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Officials: Pot Proposal Wouldn't Change Much


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A large sign hangs from 67-year-old Jim Wilmoth's Port Huron home, showing his support for the decriminalization of small amounts of marijuana for adults.


On Nov. 4, he'll be voting in favor of a proposal doing just that in Port Huron.


"People are free and independent to live their lives as they see fit," Wilmoth said. "If they are not hurting anyone else, we should not be spending the money to arrest them and put them in jail for a petty offense of possessing marijuana."


But officials say no matter the vote, pot is still illegal by state and federal law.


Michael Reaves, director of the Port Huron Department of Public Safety, said it's up to city residents to decide whether the ordinance is appropriate.


He said it likely won't have an impact on police business.


"The Port Huron police officers are sworn to uphold all local, state and federal laws and we will continue to do so," Reaves said.


"I see very minimal, if any, impact and expect it to be business as usual."


The proposal asks for an amendment to the city charter that prohibits anything in the code of ordinances from applying to people 21 years of age and older who use, possess, or transfer one ounce of marijuana on private property.


The proposal would change the city amendment but fail to address federal law, which lists marijuana as a prohibited schedule one drug, and state law, which prohibits the use of marijuana, except for medical use.


A pot proposal in Port Huron


Wilmoth believes as long as Port Huron city officials are working for the Port Huron voters, they should adhere to the marijuana ordinance if it passes.


"If city officials don't care what their voters voted on, then the people of Port Huron need to think about who is actually in charge, and it's not the voters anymore," Wilmoth said.


City Manager James Freed said decriminalizing marijuana is not as easy as changing the city charter.


"The concern is the confusion that this would decriminalize marijuana in the city, which it would not," Freed said.


"The attorney general is very clear that not only do we have an obligation to enforce state law, but we have a duty to by oath of office."


Wilmoth is a medical marijuana card holder, so the proposal likely won't change his day-to-day life. But he said he'll vote for the proposal for the greater good. He hopes others will, too.


"People should be able to choose what goes in their bodies," Wilmoth said. "It doesn't cause serious health problems, and 90 percent of the houses in this community probably have a small amount of marijuana in them. Those people should not have to cower in their houses afraid of being arrested."


Reaves said it's rare for a Port Huron police officer to look specifically for a small amount of marijuana.


He said when officers encounter someone in possession of marijuana, it's often during a traffic stop or when police are on scene for another criminal incident.


"We don't go out looking specifically for one ounce of marijuana," Reaves said. "When we run into it, we handle it."


According to records from St. Clair County District Court, the Port Huron Police Department was involved in about 186 of the 292 criminal cases involving marijuana use, possession, delivery or manufacturing in 2013.


As of Oct. 16, 2014, the Port Huron Police Department was involved in 144 of the 189 criminal cases involving marijuana use, possession, delivery or manufacturing in 2014.


Those numbers don't reflect the quantity involved with each case, or whether or not there was a conviction. The numbers also don't include juvenile cases.


Reaves said he wasn't familiar with the numbers, but he said Port Huron police officers don't solely respond to marijuana cases in the city.


They also are called to the Blue Water Bridge on an almost daily basis to handle people caught at the border with drugs, including marijuana.


Laura Rigby, a volunteer at Blue Water Compassion Center, helped to gather signatures for the petition that got the initiative on the ballot.


Rigby said she hopes Port Huron becomes a leader in the marijuana industry.


"It doesn't get more American than putting something on a ballot and voting on it. The city should honor the vote," Rigby said. "If the city chooses to continue to uphold state law instead of honoring the vote, the proposal passing would still be a step forward. It would still be a baby step."


She said marijuana is not addictive, users can't overdose and it is not a gateway to harder drugs, like some believe.


"It's a non-toxic, non-lethal substance," Rigby said. "Peanuts kill 600 people a year, and marijuana has not killed anyone yet."


Tim Beck, Safer Michigan Coalition chairman, said 17 states, including New York, Ohio, Maryland, California, Alaska and Mississippi, have all made the activity the equivalent of a traffic ticket or less.


"Places like Ann Arbor have not enforced marijuana laws for many years," Beck said. "The result has freed up police resources to deal with real crime, which has real victims."


Beck said keeping marijuana illegal makes it more enticing to young users.


