrow. We apologize that the entiremeeting could not be watched and heard live.”

In July, county council unani

mously approved hiring Anixter/ Cenero for an amount not to exceed $ 55,000 for audio visual/ IT infrastructure in the county council meeting room to allow for higher quality streaming capability. As county council Chairman Brian Zidek said, Wednesday night’s hearing was the first public unveiling of that system.

“This is the first time council has actually appeared in person with our new audio visual and speaker system so I hope it is a better experience for thosewho are in attendance here today and those watching from home,” Zidek said, welcoming those to the hearing.

At first, the system was splendid.

The visuals were sharp and bright — and therewas a zooming capability that allowed the operator to focus on the person speaking. Previously, the camera stood in one spot with a panned shot of all of council and it was up to the viewer to watch who was speaking.

The sound started fine, although a bit muff led sometimes because of the mask wearing and positioning of the microphones. At intermittent times, the sound cut out as viewers commented with remarks such as “no sound” and “we can’t hear.”

Then, when Chris Welsh, director of the Delaware County Public Defender’s Office, stood up to the podium in the meeting room, the sound gave out on the live feed — and never returned, although the images remained in tact.

County staff tried multiple times to restart the feed but were left to try another day after issuing the statement that the hearing will be available online at the county’s website at delcopa.gov today. Alas, despite the technical mal functions, not all went up in smoke for those viewing the Facebook live feed Wednesday. Previously recorded comments from Lt. Gov. John Fetterman as well as those from Delaware County District Attorney Jack Stollsteimer, Upper Darby Police Superintendent Timothy Bernhardt and Joseph Fitzgerald, president of the Fraternal Order of Police, Delaware County Lodge 27, were heard loud and clear.

Fetterman, a well- known advocate of the legalization of recreational marijuana, said Delaware County could serve as a leader in moving the issue forward by passing the ordinance that would allow law enforcement officers the option to issue a citation for those possessing 30 grams or less of marijuana.

Currently, possession is a misdemeanor and can result in 30 days in prison with a $ 500 fine. In addition to allowing it to be a citation— or the equivalent of a parking ticket— Fetterman said he recommended having the fine be $ 25 to send a message that it is a small civil matter.

“Decriminalizing marijuana, in my experience after traveling all 67 counties across Pennsylvania, is a foregone conclusion,” Fetter mansaid, adding that he encountered no statistically significant level of opposition in any of the counties.

He said Pennsylvania averages about 20,000 criminal cases of marijuana a year.

“Those people’s records are damaged in perpetuity currently in Pennsylvania,” he said. “If Delaware County would take this step forward, you’re going to have hundreds of people from Delaware County not beginning that journey. And I can’t tell you what thatwould mean if the rest of the state would follow your lead on this.”

Fetterman added that people of color are disproportionately impacted by the illegality of cannabis in Pennsylvania.

“Removing that is also critical because it’s a racial bias towards these communities,” he said.

“We look to Delaware County as taking this first courageous step towards acknowledging decriminalizing the use of a plant. It’s what I think Pennsylvania wants and needs.”

Stollsteimer stressed that the discussion was not the decriminalization of marijuana as county council does not have the authority to change state law. “No matter what action council may take, possession of a small amount of marijuana will remain a state crime in Delaware County and throughout the Commonwealth of Pennsylvania,” he said. “What you’re doing is just creating a civil penalty. You’re not doing anything to the state law. State law is still going to exist. You can still be charged.”

Fitzgerald spoke of how law enforcement resources are already stretched thin, with some departments throughout the county only having 12 officers, with only two on an entire shift at a time.

“The ordinance under consideration will allow for more efficient ways that officers can contend with the offenses,” he said, adding that residents arrested for this type of possession could take up a substantial amount of time for an officer including transportation, lodging of the person, fingerprinting, photographing and creating a criminal complaint. “If an officer is tied up conducting a formal arrest, their ability to respond to emergency calls are hampered.”

Upper Darby, Folcroft, Collingdale and Morton have passed their own municipal versions of the ordinance that county council is considering.

Timothy Bernhardt formerly oversaw Upper Darby’s Narcotics Division, served on the District Attorney’s Drug Task Force and FBI’s Gang/ Drug Task Force. He said Upper Darby police made approximately 400 arrests for possession of small amounts of marijuana in 2019.

He said Upper Darby’s ordinance was meant to address the handling of minor, non- violent offenses for the personal possession or use of small amounts of marijuana.

“As superintendent of police, I truly believe this is one way we can begin to build trust and legitimacy in the communities that we serve,” Bernhardt said. “Times have changed andwe need to change with them.”

“As superintendent of police, I truly believe this is one waywe can begin tobuild trust and legitimacy in the communities thatwe serve. Times have changed andwe need to change with them.” — Timothy Bernhardt, Upper Darby

Fetterman