Amends §§ 14-1-3 and 14-5-8, relating to possession of marijuana and proceedings in family court ensuring that children under 17 years of age in possession of less than 2 oz of marijuana are subject to the jurisdiction of the family court.
Summary
S0560 is an act that amends existing laws related to juvenile proceedings in family court, specifically addressing the possession of marijuana by minors. The bill stipulates that children under the age of seventeen found to be in possession of less than two ounces of marijuana will fall under the jurisdiction of the family court rather than criminal courts. This reclassification aims to treat such offenses within a familial and rehabilitative framework rather than a punitive one, highlighting a shift towards treating juvenile marijuana possession as a matter for family court rather than the criminal justice system, thus reflecting changing attitudes towards youth and drug use.
The bill also proposes to amend the definition of 'waywardness' to align more closely with the definition of 'delinquency.' This change is intended to create a juridical consistency in how the law interprets behaviors exhibited by minors. The implication of this amendment is that it seeks to support a more rehabilitative approach, potentially providing avenues for counseling or treatment rather than outright punitive measures for young individuals who may be caught in possession of marijuana.
One significant impact of the bill is on the way minors are prosecuted for marijuana offenses, steering clear from the criminal justice system where they might face harsher penalties. Instead, by placing these situations under the auspices of the family court, the legislation aims to facilitate care and treatment for affected youths. Proponents argue that this would help in addressing underlying issues more holistically and support rehabilitation over punishment.
However, the bill might face contention from various stakeholders, particularly those who believe that it could permit or encourage drug use among minors by reducing perceived consequences. Critics may argue that such an adjustment to the legal framework might send a mixed message about drug use and its seriousness, highlighting the need for careful consideration of substance education and prevention measures within family court processes.
Amends the definition of a wayward offense in the family court to conform to current statutory penalties for possession of marijuana offenses, promulgated in chapter 28 of title 21 (the "uniform controlled substances act").
Amends the statute so as to conform to current statutory penalties for possession of marijuana offenses promulgated in the Rhode Island cannabis act allowing for possession of up to two (2) ounces of marijuana.
Makes the possession of small amounts of schedule I through V controlled substances, except for the possession of marijuana, civil violations punishable by a ($100) fine for a first offense and up to ($300) for subsequent offenses.
Prohibit the family court from detaining any juvenile or committing any juvenile, under the age of 14 years, to the training school, for any offense other than murder, first degree sexual assault, or an attempt to commit such offenses.