Following in the steps of Jackson Councilman De'Keither Stamps, Hattiesburg Councilwoman Deborah Delgado wants to eliminate jail time for small amounts of marijuana possession, saying research shows blacks are three times more likely to be incarcerated for having pot than whites.
Delgado, who represents Ward 2, said discussions about decriminalizing possession of 30 grams or less of marijuana has been going on for two months. She hopes to get a local perspective on the subject on July 16 when a town hall meeting will be held at the Hattiesburg Train Depot at 6 p.m.
“We will have people who have studied, people who have done the work, people have a vested interest in changing drug policy in this country to come and address us,” she said.
Delgado said she started paying attention to the subject after following Jackson City Council hearings on the subject.
“I got with him to really find out the reasons why he started to engage the public about it,” she said. “His No. 1 concern was that in arrests in small amounts of marijuana, even though blacks and whites use at the same rate, blacks were three times more likely to be incarcerated.
“In addition to that, he was concerned about the valuable time of the Jackson Police Department being used in pursuing in nonviolent offense cases. His feeling that their time could be better used, considering the needs that they have in that community.”
Delgado said the costs of incarceration bothered her.
“Many times when folks are incarcerated for small amounts of marijuana, they may not even be able to afford bond,” she said. “In that case – I don’t remember what the number is – I know it is $50 or more per day to house somebody for being arrested for a small amount. “
Delgado said suspects who do not bond out are causing a burden on the taxpayer, adding that the city already pays too much for housing people.
“I’m concerned that this country is the largest jailer in the world,” she said. We are the No. 1 country in the world, I believe, in the way we operate in terms of the quality of life of people. But, at the same time, we jail more people than anybody else. If in Hattiesburg, we can subtract from those numbers or we can start to help to reduce the number of people that are held in jail – particularly on minor non-violent offenses – then I think we need to do that.”
Delgado said researchers have said marijuana use does not lead to stronger drugs.
“If we look at the studies and what people are really researching drug policy in this country say, their conclusion is that use of marijuana is not a segue to more dangerous drugs,” she said. “Some people say that is the case; others argue that it is not.”
Delgado stressed that marijuana use will still be illegal.
“It’s still going to be illegal based on what my proposal is,” she said, “but the penalty for being in possession of a small amount would not include incarceration. It would be a fine.”
According to Mississippi statutes, possession of up to 30 grams calls for penalties of a fine of $100- $250. Subsequent convictions within a two-year period are punished with a $250 fine and between five and 60 days in jail, in addition to participation in a mandatory drug education program.
A third or subsequent conviction is punished with a fine between $250 and $500, and between five days and six months in jail. Between one and 30 grams kept in a car brings penalties of a fine up to $1,000, and up to 90 days in jail.
Possession of 30-250 grams means a fine of up to $50,000, and between two and eight years in prison. Between 250-500 grams bring a fine of up to $1,000, up to one year in jail, or both. Subsequent convictions may be punished with a fine of up to $3,000, up to three years in jail, or both.
