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Updated: Wednesday, 15 Aug 2012, 5:51 AM EDT
Published : Tuesday, 14 Aug 2012, 11:15 AM EDT
GRAND RAPIDS, Mich. (WOOD) - Smoking a joint or carrying a bag of marijuana may not get you thrown in jail in Grand Rapids in the near future.
Ballot language has been approved to put the question of decriminalizing marijuana on the November ballot, making possession a civil instead of a criminal infraction.
Supporters of decriminalization say that too often, criminal convictions for younger marijuana users follow them the rest of their lives.
"They're disqualified for certain kinds of federal aid. If a veteran has a marijuana conviction on their record they're disqualified from certain veterans benefits," said Jack Hoffman, the lawyer representing Decriminalize Grand Rapids.
"It's a current version of the Ann Arbor ordinance," said Hoffman, with one exception. Selling marijuana would remain a criminal act under the Grand Rapid's ordinance.
The City Commission passed ballot language on the measure Tuesday after supports got more than the 6,500 signatures they needed to put the question on the November 6 ballot. It was a formality since the ballot language was already OK'd by the city clerk.
Under the ordinance, a person caught with marijuana for personal use would receive a fine: $25 the first time, $50 the second and $100 each time after. But there's no limit as to how much marijuana a person could have.
There are other provisions to prevent sellers from hiding behind decriminalization and regulate enforcement.
Decriminalize GR's lawyer said a prosecutor could still bump up the criminal level if there was evidence someone was selling. Another provision says the court may waive the fines if the user claims they need marijuana to relieve pain or other symptoms of illness.
Could a few aches and pains be the users get out of fine free card? Supporters say a judge or jury could decide those questions.
Hoffman said these and other issues have been handled successfully in Ann Arbor, which has had its ordinance since 1974.
City Commissioners could only act on the ballot language, not the merits of the proposal.
One member, First Ward Commissioner Walk Gutowski, made his feelings known.
"Clearly for me, I'm a 'yes' vote today. Come November, I'm a 'no' vote."
Supporters claim the law will save the city $2.5 million a year in current enforcement costs. No one at City Hall could confirm those figures.
As for the people who enforce current marijuana laws in the city, Police Chief Kevin Belk was on vacation Tuesday and was unavailable for comment.
The Michigan Attorney General's office still has to approve the language for what would appear as Proposal 2 on the ballot.
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On the Net:
The proposed amendment to the Grand Rapids City Charter to decriminalize marijuana
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