On November 23, Florida Representative Dotie Joseph, D, introduced legislation that looks to decriminalize all current illicit drugs. HB 725, titled “Collateral Consequences of Convictions and Decriminalization of Cannabis and All Drugs Act,” the bill would look to help those convicted with personal usage and possession of cannabis and all other illicit drugs.
“I filed the “Collateral Consequences of Convictions and Decriminalization of Cannabis and All Drugs Act” which is an effort to end criminalization of those that need help in favor of solutions that “focus on public health and equity,” tweeted Representative Joseph.
The bill, prefiled as HB 725, “intends the prioritization of rehabilitative health intervention in lieu of criminalization for personal usage of controlled substances, including but is not limited to stimulants including cocaine, methamphetamine, opioids, heroin, fentanyl, depressants or benzodiazepines, and other addictive controlled substance.”
Any crimes “associated with the personal usage and possession of controlled substances that do not involve production, distribution or sale shall be decriminalized in favor of civil fines and referral for drug rehabilitation.”
Bill Details
Automatic expungement of previous records for cannabis will become available if an individual is more than one year past their arrest date. For example, anyone in possession of up to one ounce of cannabis for personal use will receive a $50 fine. The current misdemeanor charges would become a non-violent violation. A violation of this kind won’t go on a permanent record. It also won’t hinder anyone in their future regarding job prospects, student loans, or applying for an apartment or house.
Additionally, Representative Joseph explained rehabilitation and harm reduction health efforts would receive priority.
HB 725 explains, “in the interest of the health and public safety of the residents of Florida, preserving individual freedoms without sacrificing community costs, allowing law enforcement to focus resources on violent and property crimes, generating revenue for education, substance abuse prevention and treatment, freeing public resources to invest in communities and other public purposes rather than continuing to overburden prisons with a population that needs medical attention, seeking corrective equity on the impact of the ‘war on drugs,’ and identifying real people-centered solutions to various drugs crises like the opioid epidemic, the Legislature is prioritizing treatment and safety in an effort to preserve lives rather than discard them through criminalization and incarceration.”
This bill is in order to reduce the large amount of overdose deaths. HB 725 will also combat the continued criminalization of certain mental health disorders, such as substance use disorder. By decriminalizing these illicit drugs, there is a chance more people will seek harm reduction services. They can seek out help without fear of arrest or punishment. Other harm reduction services, such as safe consumption sites, are showing positive results at reducing overdoses and deaths. These will become the first step to helping combat the opioid crisis.
Future
Harm reduction services, along with decriminalization bills such as HB 725, will be the next steps against the opioid crisis. Lawmakers appear to be embracing new types of legislation to help out the general public in different ways.
HB 725 won’t receive debate until the regular session begins in January 2022 in Florida. As more information becomes available, we will update you with the latest.
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