New pot law: $100 for 20 grams

Fifine

By the time the new year rolls in, getting caught with a small amount of marijuana won’t necessarily lead to a big amount of trouble in Palm Beach County.

The Palm Beach County Commission voted 4-1 Tuesday to make possession of 20 grams or less of marijuana punishable with a civil citation and a fifine of $100. Twent y grams is about 70 percent of an ounce.

The new ordinance will go into effffffffffffect once it’s fifiled with the Florida Department of State, which should take about 10 days.

The move puts Palm Beach County on par with the city of West Palm Beach and Mi-

ami-Dade and Broward counties, where officials also decriminalized possession of 20 grams or less of marijuana.

But those caught smoking or selling pot can still face criminal charges. And the new ordinance applies only to those 18 years old or older in unincorporated Palm Beach County. Cities, however, can vote to embrace it.

Those who can’t pay the $100 fine, or don’t want to pay it, will have the option of performing 10 hours of community service.

But those who contest the civil penalty in court and then are found in violation of the law would face a fine of up to $500 plus court costs. Failure to pay the $100 fine or perform community service could also bring a fine of up to $500.

State law still treats possession of marijuana as a criminal offense, meaning sheriff ’s deputies will have the option of issuing a civil citation or having the offender face a criminal charge.

Commissioner Hal Valeche voted against the ordinance, and Commissioners Shelley Vana and Paulette Burdick were not at Tuesday’s meeting.

Valeche wondered aloud how Sheriff Ric Bradshaw — who did not weigh in on the debate — would instruct deputies to use that discretion.

“Is he going to have to retrain the entire force?” Valeche asked.

“We don’t know how the sheriff is going to enforce this or what type of training he’s going to do,” responded Deputy County Administrator Jon Van Arnam.

Commissioner Priscilla Taylor proposed the ordinance in June.

Supporters have said the change will keep people from having their job and education prospects snuffed out by a criminal record for a minor offense. Others have argued the new ordinance sends the wrong message and could result in users graduating from pot to other drugs like heroin or cocaine, a concept dispelled by the National Institute on Drug Abuse.

The County Commission was set to vote on the new ordinance in October, but Commissioner Melissa McKinlay gained a delay so staff members could determine how to treat those who repeatedly receive civil citations and others who can’t afford the $100 fine.

Concerned about the ability of people to pay, staff decided against making repeat offenders subject to escalating fines.

The new ordinance allows a person to receive only two civil citations. A third offense could mean a criminal misdemeanor charge.

“I find this a little more palatable,” McKinlay said. “I’m still concerned we didn’t escalate the fines, but I’ll take one out of two.”