"Kids already believe marijuana is a safe substance," Beck said. "Entertainers glamorize marijuana ... The message we need to be sending to kids is that marijuana, alcohol and tobacco are meant for adults."


State laws trump city vote


Regardless of the outcome of the Nov. 4 vote, Reaves said his officers will continue to conduct business as they are sworn to do.


"State law supersedes local ordinances, federal law supersedes state law," Reaves said.


When the Port Huron petition initiative was approved in August, Governor Rick Snyder and Attorney General Bill Schuette expressed similar opinions on the law.


Snyder sent a letter to the city Aug. 19 with an attached opinion from Schuette declining to approve the charter amendment.


"Whether or not the proposed amendment is approved by the voters, marijuana will remain a controlled substance under state and federal law," Snyder wrote, in the letter.


"City, county, state, and federal law will retain the authority and duty to enforce those criminal laws, without regard to any provision in the charter."


Freed said the proposal seems like a ploy to get the Legislature to change state law, a ploy that's costing Port Huron money.


He said three full-time employees worked for more than two weeks to certify the signatures on the petition.


"People need to realize there was a cost to the taxpayers to get this on the ballot," Freed said.


"Port Huron has real issues we need to focus on and real problems we need to address."


Beck said if the city doesn't respect a vote to support the proposal, the passage would be, at the very least, a political statement.


"This proposal will at least put pressure on the Legislature to change policy statewide," Beck said. "You don't get a better poll of what your people want than an election."


Paul Tylenda, a criminal drug case lawyer who has worked on a couple of high-profile marijuana cases in St. Clair County, said officials are using the state law to pick and choose whom to ticket.


"If I was defending a client who received a ticket from a city officer under state law in a city where marijuana was allowed, I would first want to know why the city officer thought the ticket was necessary," Tylenda said. "Decriminalization at city level means officers no longer have to pursue it as a crime and can allow for minor possession.


"If this proposal passes, it will get the public to question why police officers are writing tickets for a violation that the city voters decided should no longer be a violation in their city."


County, state officials weigh in


Port Huron police officers aren't the only law enforcement agency sworn to uphold state and federal laws in Port Huron.


Michigan State Police troopers operate out of the same building as Port Huron police officers, and St. Clair County Sheriff deputies enter the city to deliver subpoenas, provide assistance when needed, follow up on investigations, and do business through the Drug Task Force.


St. Clair County Sheriff Tim Donnellon said the charter amendment won't change deputies' responsibilities.


"There's a state law, and there's a federal law, and those haven't been replaced," Donnellon said.


"They're not going to do anything different regardless of what happens with this language."


Michigan State Police spokeswoman Tiffany Brown said the agency has received several inquiries regarding marijuana proposals throughout the state.


Brown said the agency's stance remains the same from city to city.


"The state police will always enforce state law," Brown said. "State law recognizes marijuana is illegal, and that is what we will enforce."


St. Clair County Prosecutor Mike Wendling said he'll continue to prosecute under state law whatever violations are brought to his office.


"As long as the city of Port Huron remains in the state of Michigan, if you are in possession of marijuana and do not have an exemption under the Medical Marihuana Act, you are committing a one-year misdemeanor under state law," Wendling said.


"I would expect that any sworn police officer within this state would enforce that law."


Wendling said the ballot proposal has the potential to mislead people into thinking it will actually work.


"That's not an issue that can be dealt with at the local level," Wendling said.


"I would hope that this ballot initiative doesn't send a message to people, especially young people, that marijuana is not a dangerous drug. It's still a schedule one narcotic."


Akhter Saeed, McLaren Port Huron emergency room physician, estimated about 15 percent of the patients he sees in the emergency room have marijuana in their system.


He said the effects of the drug often are negative.


"Users start out smoking a small amount but eventually desire higher doses of the substance," Saeed said. "If people already have a health problem, like depression or are bipolar, it can heighten that or trigger episodes of mania or delusion."


Saeed said patients who come in say they can't go without marijuana because it calms them. Saeed said alcohol calms people as well, and that substance can causes sclerosis of the liver, among many other problems.


"We don't see 'marijuana poisoning' like we see alcohol poisoning," Saeed said. "What we do see is that those who come into the ER with marijuana in their system don't just have that substance in their system, they have a cocktail of drugs in their system usually including cocaine and alcohol."


A similar proposal in Ferndale


Port Huron isn't the first city to put pot possession on the ballot.


