Pubdate: Thu, 29 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 marijuanaaE& 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: Matt