An ordinance that would decriminalize the possession of small amounts of marijuana was rejected by the Easton City Council during Wednesday night’s meeting. Supporters of the ordinance said they plan to reintroduce the issue, potentially extending the debate.
The vote was solidified in a split 3-3 vote after Councilwoman Taiba Sultana, who previously expressed support for marijuana decriminalization, voted to abstain. She had previously made a motion during the meeting to table the ordinance, which failed 3-4.
Sultana cited several concerns that she wished to be addressed before moving forward, including personnel allegations with an unidentified member of the council and the transparency of people getting caught with marijuana.
“I want to make sure all the issues are addressed, this is not something I’m doing for personal gain,” Sultana said after the meeting.
“I will be voting yes,” she continued.
The ordinance, introduced by Councilman Frank Pintabone, states that possession of 30 grams or less of marijuana can be expunged from offenders’ permanent records. Offenders would instead be fined depending on the number of offenses, only having the potential to be arrested and charged for drug possession after the fourth offense. If someone is caught with marijuana, they would be fined $25 for the first offense, $35 for the second offense and $45 for the third. The fine for smoking marijuana in public would increase to $150 on a first offense, a second offense would increase to $250 and a third would increase to $300.
“We are going to reintroduce it soon, and I am confident it will pass,” Pintabone said after the meeting. The ordinance was originally expected to be voted on in February.
Pintabone further argued that the ordinance would save police officers’ time with paperwork and allow them to focus on more serious offenses.
Easton mayor Sal Panto argued that the ordinance could encourage matters of racial discrimination as police officers would hold the ultimate power in choosing to comply with state law or the city ordinance.
“What if they make an arrest and it’s a Black person and they decide that they’re going to make it a felony, but the white guy, he gets a misdemeanor?” Panto said during the meeting.
Neighboring cities, such as Allentown and Bethlehem, have both approved similar ordinances, representing two of 17 Pennsylvania municipalities that have also decriminalized marijuana, according to Pintabone.
“All that this legislation does is codify discretionary procedures which many other municipalities in Pennsylvania have enacted,” said Joe Welsh, the executive director of the Lehigh Valley Justice Institute, who spoke in favor of the ordinance on the grounds of racism being tied to criminalizing marijuana.
“The history of marijuana prohibition in the United States is rooted in corporate greed and racism,” he continued.
Nicholas Martinez, a local Easton business owner, pointed out that over 39 states in the country have legalized medical marijuana, including Pennsylvania, since 2016.
Council people remain torn between following state law and addressing what many see as an outdated and discriminatory policy.
“I am not against the intent of this ordinance,” said Roger Ruggles, who serves as chairman of the Public Safety committee on the board. “I just think that the ordinance becomes a law of the city, which is in direct violation to the law of the Commonwealth.”
Three Easton residents also spoke passionately about the impact of current laws on individuals’ lives and futures. The tension between federal, state and local laws remained a central point of contention throughout the debate, with some council members arguing that the city should focus on lobbying state legislators to change Pennsylvania law rather than creating potentially conflicting local ordinances.
“I’m not asking to make it legal,” Pintabone said. “We’re asking to increase one punishment and decrease another to a summary offense. I think it’s time for the city of Easton to think progressively and to think forward.”