In November 2013, Ferndale voters approved by 69 percent a proposal almost identical to what is proposed in Port Huron.


Ferndale Police Chief Tim Collins said the amendment to the city ordinance has not changed operations at the police department.


He said before the amendment passed, the police department tracked how many times someone older than 21 with less than one ounce of marijuana on private property was arrested for just that offense.


Collins said there were no arrests under those circumstances in three and a half years.


"I'm not expending my officers' time knocking on someone's door because there's a couple guys smoking weed in the basement and playing video games," Collins said.


"We weren't wasting any time on it to begin with, and we haven't wasted any time on it since the proposal passed."


However, Collins said, if an officer were to respond to a home for a domestic violence offense and find a suspect with even a small amount of marijuana, the person would be charged for both offenses.


He said that practice hasn't changed since the proposal passed. Collins said his officers still are bound by the state to enforce marijuana laws.


"It's not like the officers have a choice," Collins said.


A different approach in Grand Rapids


In November 2012, voters in Grand Rapids approved an amendment to the city charter that would reclassify possession of small amounts of marijuana as a civil infraction instead of a misdemeanor, city attorney Catherine Mish said.


The proposal also prohibited Grand Rapids police officers from reporting matters involving small amounts of marijuana to the state prosecutor. Instead, the civil infractions were reported to the city attorney.


"Part of (activists') reason for pursuing the change was to avoid a criminal record being created for what they considered to be a minor matter," Mish said.


The civil infraction carries a penalty of $25 for the first offense, $50 for the second offense, and $100 for the third offense.


Mish said, since the change went into effect, district court has tacked on court costs to the fines so the actual average cost of a ticket is between $85 and $125.


She said no quantity limits were addressed in the ballot language so the city manager implemented a quantity limit of 2.5 ounces.


Anything more than 2.5 ounces is treated as a misdemeanor and reported to the state prosecutor. If someone is stopped by a county deputy or state trooper, marijuana possession is treated as a misdemeanor.


Mish said the number of matters involving marijuana does not appear to have increased or decreased within the city. The only difference is offenses once treated as misdemeanors now are classified as civil infractions and go to her office instead of the prosecutor's.


The change in Grand Rapids wasn't uncontested.


When the proposal passed in November 2012, the county prosecutor filed a lawsuit against Grand Rapids to strike down the changes as a violation of state law.


The city won in circuit court, but the prosecutor appealed. The city and state prosecutor will return to the court of appeals for oral arguments Nov. 14.


"I would expect to have an opinion by the end of the year," Mish said.


Whatever the outcome of the court case, Mish expects the results to set a precedent about the state's say in the city's charter amendments.


"This is the kind of case I predict will go to the Michigan state court of appeals," Mish said.


Contact Beth LeBlanc at (810) 989-6259 or eleblanc@gannett.com. Follow her on Twitter @THBethLeBlanc. Contact Nicole Hayden at (810) 989-6279 or nhayden@gannett.com. Follow her on Twitter @NicoleHayden_TH.


PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PORT HURON TO ADD A NEW SECTION 3-13 ENTITLED MARIJUANA


Shall the Charter of the City of Port Huron, Michigan, be amended such that nothing in the Code of Ordinances shall apply to the use, possession or transfer of less than one ounce of marijuana, on private property, or transportation of one ounce or less of marijuana, by a person who has attained the age of 21 years?


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See,

This is what I meant when I stated in another thread.

We Must Legalize.

For Freefom

For Privacy

For Civil Rights

For The Children's sake ( corner drug dealers don't check Id , but Colorado's stores do! )

For the Budget ( wasted taxpayer resources )

Aren't these Republican Key phrases?

Where is the other side of the aisle?

Stuck in the Mud of the Drug War..

Edited by ilynnboy
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Where were these people when they unconstitutionally made MJ illegal on the federal level?  An oath my azzzzzzz!!!!!  Where is the oath when the people who swore to uphold the constitution made MJ illegal?  What about taking up an oath to be a PUBLIC SERVANT and stand up for the people who VOTE YOU IN?

 

If the gov't has become too much red tape and doesn't serve it's citizen's it is our OBLIGATION to overthrow it!!!!

