Grand Rapids agrees to honor marijuana decriminalization law on May 1

The City of Grand Rapids has just issued a Press Release stating they will begin implementing the marijuana decriminalization ordinance chosen by its citizens beginning May 1, 2013. This is notable because of the legal battle waged between county prosecutors, the city attorney and DecriminalizeGR, the organization responsible for putting the measure before the voters in November 2012.

Per their release, the city instructs all police officers to begin issuing civil infraction tickets for minor marijuana offenses under city law. May 1st was the date selected for implementation back in March 2013. Below is the text of the press release.

The Grand Rapids City Commission is committed to implementing the City Charter amendment approved by voters to permit issuance of civil infractions for certain marijuana offenses. At the April 24, 2013, Circuit Court hearing, Judge Paul Sullivan reported that he anticipated issuing a decision on the case within two weeks. The City awaits a court ruling. Keeping with the May 1, 2013 start date committed to in March, the City Manager has issued an Executive Order directing the Grand Rapids Police Department to begin issuing civil infraction tickets for minor marijuana offenses. The City Manager’s Executive Order 2013-01, effective Wednesday, May 1, 2013, describes the conditions under which a municipal civil infraction ticket will be issued.

Included along with the Press Release is Executive Order 2013-01, issued April 30, 2013.

To: Police Chief Kevin Belk, Grand Rapids Police Department

From: City Manager Gregory Sundstrom, City of Grand Rapids

The Grand Rapids Police Department shall continue enforcing State law concerning manufacture of marijuana, possession with intent to deliver marijuana, and maintaining a drug house. These matters shall continue to be referred to the Kent County Prosecutor.

When the Grand Rapids Police Department encounters an individual with over 2.5 ounces of marijuana in his/her possession, the Grand Rapids Police Department shall refer the matter to the Kent County Prosecutor for handling pursuant to State law.

When the Grand Rapids Police Department encounters an individual with marijuana in his/her possession and some other State law prosecutable offense (such as armed robbery, assault with intent to murder, or felony drunk driving) arises from the same incident, the Grand Rapids Police Department shall refer the matter involving marijuana to the Kent County Prosecutor for handling pursuant to State law.

When the Grand Rapids Police Department encounters an individual with marijuana in his/her possession and that individual is found to have four prior convictions involving controlled substances, the Grand Rapids Police Department shall refer the matter involving marijuana to the City Attorney who shall determine if the Grand Rapids Police Department should issue the individual a municipal civil infraction ticket or refer the matter to the Kent County Prosecutor for handling pursuant to State law.

When the Grand Rapids Police Department encounters an individual with marijuana in his/her possession in other situations, wherein State law charges of use or possession of marijuana would previously have been issued, and none of the above factors were triggered, the Grand Rapids Police Department shall issue the individual a written citation for a municipal civil infraction. The individual would not be arrested for the marijuana offense.

In all situations when the Grand Rapids Police Department finds an individual with marijuana in his/her possession, in any quantity, the Grand Rapids Police Department shall confiscate the marijuana as contraband.

A link to both the Press Release and the Executive Order can be found HERE.