Newark City Council unanimously passed an ordinance on prosecution of marijuana-relation violations in the city at its July 14 meeting.
The amended rules allow Newark’s Alderman’s Court to prosecute individuals under 21 years old for private possession, use or consumption of marijuana. The first two violations will be civil offenses and any after will be misdemeanors.
The Alderman’s Court will be able to prosecute individuals 18 or older for possessing more than a personal use quantity in private or public settings.
Finally, it also allows Alderman’s Court to prosecute any person 18 or older for use in areas accessible to the public or in a moving vehicle. That includes sidewalks, parking lots, restaurants or any outdoor location within 10 feet of public areas.
Newark’s city solicitor Paul Bilodeau recommended Council approve the proposal back in May.
“Adopting this Ordinance will ensure the vigorous prosecution of marijuana offenses occurring in Newark,” Bilodeau wrote in May to the mayor and Council. “It will allow our Police Officers to remain in Newark for such prosecutions, instead of having to travel to and from Wilmington.”
It would streamline the prosecution process by avoiding New Castle County’s Court of Common Please in Wilmington.
Mayor Travis McDermott said these cases often get dismissed without any prosecution because of the state’s heavy caseload.
“In some cases, it keeps our Aldermen to have the ability to actually enforce these types of laws, right? Because the state doesn't have the bandwidth to prosecute these types of things in the Court of Common Pleas,” McDermott said.
McDermott noted State Rep. Cyndie Romer and State Sen. David Sokola led the effort to pass legislation in the General Assembly granting prosecution power to Newark in these instances.
Bilodeau stood by his recommendation at the latest Council meeting.
“Most particularly it would be like public consumption, somebody walking down Main Street smoking a joint,” Bilodeau said. “So this ordinance codifies the changes to state code that allows us to do it. So that's basically the final step to get that jurisdiction for our ultimate court.”
The General Assembly passed a bill earlier this year granting Alderman’s Court jurisdiction along with the state’s Court of Common Pleas.
Mayor Travis McDermott says these changes will allow more prosecutions to go through.
