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Tuesday, November 13, 2012
By Michael Nichols
Categories: Medical Marijuana
On Election Day, voters in several Michigan cities voted to decriminalize personal possession of small amounts of marihuana. Voters in Detroit passed Proposal M which decriminalizes possession of up to an ounce of marihuana for those over the age of 21. If caught possessing less than an ounce those in Detroit will face a civil infraction and will not have a criminal record. A similar measure also passed in both Grand Rapids and Flint. Each of the three cities passed the ballot issues with about 60 percent approval.
Ypsilanti also approved a marihuana related ballot measure. Over 70 percent of Ypsilanti voters approved an ordinance which makes marihuana the lowest priority for law enforcement officers. This is similar to a city charter amendment the city of Kalamazoo approved in 2011.
On Election Day the city of Kalamazoo once again amended the city charter, this time allowing up to 3 medical marihuana dispensaries provided that the dispensaries pay a yearly $3,000 registration fee and are located in appropriate commercial districts. This charter amendment is also contingent on People V McQueen a Michigan Supreme Court case currently under review. “It is a significant step in the right direction and something that politicians have to consider especially when the charter amendment passed in Kalamazoo by almost a two to one margin” says attorney Joshua M. Covert of the Nichols Law Firm.
Despite the Election Day results, marihuana remains illegal at the state level and federal level and because of that those in the cities that decriminalized the possession of marihuana still could face criminal prosecution if charged under state of federal law. It is important to remember that even though some communities have decriminalized marihuana it is not legal in those communities and may give law enforcement officers reason to search a residence or vehicle if it is in plain sight. Even though it has been decriminalized in some communities, law enforcement officers are still required to confiscate any marihuana they encounter.
If you a facing criminal prosecution for possessing marihuana call the Nichols Law Firm and speak with attorneys who stay up to date on marihuana related laws and ordinances. Call (517) 432-9000.