Virginia prosecuted over 46,000 marijuana cases in 2018

Eric Everington and Adam Hamza, from WHSV 3 Report:

"Capital News Service examined a database of more than 2 million cases processed in General District Courts across Virginia in 2018. Marijuana possession cases numbered more than 46,000. The only offenses more common than marijuana possession were traffic-related, such as speeding, reckless driving and driving without a license.

Of the marijuana cases, more than 31,000 had been filed in 2018; the others had been filed in previous years.

About 35,000 of the cases before the General District Courts last year ended with a final disposition. In approximately 20,000 cases, the defendant was found guilty; in about 14,900 cases, the defendant was found not guilty or prosecutors dropped the charges.

Besides underscoring the prevalence of marijuana prosecutions, the data also sheds light on another factor often cited by critics of marijuana laws: the disproportionate impact on African Americans.

African Americans make up 19% of Virginia’s population, according to the U.S. Census Bureau. But they represented 49% of all marijuana possession prosecutions — and 51% of all defendants found guilty. More than 1,400 of every 100,000 black Virginians faced marijuana charges in General District Court last year.

In contrast, non-Hispanics whites make up 61% of Virginia’s population. But they represented 48% of all marijuana possession prosecutions — and 45% of all defendants found guilty. About 425 of every 100,000 white Virginians faced marijuana charges in General District Court last year.

Surveys have shown that similar proportions of whites and blacks use marijuana. The racial disparity is one reason why Virginia Attorney General Mark Herring convened a “Cannabis Summit” on Wednesday to discuss decriminalizing possession of marijuana and legalizing it for recreational use.

“The burden of this system is falling disproportionately on African Americans and people of color,” Herring said. “There is a better and smarter approach to cannabis, and I think the time has come that we can embrace that.”

In recent months, Herring has stepped up his arguments calling for the decriminalization of possession of small amounts of marijuana, action to address past convictions for simple possession, and legalization and regulation of adult use of marijuana in Virginia.

The attorney general noted that in 2018, marijuana arrests in Virginia totaled almost 29,000 — their highest level in at least 20 years. That was triple the number of marijuana arrests in 1999. More than half of those arrested last year were under age 24.

Virginia spends more than $81 million annually enforcing marijuana laws, Herring said.

“Virginia’s policy of criminalizing minor marijuana possession is not working,” Herring said in an op-ed.

“It is needlessly creating criminals and burdening Virginians with convictions. The human and social costs are enormous, in addition to the millions of dollars it costs Virginia taxpayers. And the negative consequences of the current approach fall disproportionately on African Americans and people of color.”

Under current Virginia law, any person knowingly or intentionally possessing marijuana — unless the substance was obtained with a doctor’s recommendation — is guilty of a misdemeanor and can be fined up to $500 and confined in jail for up to 30 days.

In addition to the fines and jail time, people found guilty of possession of marijuana may face challenges such as finding employment, being approved for rental applications and being accepted to college even years after a conviction."