Juvenile Marijuana Use (H 7362, S 2544)

When Rhode Island decriminalized marijuana just a few years ago, it did so in part to keep youth possessing small amounts of marijuana out of jail and away from the lifetime of consequences a drug conviction can bring. This year, the General Assembly approved legislation, submitted on behalf of the Attorney General, undermining that effort by placing juveniles caught with marijuana back in front of a Family Court judge instead of the Traffic Tribunal. In March, the ACLU testified before the House committee on Health, Education and Welfare and Senate Judiciary committee that once a child is in Family Court, the judge can impose any number of requirements upon the juvenile and incarcerate them when they do not follow through. Once a child is placed in the Family Court jurisdiction it can be very difficult for them to disentangle themselves; the disastrous result can be that the child spends time in the Training School for behavior which Rhode Island otherwise imposes a simple fine. The Senate passed this legislation in June; the House followed shortly thereafter.