Up in smoke: Easton City Council snuffs out marijuana decriminalization ordinance

EASTON, Pa. — An ordinance that would have essentially decriminalized small amounts of marijuana in Easton failed to pass when council deadlocked on the decision Wednesday night.

Despite a small show of public support, with three people commending City Council for passing the measure prior to the vote, council split its vote, with Councilwoman Taiba Sultana abstaining, effectively killing the ordinance.

The ordinance, which would treat marijuana possession in a manner akin to a traffic ticket, sparked plenty of discussion and debate when it was introduced at council's February meeting.

Prior to the official vote, Councilman Roger Ruggles said he was supportive of the intent of the ordinance, but agreed with Mayor Sal Panto Jr. that it should be handled by the state legislature.

He also repeated Panto’s concern about the potential issue of having police beholden to conflicting laws.

Councilman Frank Pintabone, who originated the ordinance, acknowledged Ruggles’s concerns and asked with how man police officers he had discussed the ordinance.

Ruggles said he may have brought up the topic with five or six officers.

“I’ve done 13 who all agree with this ordinance and said it would save them a hell of a lot more time on paperwork, and [allow them] to get back to normal business, including ones who said sometimes they overlook it because the process is too hard,” Pintabone said.

A city- or state-level question?

Pintabone said 17 other municipalities, including Allentown and Bethlehem, have passed such measures.

“The state has allowed this for 17 municipalities," Pintabone said.

"As far as the federal government, there's almost 30 states that have legalized it completely, and no lawsuits or fighting from the federal government has come down. So I think what we're doing is we're fear mongering."

Ruggles said he felt the ordinance bypassed state laws and went against the oath council took to support those laws.

City solicitor Joel Scheer said Ruggles’s concerns were fair and common, and advised Pintabone and his fellow council members to draft a resolution urging state legislators to pursue decriminalization.

Vice Mayor Ken Brown wrapped up the discussion by saying he would support the measure at a state level, but not as a city ordinance.

Ruggles, Brown and Panto voted down the ordinance. Councilman James Edinger, Pintabone and Councilwoman Crystal Rose voted in favor.

While the ordinance failed, Pintabone said he plans to reintroduce it.

Support from the public

Before the vote on the ordinance even took off, the matter prompted public support and some discussion over tabling it.

Joe Welsh of Lehigh Valley Justice Center reviewed the history of marijuana in America, detailing how marijuana became prominent as a “healthier and cheaper intoxicant” predominantly in minority communities.

That eventually led to the criminalization of marijuana, despite later studies showing the substance was not a gateway drug nor a factor in violent crime in the 1970s.

“All that this legislation does is codify discretionary procedures which many other municipalities in Pennsylvania have enacted, including our sister cities right here in the Lehigh Valley," Welsh said.

"So we ask tonight for council to step up to the plate.”

Three individuals spoke in favor of the ordinance, as well, highlighting the history of racism amongst law enforcement when it came to arresting and charging people with possession and/or use.

Tabling the vote

Sultana originally tried to table the vote, citing unspecified concerns.

“I have to say this with a heavy heart: I call a motion to table the ordinance, because, in light of the aforementioned allegations against one of the officials that were brought to my attention recently regarding the possession of marijuana," Sultana said.

"I respectfully make a motion to table the ordinance to decriminalize marijuana until the concern brought to my attention is addressed."

Sultana offered no further comment.

Panto said he felt the matter should be addressed by state legislators, which prompted Pintabone to respond.

“We're asking to increase one punishment and decrease another to a summary offense," Pintabone said.

"Considering we have a president who holds the highest job in the land with 36 felony convictions, I don't believe that I'm asking for anything too farfetched.

"I think it's time for the city of Easton to think progressively and to think forward."

Brown said he did not see a point in tabling the matter, but said he would vote against the ordinance because of concerns over exposing children to marijuana smoke in public.

'Wrong if we vote against this'

Panto chimed in again to cite a concern over Easton Police Department officers being held to two legal standards.

“My concern is what the individual police officer will charge. You have two laws, a city law and a state law," he said.

"They take an oath to swear to enforce the laws of the ordinance of the city, the state of Pennsylvania, [and] the federal government.

"So if I get arrested, not me personally, but 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.

Pintabone responded, stating that if police were engaging in such behavior, would it not be better to know about it?

Rose told council she would prefer to see the vote go forward.

“I would hate to see some young person or old person, or someone who’s medically challenged, who has a small amount of cannabis, see this go on their record,” Rose said.

“I think we’re in the wrong if we vote against this.”

Pressed to express her concerns over the ordinance again, Sultana said she could not speak any more on the topic.

Ruggles, Sultana, and Panto voted to table the ordinance; Brown, Edinger, Pintabone and Rose voted against tabling, which ultimately failed.