It has been almost 2 years since Grand Rapids voters passed Proposal 2, decriminalizing marijuana within the city of Grand Rapids, but based upon client questions, there is still much confusion regarding what the charter amendment does and what it doesnt do. Recently, I have taken to quoting Judge Sullivans opinion from May 6, 2013: It must also be remembered that the charter amendment does not and could not change state and federal marijuana law as they apply to Grand Rapids. It is still a crime for one to possess, control, use, or give away marijuana in Grand Rapids. The charter amendment merely creates a civil infraction in the City and directs the Citys police resources away from some of these laws. Based on binding precedent from the Court of Appeals, it is clear that the existence of the charter amendment or a GRPD officers violation of it will not provide any defense in a criminal prosecution.... Furthermore, the terms of the charter amendment do not restrict law enforcement agencies and offices other than the GRPD and City Attorney. The Kent County Sheriffs Department, Michigan State Police, Kent County Prosecuting Attorney, and other law enforcement agencies and offices still have jurisdiction in Grand Rapids and are free to investigate and prosecute any marijuana-related offenses occurring in Grand Rapids. Those who violate state and/or federal laws relating to marijuana still risk the possibility of criminal prosecution for violation of the laws, even within the confines of the City of Grand Rapids. The short version: if you are caught using or possessing marijuana within the Grand Rapids city limits, you will likely be charged with a civil if the officers is from GRPD and the charges are written by the City Attorney. However, if the officer is a county or state police officer, or if charges are written by the Kent County Prosecutors Office, you may be charged with a misdemeanor or felony.
Posted on: Fri, 12 Sep 2014 15:56:14 +0000
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