Tagged: marijuana

State Representative Jeff Irwin (D-Ann Arbor) formally announced legislation today that would decriminalize the possession of small amounts of marijuana.

Under House Bill 4623, being caught possessing less than one ounce of marijuana would result in a civil infraction with a fine, but not jail time.

Currently, Michigan's law classifies marijuana possession as a misdemeanor with the possibility of a heavy fine and jail time.

The City of Grand Rapids and a group behind the decriminalization of marijuana there are at odds over how to enforce the charter amendment voters passed in November.

In a recent court filing, the city argues police should have discretion, if not the duty, to turn over marijuana charges to the state. That way, offenders would be charged with a crime, not a civil infraction.

The City of Grand Rapids is waiting before it implements a charter amendment that decriminalizes marijuana possession. Voters passed the initiative last November.

But the Kent County prosecutor is suing the city to prevent it from taking effect. The prosecutor argues it’s against state and federal laws for Grand Rapids police officers to issue only a civil infraction for marijuana possession. It would be sort of like a parking ticket. Ann Arbor has had similar rules for decades.

The prosecutor tried to get a restraining order to stop the city’s administration from implementing the charter, while the judge heard the merits of the case.

But Kent County Circuit Court Judge Paul Sullivan said it was okay for the city to make the change before he decides the case. Sullivan declined the restraining order because he said the prosecutor couldn’t prove it would cause any immediate harm.

Mayor George Heartwell, one of a few elected city leaders who supported the charter change, said he was “pleased” by that ruling. In late January, Heartwell said the city would implement the change within about a month.

But now, Grand Rapids City Manager Greg Sundstrom says the city will wait for a decision on the actual merits of the case.

A Republican state lawmaker has introduced legislation to allow medical marijuana dispensaries in Michigan.

The Michigan Supreme Court has ruled the state’s medical marijuana law does not allow dispensaries.

State Representative Mike Callton says that’s a hole in the law that needs to be fixed because it creates an unfair hardship on terminally ill people.

“The problem”, he said, “if there’s 126,000 patients in Michigan right now, and only one in three has a caregiver. So the Supreme Court ruling, by taking out the dispensaries, and I can see that it wasn’t in the law, it either leaves patients without caregivers to either go underground or go without.”

“This cancer patient, this AIDS patient should be able to go right to a provisionary center – which my bill is creating – and get that prescription filled right away, get rid of that nausea, get that appetite back, keep that weight up, and have that quality of life even though you’re dying,” said Callton.

Callton says his bill would also reduce the illegal sale of marijuana because people who grow more than they need could provide it to other patients through a dispensary.

The legislation would allow local governments to outlaw dispensaries.  

Similar legislation failed to win approval last year, but Callton says legislators from both parties seem to be more accepting of the idea in this term.

The medical marijuana law was adopted overwhelmingly by voters in 2008.