Albuquerque City Council votes to decriminalize marijuana

ALBUQUERQUE, N.M. — The Albuquerque City Council voted to decriminalize marijuana possession in small amounts Monday night, after lengthy testimony from citizens mostly urging them to approve the change to the local criminal code.

The proposal put forward by city council members Pat Davis and Isaac Benton would amend Albuquerque’s criminal code by making it a citable offense to possess an ounce (28 grams) of pot and paraphernalia without a valid medical marijuana referral. Authorities could issue a $25 ticket but no jail time. Councilman Pat Davis equated the penalty to a traffic ticket, saying that for many it would “beat having to check a box for the rest of your life” and deal with years of consequences that can result from having a marijuana misdemeanor show up on a court record.

He and Councilman Isaac Benton sponsored the proposal, presenting it as a public safety issue. They argued their proposal will free up police, who have contended with staffing shortages in recent years, to focus on more serious crimes.

“At the end of the day, our police officers have more important things to do” Davis said.

The bill still must receive final approval from Democratic Mayor Tim Keller. Last year, he replaced Richard Berry, a Republican who had vetoed a similar proposal in 2015.

If passed this year, Albuquerque would join a growing list of U.S. municipalities that have enacted similar measures.

“This would put Albuquerque in line with a third of the population” in the United States, said Emily Kaltenbach, the state director in New Mexico for the Drug Policy Alliance, which has advocated nationally for easing drug sentencing laws.

Santa Fe already has a similar measure decriminalizing marijuana in place.

Under Albuquerque’s current criminal code, police can issue $50 fines to first-time offenders possessing an ounce or less of marijuana. Authorities also can jail first-time offenders for a maximum of 15 days, though such instances appear to be rare. The fines and penalties increase with a second violation.

While a petty misdemeanor, a marijuana possession charge can potentially hinder a person’s chances at securing housing or student loans, Kaltenbach said.

The City Council approved the measure on a 5-4 vote. Councilwoman Cynthia Borrego was among those who voted against it.

“There’s no empirical evidence that shows the relationship between a reduction in crime and decriminalizing marijuana,” she said.

The measure also has backing from the city’s police union.