Having a small amount of marijuana won’t be enough for you to be hit with a criminal record anymore in Broward County.
It’s the latest county in South Florida that plans to cut down on drug cases without trying to change Florida law. Broward State Attorney Harold Pryor intends to reduce the number of pot cases, all but telling the county’s police agencies not to bother referring such misdemeanor cases for prosecution.
“Prosecuting these cases has no public safety value and is a costly and counterproductive use of limited resources,” Pryor wrote in a memo to the law enforcement agencies. He asked the agencies to refer violators to drug-treatment programs instead of the criminal justice system.
The changes, Pryor said, were in keeping with changing public attitudes on marijuana use in general.
Possession of less than 20 grams of marijuana remains a misdemeanor in Florida, and Pryor said prosecutors may still consider cases when other crimes are alleged at the same time. Also, police who reasonably suspect someone is using or in possession of the drug can rely on that suspicion to conduct a legal search.
Any existing misdemeanor marijuana case in Broward will be examined under the new policy of not pursuing charges. The number of how many cases could be dismissed wasn’t available Wednesday.
Miami-Dade announced a similar policy change six months ago, according to an agency spokesman. But no such change has been implemented in Palm Beach County.
Broward defense lawyers and advocates for the decriminalization of marijuana praised Pryor’s move as an improvement over his predecessor’s policy.
Former State Attorney Mike Satz asked law enforcement in 2019 to “use their discretion” when handling misdemeanor marijuana cases, but the office continued to prosecute. Pryor’s policy appears to take a more progressive stand: Police can still make marijuana arrests, but prosecutors won’t pursue them under normal circumstances.
Juveniles who possess marijuana will be referred to diversion programs under the new policy, which is effective immediately.
“As a citizen of the United States and as a student of the constitution, I do support the new policy,” said Fort Lauderdale defense lawyer Antonio Quinn, who said he did not see a significant reduction in drug cases in his practice after the last policy change. “I really don’t think someone being in possession of a small amount of marijuana should be enough to ruin their lives.”
Attorney Bill Gelin, who has frequently criticized law enforcement and prosecutors for zealously pursuing drug cases, especially in minority communities, said Pryor’s policy of declining all cases was the most fair way to reduce such prosecutions.
“When police had the discretion to chose who to charge and who to send to treatment, it smacked of injustice,” Gelin said. “The new policy is justice.”
