Can a local prosecutor decide to just stop prosecuting marijuana cases? The Va. Supreme Court will

[TexasTowelie]

Can a local prosecutor decide to just stop prosecuting marijuana cases? The Va. Supreme Court will decide


Every year Virginia lawmakers introduce bills to decriminalize possession of small amounts of marijuana. Every year, they fail despite overwhelming public support.

Now, a handful of locally elected prosecutors are taking up the issue, announcing that they will no longer prosecute most simple possession cases.

Not all local judges, however, are willing to go along with it.

The standoff sets up a legal battle over the extent of prosecutorial discretion that will likely to be decided by the Supreme Court of Virginia.

“What we’re witnessing is a dispute over the appropriate separation of powers,” said Richmond defense attorney Steve Benjamin. “May a prosecutor on his or her own discretion choose not to prosecute conduct the General Assembly has criminalized?”

Read more: https://www.virginiamercury.com/2019/04/22/can-a-local-prosecutor-decide-to-just-stop-prosecuting-marijuana-cases-the-va-supreme-court-will-decide/

[PoindexterOglethorpe]

1. My first impulse is to say yes.

Prosecutors have a lot of discretion about what cases they will take.

[TexasTowelie]

2. The DA in Dallas County has taken a similar stance towards marijuana prosecution

and other petty crimes. The cost of prosecuting those crimes exceeds any benefit that is gained and also makes i more difficult for those convicted to find employment so they can avoid getting stuck in lifestyle where they are considered to be lawbreakers.

[tirebiter]

3. Yes

The DA in Eugene, Oregon stopped prosecuting simple possession 40 some odd years ago. It took awhile for everyone to catch up but look at things now.

Similarly Kampala Harris never sought the death penalty when she was a prosecutor.

In my town the cops refuse to ticket anyone for sleeping.