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Legislative committee members in Burton unanimously approved Monday evening recommending an ordinance regulating the transportation of marijuana.
Police Chief Tom Osterholzer said the ordinance mirrors state House Bill 4856 which states marijuana in a vehicle must be "enclosed in a case that is carried in the trunk of the vehicle" or "enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk."
Under the Michigan Medical Marihuana Act of 2008, Osterholzer said the law was "tough to enforce because it had a lot of loopholes in it." He was pleased at the recent state decision to offer some clarity, with the law echoing the carrying a concealed weapon policy by the state.
"Law abiding citizens won't have any problem with this," said Osterholzer, noting the issue arises on a daily basis where officers encounter someone on the street with marijuana but pulls out a card allowing its usage. "As long as they aren't in excess of the amount they can have, we can't do anything about it."
Allowing officers to simply write a ticket in accordance with the ordinance -- punishable by up to 90 days in the Genesee County Jail, a fine of no more than $500, or both -- would cut down on a typical four-hour period of seeking a warrant from the prosecuting attorney's office in Flint.
"That's four hours not doing something they could or should be doing," Osterholzer said. Overtime is needed in some cases in which officers must provide testimony in court in Flint, at an average cost of $45 per hour when it would take "five minutes to write a ticket."
City Attorney Rick Austin added the city also get a piece of the financial costs associated with the potential fines. Legislative committee member Danny Wells expressed some concerns with the potential costs of crafting the ordinance.
"I don't want to jump the gun on this because the state has a knee-jerk reaction," he said, cautioning it could go back to the courts for further discussion before ultimately giving his approval.
Austin said it cost the city around $200 to put together the ordinance, but Osterholzer added "We can recoup that on every two cases we prosecute," while legislative committee member Dennis O'Keefe stated "Why not make this good for the city, your department, your overtime?"
"I think it's a good business decision," O'Keefe said. Legislative committee chairwoman Ellen Ellenburg thanked Osterholzer for bringing the issue to the city's attention.
"We don't know about these things," she said. "We're glad you bring things forward to make Burton a better place."
A first reading of the ordinance is expected to come during the 7 p.m., Monday, March 4 City Council meeting.
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Source: mlive.com
Author: Roberto Acosta
Contact: Contact Us - MLive.com
Website: Burton legislative committee recommends medical marijuana transportation ordinance to city council | MLive.com
Police Chief Tom Osterholzer said the ordinance mirrors state House Bill 4856 which states marijuana in a vehicle must be "enclosed in a case that is carried in the trunk of the vehicle" or "enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk."
Under the Michigan Medical Marihuana Act of 2008, Osterholzer said the law was "tough to enforce because it had a lot of loopholes in it." He was pleased at the recent state decision to offer some clarity, with the law echoing the carrying a concealed weapon policy by the state.
"Law abiding citizens won't have any problem with this," said Osterholzer, noting the issue arises on a daily basis where officers encounter someone on the street with marijuana but pulls out a card allowing its usage. "As long as they aren't in excess of the amount they can have, we can't do anything about it."
Allowing officers to simply write a ticket in accordance with the ordinance -- punishable by up to 90 days in the Genesee County Jail, a fine of no more than $500, or both -- would cut down on a typical four-hour period of seeking a warrant from the prosecuting attorney's office in Flint.
"That's four hours not doing something they could or should be doing," Osterholzer said. Overtime is needed in some cases in which officers must provide testimony in court in Flint, at an average cost of $45 per hour when it would take "five minutes to write a ticket."
City Attorney Rick Austin added the city also get a piece of the financial costs associated with the potential fines. Legislative committee member Danny Wells expressed some concerns with the potential costs of crafting the ordinance.
"I don't want to jump the gun on this because the state has a knee-jerk reaction," he said, cautioning it could go back to the courts for further discussion before ultimately giving his approval.
Austin said it cost the city around $200 to put together the ordinance, but Osterholzer added "We can recoup that on every two cases we prosecute," while legislative committee member Dennis O'Keefe stated "Why not make this good for the city, your department, your overtime?"
"I think it's a good business decision," O'Keefe said. Legislative committee chairwoman Ellen Ellenburg thanked Osterholzer for bringing the issue to the city's attention.
"We don't know about these things," she said. "We're glad you bring things forward to make Burton a better place."
A first reading of the ordinance is expected to come during the 7 p.m., Monday, March 4 City Council meeting.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: Roberto Acosta
Contact: Contact Us - MLive.com
Website: Burton legislative committee recommends medical marijuana transportation ordinance to city council | MLive.com
