By MATT LINDSEY

North Country Assemblywoman Addie A.E. Jenne is backing a proposal that would weaken marijuana possession laws, but the change would not stop anyone for being ticketed for possessing the drug.

Jenne, D-Theresa, who is a multi-sponsor of the bill, says the proposed legislation would close a small loophole of a decriminalization law for people who are in possession of small amount of pot.

The proposal is aimed at amending fifth-degree criminal possession of marijuana. A person is guilty of fifth-degree criminal possession of marijuana when they possess marijuana in a public place, and the marijuana is burning or in public view.

A person can also face the same charge if he or she possesses twenty-five grams of the drug.

Criminal possession of marijuana in the fifth-degree is a class B misdemeanor, but the proposed amendment would reduce the penalty to a violation. This act would take effect the next Nov. 1.

“It makes sense,” she said. “We’re on a path to legalize it – if not the whole country.”

Jenne says pot possession tickets can haunt young people who get caught up in legal issues related to marijuana possession.

“It’s not a huge step,” Jenne said, “but closing this loophole with allow young people to be productive citizens and contribute to the economy as an adult.”

Jenne says that pot legalization should be a national debate.

The assemblywoman noted she was opposed to loose marijuana for smoking being a part of a medical marijuana draft presented by Gov. Cuomo due to health and legal concerns.

“Smoking, no matter what it is, has been proven to be unhealthy,” Jenne says. “Also, in the North Country we have lots of federal enforcement and my concern is that our area would be more susceptible to eager law enforcement looking to target medical marijuana users.

“I didn't want sick people being targets (of law enforcement),” she said.

Jenne maintains that the “proper place” for recreational marijuana legalization should be on a federal level.

Jenne said that most drug arrests don't result in jail or prison time, as has been the case in the past, and that the prison population is at an all time low in the state.

In 2014, over 620,000 people across the U.S. were arrested for possession of marijuana. This figure represents more than one in twenty arrests for that year and equates to 1,700 arrests per day. That’s more than one arrest per minute, according to Gov. Cuomo.

“This past year, almost 90 percent of marijuana law violations were for possession and not sale,” a report from Gov. Cuomo’s office says.

Cuomo says the over-prosecution of marijuana possession has significant fiscal impacts. In 2010, New York City spent $75 million to arrest and jail individuals for the possession of mostly small amounts of marijuana.

An estimated 90 percent of those individuals had no subsequent felonies.

Similar Bills Have Failed

Cuomo says he will advance legislation amending the state’s marijuana drug laws by removing the criminal penalties that too often result in the over-prosecution and jailing of non-violent individuals.

Possession of small amounts of marijuana has been decriminalized in New York since 1977. Currently, possession of marihuana in public view is as a class B misdemeanor.

While the full text of the bill is not yet available, a similar bill proposed in 2015 would decriminalize pot possession when the marijuana is in a public place and possession is less than 25 grams. Arrest and fines would still be handed down for selling the drug and smoking in public.

The new bill would make possession of small amounts of marijuana in public view a ticket-able offense, but would keep smoking pot in public a misdemeanor.

“This measure reflects the national trend and dramatic shift in public opinion. Whereas other states have sought the full legalization of marijuana, this legislative change will specifically affect individual users and not reduce penalties on those who illegally supply and sell marijuana.”

Legislators have attempted several times to pass similar versions of this bill without luck.

Cuomo’s Views Changing

Cuomo’s proposal comes just a few months after California, Maine, Nevada and Massachusetts joined the four other states that voted to tax and regulate marijuana for recreational use by adults.

Cuomo was anti-pot not that long ago but has eased up on his stance in recent years.

In July 2014, Cuomo and New York State Legislature enacted the Compassionate Care Act to provide medical marijuana for certified patients with serious medical conditions.

The New York State Department of Health announced in December that chronic pain will be added as a qualifying condition for medical marijuana.

The other ten qualifying conditions are cancer, HIV infection or AIDS, amyotrophic lateral sclerosis (ALS), Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, and Huntington's disease.

“The illegal sale of marijuana cannot and will not be tolerated in New York State, but data consistently show that recreational users of marijuana pose little to no threat to public safety,” the report says. “The unnecessary arrest of these individuals can have devastating economic and social effects on their lives. Individuals can miss work, be fired, establish a record that prevents them from finding work in the future, and spend time in jail awaiting trial if they are unable to post bail.”

The report says decriminalizing marijuana would continue the governor’s commitment to reduce the number of nonviolent individuals who become needlessly entangled in the criminal justice system.