Jacob Bell
New Member
KALAMAZOO – A ballot initiative to make a small amount of marijuana use a low priority for Kalamazoo's law enforcers has stirred objections in high places.
Michigan's attorney general and governor have come out against it. Some Kalamazoo City Commission candidates have formally said they're also opposed to it.
On the other hand, almost 2,600 of Kalamazoo's registered voters presumably support the marijuana measure – including at least one commission candidate – and signed petitions so the issue will appear on the Nov. 8. ballot.
But even if Kalamazoo voters approve it next month, the city's public safety chief said it would likely have no impact on law enforcement by his officers and the county prosecutor said he doesn't expect it would result in a drop in caseload, either.
For one, said Kalamazoo Department of Public Safety Chief Jeff Hadley, the measure seeks a change in the city's charter, which only speaks to ordinances, and there isn't currently a city ordinance barring marijuana use in Kalamazoo.
The Michigan Medical Marihuana Act of 2008 permits marijuana use with a certified prescription and was intended to allow legitimate use of the controlled substance in treating certain debilitating medical conditions. The language of that act has created confusion that some have tried to address through ordinances, law enforcement policies and a variety of proposed bills in the state House and Senate. Kalamazoo's ballot initiative does not pertain to use of medical marijuana.
In November, because of the petition-circulation efforts of the Kalamazoo Coalition for Pragmatic Cannabis Laws, city voters will see the following question on their ballot: "Shall the Kalamazoo City Charter be amended such that the use and/or consumption of one ounce or less of usable marijuana by adults 21 years or older is the lowest priority of law enforcement personnel?"
Repeating the opinions of Kalamazoo City Attorney Clyde Robinson and state Attorney General Bill Schuette, Hadley told the Gazette, "The proposed charter amendment has no bearing or standing relative to the enforcement of state or federal law, which our officers have the full authority to enforce."
The misdemeanor crime of marijuana use is often secondary to what might initially land someone in a squad car or attract police response anyway, Hadley pointed out.
"When a police officer makes a possession of marijuana arrest, it's because they happen upon it either through a traffic stop or they smell it or they made an arrest for another offense and it happens to be in someone's pockets or someone's purse," he said.
As far as law enforcement priorities, shootings, rapes, burglaries in progress and other calls that require an immediate response from officers have always taken precedence over a complaint about a neighbor smoking marijuana, the chief said. But that doesn't mean they will ignore a complaint.
"If someone calls and says, 'I smell marijuana down the hallway in my apartment building,' if we can get an officer there and they become available, we'll send someone," he said.
Kalamazoo County Prosecutor Jeff Fink said that by making marijuana use a misdemeanor crime, the Michigan Legislature has already set the priority for how law enforcement responds to it.
Marijuana possession, however, becomes a felony if law enforcement officials determine there's an intent to deal the drug. And someone dealing on the street is going to get serious police attention, Hadley said.
"When you're a prosecutor and you're setting priorities, you're really looking at the more serious offenses and, clearly, your more serious offenses are felony-level offenses – homicide, armed robbery, rape, child abuse," Fink said.
The county prosecutor's office handles about 10,000 cases a year and several hundred involve marijuana, Fink said.
If two cases landed on Fink's desk on any given day and "one is a homicide and one is a possession of marijuana (case), I'm going to first look at the homicide," he said.
Kalamazoo City Commissioner Don Cooney sees the measure as a "statement that our drug laws are in serious need of revision."
"I support the amendment even though it seems clear from the state attorney general's ruling that it will have little practical effect on the way law enforcement is practiced here," Cooney wrote in response to a Gazette inquiry for his stance on the ballot question.
The Gazette asked each of the 14 candidates seeking one of the seven seats on the commission whether they oppose or support the ballot question.
"Present laws send too many people to prison and drain too many resources, especially when our people have such serious needs. There is a better way," Cooney wrote.
Candidate Nicholas Wikar agrees and signed the coalition's petition when it was circulating.
Wikar wrote, in part, "with every municipal service contributing to Kalamazoo's financial burden, the taxpayers and residents reserve the right to prioritize the deployment of municipal assets and Public Safety Officers for violent crimes and community policing. ..."
"I support this amendment to the city charter, and the residents of Kalamazoo should vote to support this amendment, too," he wrote.
But candidates Bobby Hopewell, Hannah McKinney, Antwon Hunter and Barbara Hamilton Miller oppose the ballot question. David Anderson didn't disclose his support or opposition, only pointing out that, by official counsel, it would have no effect on police practices anyway. Bob Cinabro said he will "not personally be campaigning for or actively supporting this proposal."
Candidate Michael Perrin says he is neutral on the topic. The other candidates have not yet responded.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mlive.com
Author: Paula M. Davis
Contact: Contact Us
Copyright: Michigan Live LLC.
