By now, I am sure that the community has heard that the group, Coalition for a Safer Detroit, has won the right to pose a marihuana question during the November 2012 election season. The question asked is simple:
Division 1 - Controlled Substances
Sec. 38-11-50 Applicability.
None of the provisions of this article shall apply to the use or possession of less than 1 ounce of marihuana, on private property, by a person who has attained the age of 21 years.
I doubt that most of the citizenry will read the other provisions of Detroit’s Controlled Substance Act, so I did. What follows are my assessments of what the passage of this initiative will mean.
38-11-2 It shall be lawful for persons over the age of 21, who is in possession of one ounce of less of marihuana, on private property to possess, sell, offer for sale, distribute, administer, dispense, or give away marijuana. You would be okay doing these things at home, but in trouble in a public place or a place open to the public – so no store or street sales.
38-11-8 Any marihuana of one ounce of less, possessed by any person over the age of 21, on private property that is manufactured with intent to sell, possessed or sold is not in violation of this division and shall not be seized and forfeited by the City of Detroit. You would okay doing these things at home, but in trouble in a public place or a place open to the public – no store or street sales.
38-11-22 It shall be lawful for any person over the age of 21, who is in possession of one ounce of less of marihuana, on private property to use, or to possess with intent to use, any paraphernalia for manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body, marihuana. You will not be arrested for the tools or equipment you may require for preparing, hiding, or enjoying the use of marihuana.
38-11-29 The provisions of this division that restrict the possession of any marihuana related paraphernalia in any manner or method of introduction into the human body, shall not apply to persons over the age of 21, on private property. You will not be arrested for the tools or equipment you may require for your ingestion uses.
Take special note to the following
38-11-41 thru 38-11-49 are the Codes that speak to Drug Free Zones. These areas are “mostly public” and "open to the public, not “private" properties. Any area that is within one thousand (1,000) feet of a public day-care center, elementary school, middle school, vocational school, secondary school, parochial school, public charter school, private charter school, community college, college or university, or an arcade, outdoor recreation facility, public library, public swimming pool, youth center. I would guess that if you lived within this area, you better be certain of where you private property starts and stops. College students, beware!
Arcade means any place, premises or room set aside in a retail or a commercial establishment where are located three (3) or more coin-operated games, but excludes those in establishments licensed for the sale of alcoholic beverages for consumption on the premises. Are you near or at a store with 3 or more video games? If you are within 1000 feet, don't carry into or smoke. Be certain of where you private property starts and stops.
Outdoor recreation facility means a playground, playfield, and includes any adjacent parking lot, open to the public, with any portion intended for the recreation of persons under eighteen (18) years of age. In other words, do not have or smoke marihuana in or around a park!
Any swimming pool that is open to and for public use, and any adjacent parking lot. In other words, do not have or smoke marihuana in or around a public pool!
Youth center means any recreational facility or gymnasium, and adjacent parking lot, intended primarily for use by persons under eighteen (18) years of age, which regularly provides athletic, civic, or cultural activities. In other words, do not have or smoke marihuana in or around any type of gym used by those under the age of 18!
38-11-43 The department of public works shall endeavor to post permanent signs that state: "Drug-free Zone" at appropriate locations in designated drug-free zones.
Most urban areas, like the city of Detroit, there are an abundance of "Drug Free" zones. With the restrictions, legal use would be at your home or the home where you are an invited or welcomed guest.
Above all, be aware that you can be arrested by and/or charged under County, State, or Federal laws!!
Also note that under Section 12-109 An ordinance adopted by the voters through initiative proceedings may not be amended or repealed by the city for a period of twelve (12) months after the date of the election at which it was adopted.
This initiative has nothing at all to do with medical use or the MMMA of 2008