In a very rare split vote, the Orlando City Council narrowly approved a new marijuana policy that will allow police officers to issue civil citations instead of arresting people in possession of small amounts of marijuana. Mayor Buddy Dyer cast the tie-breaking vote during the first hearing for the new ordinance, as the City Council split 4-3. Commissioners Jim Gray, Tony Ortiz and Sam Ings voted against the measure. Commissioner Robert Stuart supported the measure, but expressed serious questions and concerns which will likely lead to changes before the second hearing.
Public comments during the hearing were mixed, but mostly supported the proposed ordinance. A majority of public comments in favor of the new marijuana policy also expressed serious community concerns with the Orlando Police Department, something Mayor Dyer and other Commissioners likely did not expect.
Residents expressed concern with a portion of the proposed ordinance regarding officer discretion on marijuana matters. Throughout numerous public comments, the City Council was told the real focus of local reform should be the predatory nature of the Orlando Police Department. Residents and supporters of the measure also warned the proposed ordinance does not go far enough, but will be a good first step in a long process of reform. There were pleas to City Commissioners to work on the real problems impacting the city, including the lack of trust in OPD by the community.
Local police do not appear to have been targeting possession of marijuana for arrests. In fact, the data doesn’t match the rhetoric surrounding the current local effort. Out of 43,000 arrests that were booked into the Orange County jail system last year, less than one percent were charged with only marijuana possession, according to Orange County Sheriff Jerry Demings, who testified before the Orlando City Council. He requested a uniform policy for all of Orange County.
Before the vote, Orange County Mayor Teresa Jacobs warned residents and college students that nothing was changing in the region based on Orlando’s possible new ordinance. She decried the use of the word “decriminalization,” saying it was not happening despite what some Orlando officials were saying. Now, people in the City of Orlando will face a $50 fine for the first offense and $100 for the second offense, but will also now have marijuana citations on their permanent record, and Mayor Jacobs warned potential employers would still seek that information.
Before the Orlando City Council new policy, most who were stopped by police with marijuana were simply let go after officers confiscated the pot. It will be interesting to watch and see how many new civil citations are issued and what kind of database and statistics are provided as the new policy is implemented.
Commissioner Stuart raised valid questions that exposed city staff and the Dyer administration for not having thought this policy through completely. Stuart worried about drug-free zones and if penalties would be more harsh in those zones as originally intended. He wanted to know what will happen with the new revenue stream created by the citations, and suggested the City of Orlando look into drug education or other efforts with the new money. He questioned what would happen to residents with a third violation, which requires a court date, and he questioned whether there should be different penalties for 18-21 year olds. He prefers consistency with Orange County policy, but also voted to support the proposed ordinance.
Commissioner Ings said the ordinance will make it easier for criminals to use and sell marijuana in Orlando. He said the Council should not make people selling and using drugs more comfortable and that “we need to keep our community safe.” Ings warned that Orlando’s family-friendly image could be threatened, which could impact our local economy. He said the proposed ordinance was “not in the best interest of our community.”
Commissioner Gray said simply, the city does not need the new ordinance. He stated police officers clearly already have alternatives to arrest and are implementing them successfully. Commissioner Ortiz, a former police officer, said Orlando should not follow other cities, but should raise the bar above them. He said there is no scientific data to support the ordinance and echoed Gray by saying officers already practice discretion and rarely arrest for marijuana possession. Ortiz proposed lowering the ordinance from 20 grams of marijuana to only 5 grams and raising penalties to at least $150, while adding mandatory counseling and age limits.
Commissioner Regina Hill supported the ordinance, but she did say she was worried about the portion of the ordinance regarding police officers’ use of discretion. Hill said it was “something I was afraid of,” but she added she just wants to make sure all cases in the city are treated equally. It was a statement that Hill listened to the public and understands more must be done for community-police relations locally.
Commissioner Patty Sheehan appeared not to fully understand the proposed ordinance. Sheehan said her “only concern” with police discretion would be if guns were involved or if someone was dealing drugs in front of kids. Police Chief John Mina clearly stated in the presentation ONLY possession of marijuana under 20 grams would result in a citation. The ordinance and police chief make clear these kinds of activities are beyond illegal and would always result in arrest. Sheehan also said she was “troubled” by some of the comments from the public who were harsh when describing the Orlando City Council. Apparently, Sheehan does not like people calling out her and her fellow Commissioners on the record.
There will likely be several changes to the ordinance before the second hearing. But the votes are there and this will be a done deal in some form in a matter of weeks.
