Norfolk Marijuana

5/14/2020 Norfolk prosecutor can’t dismiss all marijuana cases, Virginia Supreme Court says - The Virginian-Pilot - The
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Norfolk prosecutor can’t dismiss all

marijuana cases, Virginia Supreme
Court says
By JONATHAN EDWARDS
STAFF WRITER | MAY 03, 2019
https://www.pilotonline.com/news/crime/article_d260c5ce-6d3f-11e9-96bb-0364d44e54da.html 1/8
5/14/2020 Norfolk prosecutor can’t dismiss all marijuana cases, Virginia Supreme Court says - The Virginian-Pilot - The Virginian-Pilot
The Virginia State Supreme Court exterior.(Ian Martin)
RICHMOND
State Supreme Court justices rejected an effort by Norfolk's chief prosecutor to

routinely dismiss misdemeanor marijuana cases, an initiative that would have
essentially decriminalized the drug citywide.
A three-judge panel, including Chief Justice Donald Lemons, ruled Thursday that
Norfolk's Circuit Court judges had not exceeded their judicial authority or
transgressed on Norfolk Commonwealth Attorney Greg Underwood's executive
power by refusing to drop or dismiss cases against several defendants who'd
appealed their convictions from a lower district court.
Norfolk Commonwealth's Attorney Greg Underwood(Courtesy photo)
At the beginning of the year, Underwood announced he would undertake several

efforts to achieve what he called criminal justice reform, including no longer
prosecuting misdemeanor marijuana appeals.
But since then, at least four Norfolk judges have denied prosecutors' requests to
dismiss marijuana charges. The tug-of-war had added to the confusion about
whether it's OK to have a small amount of weed in the city. Norfolk police have said
they will continue to cite people for misdemeanor marijuana possession as they've
always done. Circuit Court judges appeared determined to make sure offenders are
tried, even if the commonwealth's attorney refuses to prosecute them.
In a similar move, Portsmouth Commonwealth's Attorney Stephanie Morales last

month announced her office would no longer prosecute misdemeanor marijuana
possession cases. In contrast to Underwood, she got judges' buy-in before rolling
out the policy.
The Supreme Court justices ruling isn't about marijuana per se, nor does it prohibit
judges like those in Portsmouth from agreeing to routinely dismiss such charges.
Their ruling simply cements the judges' ability to decide whether to go along with
prosecutors' wishes, or to block them and keep those cases alive.
Both Underwood and the judges believed the other side was violating the state
constitution's division of powers, which mandates that "[t]he legislative, executive,
and judicial departments shall be separate and distinct, so that none exercise the
powers properly belonging to the others."
Several judges, including Judge Mary Jane Hall, have said they believe the Norfolk
commonwealth's attorney is trespassing on the state legislature's territory: making
laws.
In turn, Underwood said the judges are preventing him from exercising the
executive power voters gave him when they elected him the city's top prosecutor.
Part of the job is prosecutorial discretion, or deciding which laws should be
enforced, especially since he has a limited amount of resources.
On Thursday, the state Supreme Court justices settled the fight in the judges' favor.
"The Commonwealth's Attorney is mistaken," the justices wrote in their six-page

ruling. "For over 200 years, Virginia has required the Commonwealth to obtain
judicial consent to the dismissal of a charge."
Norfolk's eight Circuit Court judges didn't respond to a request for comment sent to
their office Friday morning.
In announcing his policy, Underwood said prosecuting people for having marijuana
disproportionately hurts black people and does little to protect public safety.
In 2016 and 2017, more than 1,560 people in Norfolk were charged with first- or
second-offense marijuana possession, prosecutor Ramin Fatehi said during a
hearing last month. Of them, 81 percent were black in a city that's 47 percent white
and 42 percent black.
This "breeds a reluctance on the part of African Americans, particular young African
American men, to trust or cooperate with the justice system," according to a
Commonwealth's Attorney's Office memo announcing the policy changes
"Such prosecution also encourages the perception that the justice system is not
focusing its attention on the legitimately dangerous crimes that regrettably are
concentrated in these same communities."
The judge, Hall, admitted Fatehi made an "extremely compelling case" with his
statistics on racial disparities, but said he should pitch it to lawmakers in
Richmond.
"I believe this is an attempt to usurp the power of the state legislature," Hall said.
"This is a decision that must be made by the General Assembly, not by the
commonwealth's attorney's office."
In March, as he prepared to take his case to the Supreme Court, Underwood