 

Maybe replace is a better word.  I think I'm a little old for the overthrow part anymore. :)

Edited by Norby
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"We don't see 'marijuana poisoning' like we see alcohol poisoning," Saeed said. "What we do see is that those who come into the ER with marijuana in their system don't just have that substance in their system, they have a cocktail of drugs in their system usually including cocaine and alcohol."

 

gateway theory just dont work.

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If the gov't has become too much red tape and doesn't serve it's citizen's it is our OBLIGATION to overthrow it!!!!

 

Maybe replace is a better word.  I think I'm a little old for the overthrow part anymore. :)

 I wish i was younger, I would stand side by side with ya.. but 60+ and sick makes it hard to fight.. !!

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See,

This is what I meant when I stated in another thread.

We Must Legalize.

For Freefom

For Privacy

For Civil Rights

For The Children's sake ( corner drug dealers don't check Id , but Colorado's stores do! )

 

Gimme a break. Kids will get it whether it's legal or illegal. The child access thing is dumb from both sides of the issue. If kids want it there will be dealers that buy from the dispensary and sell to underage. It won't be any different than it is now. Just like alcohol.

 

Kids will get it no matter what. Bottom line. That's one reason why the drug war is dumb.

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Habanero

What a complete waste of breath^^

 

Where is your common sense??^^

 

So by your reasoning;

Alcohol should be just on the shelves so any one can purchase it?

( after all an adult could purchase it and sell it to the kids, right?)

Your argument falls flat as a pancake Bro..

No thank you.. I choose to think a liscensed and regulated store would be a better solution than your ideas?

Which are??

Oh that's right you offered Zero positive comments or ideas..

Only attack and ridicule

You go in file 13

Good-Bye

Edited by ilynnboy
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Habanero

What a complete waste of breath^^

 

Where is your common sense??^^

 

So by your reasoning;

Alcohol should be just on the shelves so any one can purchase it?

( after all an adult could purchase it and sell it to the kids, right?)

Your argument falls flat as a pancake Bro..

No thank you.. I choose to think a liscensed and regulated store would be a better solution than your ideas?

Which are??

Oh that's right you offered Zero positive comments or ideas..

Only attack and ridicule

You go in file 13

Good-Bye

Oh I didn't know I had to offer a positive comment in order to comment.  But since that's a requirement here you go. Like your avatar broseph.

 

And how is that my reasoning? That any1 should be able to purchase alcohol??? You ain't makin sense bro. How will a regulated store prevent kids from getting it??? What is YOUR reasoning? Does regulating alcohol prevent kids from getting it? Course not. How is it you think that regulating marijuana will keep it from kids? If there's a market for use by kids then someone will sell it to them. You think the dealer won't still be doing the same thing....selling it to them....just because the dealer maybe gets it from a regulated store??? What?

 

Seriously bro, tell me how regulating it at a store will keep it outta kids paws anymore than it's already kept from them? You're acting like putting it in stores means kids will only be tryna get it from stores. Walk me through that reasoning bro so you can set me straight. Pro legalization people that put that argument out there just make themselves look dumb.

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In some developed countries a person can send their kids to the corner store to pick up alcohol & tobacco, along w whatever other grocery items are needed. And they seem to have less abuse (use) by kids in general. I don't think its a matter of law in as much as one of culture. If we had a more adult (healthier) view of drug use, perhaps we could pass that on to our kids & that in and of itself would better serve them in the decisions they will face.

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In some developed countries a person can send their kids to the corner store to pick up alcohol & tobacco, along w whatever other grocery items are needed. And they seem to have less abuse (use) by kids in general. I don't think its a matter of law in as much as one of culture. If we had a more adult (healthier) view of drug use, perhaps we could pass that on to our kids & that in and of itself would better serve them in the decisions they will face.

Yeah no kidding. Tell a kid they can't have something and the first thing they wanna do is get into it.

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How will a regulated store prevent kids from getting it??? What is YOUR reasoning? Does regulating alcohol prevent kids from getting it? Course not.

this is my opinion as well, but every single poll they do says kids can get marijuana easier than they can get alcohol.

 

so the system works.

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this is my opinion as well, but every single poll they do says kids can get marijuana easier than they can get alcohol.

 

so the system works.

Yeah that's garbage though. Marijuana is just easier to conceal and people sell it at school. Not many people tryna make a buck off a pint at school.

 

Either way the kid argument is all propaganda. There will always be dealers as long as there is profit to be made. Capitalism!

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