Website: Kalamazoo voters to decide whether to make marijuana lowest priority for law enforcement
Michigan's attorney general and governor have come out against it. Some Kalamazoo City Commission candidates have formally said they're also opposed to it.
On the other hand, almost 2,600 of Kalamazoo's registered voters presumably support the marijuana measure – including at least one commission candidate – and signed petitions so the issue will appear on the Nov. 8. ballot.
But even if Kalamazoo voters approve it next month, the city's public safety chief said it would likely have no impact on law enforcement by his officers and the county prosecutor said he doesn't expect it would result in a drop in caseload, either.
For one, said Kalamazoo Department of Public Safety Chief Jeff Hadley, the measure seeks a change in the city's charter, which only speaks to ordinances, and there isn't currently a city ordinance barring marijuana use in Kalamazoo.
The Michigan Medical Marihuana Act of 2008 permits marijuana use with a certified prescription and was intended to allow legitimate use of the controlled substance in treating certain debilitating medical conditions. The language of that act has created confusion that some have tried to address through ordinances, law enforcement policies and a variety of proposed bills in the state House and Senate. Kalamazoo's ballot initiative does not pertain to use of medical marijuana.
In November, because of the petition-circulation efforts of the Kalamazoo Coalition for Pragmatic Cannabis Laws, city voters will see the following question on their ballot: "Shall the Kalamazoo City Charter be amended such that the use and/or consumption of one ounce or less of usable marijuana by adults 21 years or older is the lowest priority of law enforcement personnel?"
Repeating the opinions of Kalamazoo City Attorney Clyde Robinson and state Attorney General Bill Schuette, Hadley told the Gazette, "The proposed charter amendment has no bearing or standing relative to the enforcement of state or federal law, which our officers have the full authority to enforce."
The misdemeanor crime of marijuana use is often secondary to what might initially land someone in a squad car or attract police response anyway, Hadley pointed out.
"When a police officer makes a possession of marijuana arrest, it's because they happen upon it either through a traffic stop or they smell it or they made an arrest for another offense and it happens to be in someone's pockets or someone's purse," he said.
As far as law enforcement priorities, shootings, rapes, burglaries in progress and other calls that require an immediate response from officers have always taken precedence over a complaint about a neighbor smoking marijuana, the chief said. But that doesn't mean they will ignore a complaint.
"If someone calls and says, 'I smell marijuana down the hallway in my apartment building,' if we can get an officer there and they become available, we'll send someone," he said.
Kalamazoo County Prosecutor Jeff Fink said that by making marijuana use a misdemeanor crime, the Michigan Legislature has already set the priority for how law enforcement responds to it.
Marijuana possession, however, becomes a felony if law enforcement officials determine there's an intent to deal the drug. And someone dealing on the street is going to get serious police attention, Hadley said.
"When you're a prosecutor and you're setting priorities, you're really looking at the more serious offenses and, clearly, your more serious offenses are felony-level offenses – homicide, armed robbery, rape, child abuse," Fink said.
The county prosecutor's office handles about 10,000 cases a year and several hundred involve marijuana, Fink said.
If two cases landed on Fink's desk on any given day and "one is a homicide and one is a possession of marijuana (case), I'm going to first look at the homicide," he said.
Kalamazoo City Commissioner Don Cooney sees the measure as a "statement that our drug laws are in serious need of revision."
"I support the amendment even though it seems clear from the state attorney general's ruling that it will have little practical effect on the way law enforcement is practiced here," Cooney wrote in response to a Gazette inquiry for his stance on the ballot question.
The Gazette asked each of the 14 candidates seeking one of the seven seats on the commission whether they oppose or support the ballot question.
"Present laws send too many people to prison and drain too many resources, especially when our people have such serious needs. There is a better way," Cooney wrote.
Candidate Nicholas Wikar agrees and signed the coalition's petition when it was circulating.
Wikar wrote, in part, "with every municipal service contributing to Kalamazoo's financial burden, the taxpayers and residents reserve the right to prioritize the deployment of municipal assets and Public Safety Officers for violent crimes and community policing. ..."
"I support this amendment to the city charter, and the residents of Kalamazoo should vote to support this amendment, too," he wrote.
But candidates Bobby Hopewell, Hannah McKinney, Antwon Hunter and Barbara Hamilton Miller oppose the ballot question. David Anderson didn't disclose his support or opposition, only pointing out that, by official counsel, it would have no effect on police practices anyway. Bob Cinabro said he will "not personally be campaigning for or actively supporting this proposal."
Candidate Michael Perrin says he is neutral on the topic. The other candidates have not yet responded.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mlive.com
Author: Paula M. Davis
Contact: Contact Us
Copyright: Michigan Live LLC.
Website: Kalamazoo voters to decide whether to make marijuana lowest priority for law enforcement
