Pubdate: Sat, 24 Nov 2012
Source: Voice, The (New Baltimore, MI)
Copyright: 2012 Journal Register Company
Contact:  http://www.voicenews.com/
Details: http://www.mapinc.org/media/5146
Author: Jeri Packer

ALGONAC WORKS TO ESTABLISH LOCAL MARIJUANA BAN

At the Nov. 20 Algonac City Council meeting, City Manager Doug 
Alexander proposed a first reading of a proposed ordinance amendment 
to the marijuana ordinance.

City Attorney James Downey, Jr., in a letter to Alexander, stated his 
office had prepared a proposed ordinance in response to St. Clair 
County Sheriff Tim Donnellon for the city council's approval: "It was 
triggered by a review of the city code performed in connection with 
the transition of police services to the St. Clair County Sheriff's 
Department."

When the sheriff's department took over policing in the city, its 
officers noticed there was nothing on the books locally when it came 
to marijuana use, so they asked for the change, Alexander explained. 
The amendment would prohibit illegal possession or use of marijuana 
within the city limits and would specify penalties to be assessed 
locally if a violation was found.

Right now, violators are prosecuted under state law, with a $1,000 
fine and/or one year in jail, as opposed to under local jurisdiction, 
which would be up to a $500 fine and/or 90 days of incarceration.

Downey further explained the bonus to local law enforcement by making 
the adjustment in the city code: "This distinction has the impact of 
securing guilty pleas in nearly all cases because criminal defendants 
realize their exposure is greatly enhanced under state law."

Once the amendment passes, it will allow deputies to act accordingly, 
"once it gets the green light as a city ordinance other than a state 
law," said Alexander.

The amended ordinance will read: "It shall be unlawful for any 
individual to use or have in his or her possession or under his or 
her control marijuana... unless pursuant to a valid prescription or 
except as otherwise authorized." This acknowledges that in the case 
that a person has a state-issued medical marijuana card, it will be allowable.

The proposed marijuana ordinance was the first read and will be 
brought back to the council again for final approval.
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MAP posted-by: Jay Bergstrom