announced his prosecutors would not handle misdemeanor marijuana appeals
when simple possession was the only charge. Instead, the arresting officers would
testify against the defendant without the guidance of a prosecutor — akin to the way
traffic cases are heard. This is a common practice in the lower District Court and
something the Circuit Court judges have suggested.
LATEST COURTS & CRIME On Friday, Underwood

spokeswoman Amanda Howie said
Norfolk firefighters to pitch that, now that the Supreme Court
fire escape ladder on ‘Shark
Tank’ reality show
M AY 1 3, 2 02 0
justices have ruled, that temporary
policy will become permanent.
Anthony Burfoot, Ron
Villanueva among thousands
of inmates to be released It's a blow to Underwood's effort at
amid coronavirus concerns killing misdemeanor marijuana
M AY 1 3, 2 02 0
cases. Circumventing the
Former Virginia Beach

commonwealth's attorney's role in
Human Rights commissioner the long term will keep them alive in
charged with assaulting
Norfolk, thwarting his efforts at
family member
M AY 1 2, 2 02 0 criminal justice reform.
State police pursuit ends with Reacting to the Supreme Court

driver hitting 3 vehicles in justices' decision on Thursday,
Norfolk
M AY 1 2, 2 02 0
Howie said this wasn't about
marijuana, but about determining
Teenage girl found dead in prosecutors' and judges' proper roles.
Virginia Beach Econo Lodge,
Underwood, who declined to be
police say
M AY 1 2, 2 02 0 interviewed, is "pleased" to have the
court's decision and by the
discussion his criminal justice reform efforts have started.
He "appreciates that those discussions will likely continue," she said.
Jonathan Edwards, 757-598-3453, jonathan.edwards@pilotonline.com
Topics: Drugs, Marijuana, Marijuana Decriminalization, Marijuana Laws, Greg Underwood, Virginia Supreme
Court, Conversation Starter
Jonathan Edwards
Jonathan Edwards covers the Norfolk justice system. He was a Livingston Awards for Young Journalists
finalist in 2018, and has won numerous state awards covering public safety. He joined The Pilot in 2015 and
previously worked at the Lincoln Journal Star in Nebraska. He graduated from the University of California,
Berkeley.
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5/14/2020 Norfolk prosecutor can’t dismiss all marijuana cases, Virginia Supreme Court says - The Virginian-Pilot - The

nian-Pilot - The Virginian-Pilot

TRIAL OFFER | 4 weeks for 99¢

Norfolk prosecutor can’t dismiss all

The Virginia State Supreme Court exterior.(Ian Martin)

State Supreme Court justices rejected an effort by Norfolk's chief prosecutor to

Norfolk Commonwealth's Attorney Greg Underwood(Courtesy photo)

At the beginning of the year, Underwood announced he would undertake several

In a similar move, Portsmouth Commonwealth's Attorney Stephanie Morales last

"The Commonwealth's Attorney is mistaken," the justices wrote in their six-page

In March, as he prepared to take his case to the Supreme Court, Underwood

LATEST COURTS & CRIME On Friday, Underwood

Former Virginia Beach

State police pursuit ends with Reacting to the Supreme Court

He "appreciates that those discussions will likely continue," she said.

Jonathan Edwards, 757-598-3453, jonathan.edwards@pilotonline.com

Protective Cloth Masks with PM2.5 Filter

The Astounding New 2020 Volvo SUVs!

Northam extends business closure order, announces plans to reopen as of

Skip the Doctor and Upgrade to the World's Smartest CPAP

You May Like Sponsored Links by Taboola

How To: Defined Jawline Without Surgery (At Any Age)

Back In Stock: Disposable Masks Available Here

These are the Protective Masks

CPAP Makers Running Scared After New Snoring Solution Unveiled

MOST READ • NEWS

FAI T H & RE LIGI ON

H EA LTH & MED IC IN E

V IR GIN IA GOVER N MEN T & POL IT IC S

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