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Albuquerque City Council to vote on decriminalizing pot

ALBUQUERQUE – A proposal to decriminalize marijuana possession in small amounts is expected Monday to go before the Albuquerque City Council, as a growing number of U.S. municipalities have enacted similar measures.

The proposal put forward by city council members Pat Davis and Isaac Benton would amend Albuquerque’s criminal code by making it a citable offense to possess an ounce (28 grams) of pot and paraphernalia without a valid medical marijuana referral. Authorities could issue a $25 ticket but no jail time.

Under the city’s current criminal code, police can issue $50 fines to first-time offenders possessing an ounce or less of marijuana. Authorities also can jail first-time offenders for a maximum of 15 days, though such instances appear to be rare. The fines and penalties increase with a second violation.

While a petty misdemeanor, a marijuana possession charge can potentially hinder a person’s chances at securing housing or student loans, Emily Kaltenbach said, the state director in New Mexico for the Drug Policy Alliance, which has advocated nationally for easing drug sentencing laws.

The city council’s agenda shows the measure is scheduled to receive a vote on Monday evening. If it wins approval, it will be sent to the mayor.

In 2015, a similar proposal went before the city council, but was vetoed by Mayor Richard Berry, a Republican. Berry was replaced late last year by Tim Keller, a Democrat.

Davis said he believes the proposal’s prospects have been boosted by the change in administrations.

The measure also has backing from the city’s police union.