Some marijuana possession cases will no longer be prosecuted in Louisville

LOUISVILLE, Ky. (WDRB) -- Some arrests for possession of small amounts of marijuana will no longer be prosecuted in Louisville.

Jefferson County Attorney Mike O'Connell announced the new policy Wednesday. The change means that his office will no longer pursue cases where people were charged with an ounce or less of marijuana, if that is the only or most serious charge against the defendant.

"The decision came after a lot of deep personal reflection on what was going on in the community and other similar urban areas," O'Connell said. "We will now devote even more time and attention to the serious, and potentially deadly, crimes involving guns, domestic violence and DUI." He also said the policy will allow his office to use its limited resources efficiently.

The move will also eliminate questions of racial bias for enforcement of marijuana laws. O'Connell cites a 2013 study that found black and white Americans use marijuana at roughly the same rates, but blacks are four times more likely to be arrested for using pot. He said white people were charged at just over 300 per a 100,000 population, according to police data.

"Blacks were charged at a rate of 1,349 per a 100,000 population," O'Connell said.

O'Connell said it's likely not intentional, but "for me to be a minister of justice, I cannot sit idly by when communities of color are treated differently."

Marijuana has been a crime punishable by citation in the state since 2011. O'Connell noted that a Kentucky law does allow people charged with possession of marijuana to have the charges voided from their records after 60 days. In some cases, the charges can be wiped at no cost to the defendant.

"No one should see their future diminished over a charge like this, especially when there are available legal tools to wipe this from a person's criminal history," said O'Connell.

The new policy does not apply to people under 21, and the County Attorney's Office will continue to prosecute cases of marijuana trafficking, marijuana cultivation and driving under the influence of marijuana. Arrests made for "public display, use, or consumption of marijuana and public intoxication as a result of marijuana" will face prosecution.

O'Connell said he did not talk with LMPD Chief Steve Conrad about the policy change until last night. He declined to discuss the conversation.

In a press release, Conrad said officers will generally not write citations for small amounts of marijuana anymore but will seize the drug and can use it as a pretext to search the vehicle.

And Jean Porter, a spokeswoman for Mayor Greg Fischer, said in a statement:

"We respect the decision of the County Attorney's Office amid an evolving conversation around marijuana here and across the U.S, and support Chief Conrad's efforts to adjust LMPD's practices in response to the new policy. The Mayor understands that this is an issue that relates to a range of others, including equity, and encourages the discussion surrounding marijuana policy to continue here in Louisville and at the state and federal level."

This stands in opposition to a quote she gave WDRB in June, when she said "marijuana is still illegal in Kentucky, and the mayor has a constitutional duty to uphold the law."

Metro Council approved an ordinance in June that would make possession of small amounts of marijuana the lowest priority for LMPD officers, but the measure does not decriminalize marijuana.

Statement from Conrad:

"LMPD respects the decision of the County Attorney’s Office not to prosecute possession of small amounts of marijuana. Our officers will be instructed not to routinely write citations for this specific offense based on guidelines provided by the County Attorney’s Office.

Still, it is important for the public to understand marijuana possession remains illegal in Kentucky and as police officers we have a sworn duty to uphold the law.

The Louisville Metro Police Department prioritizes its resources on violent crime. Sometimes investigations into violent crime and marijuana possession intersect.

As marijuana remains illegal in Kentucky, the detection of marijuana during an investigation may still provide probable cause for officers to conduct a search. Additionally, officers who find marijuana in small amounts may still seize the drug and process it through our property room, whether there is a citation written or not."

O'Connell said there were almost 3,400 citations in the system for marijuana in 2017, based on data from LMPD.

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