Grand Rapids Cannabis Decriminalization Stands
[dropcap class=”kp-dropcap”]T[/dropcap]he Michigan Supreme Court has let stand an amendment to the Grand Rapids city charter that decriminalizes cannabis. In 2012, Michigan voters approved the amendment, making possession of or sharing of cannabis a civil infraction with minimal fines and no jail time. It also makes cannabis cases a low police priority, and forbids city law enforcement officials from referring cannabis cases to the Kent County prosecutor’s office. Kent County Prosecutor William Forsyth had been trying to challenge this voter-approved amendment—but had failed in the Kent County Circuit Court and the Michigan Court of Appeals. Forsyth claimed that the amendment was an illegal restriction on his power to enforce state drug laws (which continue to make cannabis a crime).
“Grand Rapids is now one of 14 cities in Michigan to have passed decriminalization laws on cannabis possession and use.”
Forsyth took the appeal to the Michigan Supreme Court, and although the majority of the Supreme Court justices refused to take the case, two justices dissented—Republican Justices Stephen Markman and David Viviano—pleading that the case needed to be on the court’s docket. “I would have granted the application because I believe this case presents an important constitutional question concerning whether a home rule city may, through its charter, encroach upon a county prosecutor’s broad power to enforce state law,” wrote Viviano in the dissent.
Justices Markman and Viviano were in the minority among the seven justices, so luckily, the Grand Rapids charter amendment still remains valid. Grand Rapids is now one of 14 cities in Michigan to have passed decriminalization laws on cannabis possession and use.
