Pubdate: Sun, 23 Sep 2012
Source: Kalamazoo Gazette (MI)
Copyright: 2012 Kalamazoo Gazette
Contact: http://drugsense.org/url/vggfBDch
Website: http://www.mlive.com/kzgazette/
Details: http://www.mapinc.org/media/588
Author: Linda S. Mah

PROPOSED MARIJUANA ORDINANCE MAKES SENSE FOR THE TIMES

The proposed Kalamazoo city ordinance to make possession of marijuana
enforceable by an appearance ticket and to reduce jail time and lessen
fines makes sense.

This ordinance, which had its first reading this week, would provide
Kalamazoo Public Safety much needed flexibility in the handling of
cases involving the possession of minor amounts of marijuana. The
ordinance does not eliminate or supersede charges for more serious
possession cases, but rather it gives officers the option of handling
such cases with the issuance of a ticket rather than having to arrest
and book a defendant. It also saves time and costs otherwise
associated with having to prepare these cases for trial.

According to City Attorney Clyde Robinson, who brought the ordinance
before the city commission on Monday, it can take an hour to arrest,
transport and process a person charged with this offense. Writing a
ticket takes 10 to 15 minutes. That leaves Public Safety more time for
more volatile and sensitive situations. That is especially important
to consider as the department faces dwindling resources and reduced
manpower.

As a statutory offense under state law, marijuana is a misdemeanor,
punishable by one-year imprisonment, a $2,000 fine or both. The
proposed ordinance would make it a misdemeanor punishable by a 93-day
jail term, a $100 fine or both. Most importantly, the ordinance would
allow someone who pleads guilty and who has never been convicted of a
controlled substance offense to have the conviction expunged upon
successful completion of his or her probation. That is a wise option
for the judicial system if it wants to help young people rather than
to just punish them.

The proposed change allows the city to treat minor marijuana offenses
in a manner that reflects modern societal norms. Consider that the
city of Portage has enforced a similar ordinance since 1992, and this
year the city of Chicago passed an ordinance that made possession of
15 grams or less of marijuana a ticketable offense.

Years ago, Kalamazoo city residents may not have been comfortable with
the idea of lessening the consequences of this drug offense, but that
is no longer the case. A city charter amendment passed in November
makes possession of 1 ounce or less of marijuana by someone 21 years
or older the lowest priority for law enforcement officials.

The proposed ordinance reflects current social concerns, about
marijuana and its relative dangers compared to other drug issues in
the city. By putting possession of minor amounts of marijuana in its
proper place in the spectrum of drug offenses and making it a
ticketable offense, we believe the proposed ordinance will give
Kalamazoo Public Safety officers a valuable tool that will allow them
to deal more effectively with offenders and allow them extra time and
resources to devote to more serious concerns in the community.
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