Marijuana possession is no longer handled as a crime in the city of Holmes Beach.
At a Feb. 28 meeting, commissioners unanimously adopted an ordinance creating a civil violation option for possession of cannabis in an amount of 20 grams or less and for possession of drug paraphernalia.
Florida law considers marijuana possession of 20 grams or less and drug paraphernalia a first-degree misdemeanor criminal offense.
The criminal penalties and the creation of a criminal record may be “disproportionate to the severity of the offense,” according to the Holmes Beach ordinance, and establishing civil penalties and procedures may be “more commiserate with the offense.”
“I just want to be clear that what we’re doing is reducing simple possession from a criminal to civil matter,” Peelen said.
Titsworth agreed. She said decriminalizing marijuana possession goes “hand in hand” with prohibiting medical marijuana dispensaries.
“It made us feel a little warm and fuzzy,” Titsworth said, adding adopting both ordinances at the same time was intentional.
The ordinance includes provisions for issuing the civil violation at the discretion of a law enforcement officer, provided such violations are not in conjunction with a felony charge, domestic or violent crimes or driving under the influence.
A first violation could include a warning or a $75 fine. A second violation carries a fine of $150, a third violation is $500 and a fourth violation is up to $750, the maximum civil penalty for any infraction.