UPDATE: Grand Rapids marijuana decriminalization on track for state Supreme Court

GRAND RAPIDS, MI – The state court of appeals upheld Grand Rapids’ voter-driven decriminalization of marijuana.

Kent County Prosecutor William Forsyth earlier lost a challenge to the 2012 charter amendment in Kent County Circuit Court. Forsyth could not be immediately reached for comment on the decision.

Forsyth challenged the law because he said it wrongly prohibits Grand Rapids police from enforcing state law, or reporting marijuana offenses to county prosecutors.



Related: 'Not about voters' rights,' Kent County attorney argues about Grand Rapids marijuana decriminalization



Related: Kent County judge rejects prosecutor's injunction to halt marijuana decriminalization in Grand Rapids

The appellate ruling, issued Friday, Jan. 9, upheld that ruling by Judge Paul Sullivan. More than 44,000 Grand Rapids voters approved the amendment, which made possession of less than 2.5 ounces of marijuana a civil infraction.

“In sum, the Charter Amendment is not preempted by state law,” justices Mark Boonstra, Pat Donofrio and Elizabeth Gleicher wrote in a six-page opinion.

“The parties do not identify a genuine issues as to a material fact in this case, and the trial court did not err in granting summary disposition” in favor of the city.

John Agar covers crime for MLive/Grand Rapids Press E-mail John Agar: jagar@mlive.com and follow him on Twitter at twitter.com/ReporterJAgar