Tuesday, Oct. 31, 2017

(News 12 NBC 26 @ 11 o'clock)

AUGUSTA, Ga. (WRDW/WAGT) -- Augusta commissioners say they need more insight before they can decide whether or not to change the local marijuana laws.

"We're advocating for changing the law but we're not advocating the use of marijuana," District One Commissioner Bill Fennoy said.

Fennoy wants Augusta's ordinance to mirror Atlanta's which is a 75 dollar fine with no jail time. The local ordinance doesn't spell out a punishment. Instead a punishment defaults to the consequence for a violation of any local ordinance. That means up to a 1,000 dollar fine and 6 to 12 months behind bars.

"Look at the immediate impact, right now if someone is caught with a joint they can go to jail, they can be immediately locked up," Fennoy said.

A person caught with less than an ounce of weed can still be charged under the state law. That can mean jail time, even with a local law change. This year Richmond County deputies wrote twice the amount of local tickets than state ones.

"It's not that we don't want to do it but what do the courts have to say about it because they're going to be impacted by it, what does the sheriff have to say because he's going to be impacted by it as well," Commissioner Ben Hasan said.

That's what commission wants to learn before they move forward wih a decision either way.

"I think that there is a will to do it from a commission perspective, but we need to see how it will impact the city of Augusta as a whole," Hasan said.

So they're waiting to make sure this falls in line with what local law enforcement wants before they even give the go ahead to draft an ordinance. But, it's a move that already has some support if it gets the green light from law enforcement.

Another thing commissioners have to keep in mind is this change would not be county wide. If someone was arrested in Hephzibah or Blythe this would not apply to them unless the cities adopted this change as well.

The city attorney said the change could be quickly drafted if they decide to go ahead with it.

Monday, Oct. 30, 2017

(News 12 at 6 O'Clock / NBC 26 News at 7)

AUGUSTA, Ga. (WRDW/WGAT) – "Well let's make no mistake about it, marijuana is illegal in the state of Georgia," declares Captain Rollins.

It's illegal but that doesn't mean deputies do not have some control over how the punishment fits the crime.

Capt. Allan Rollins of the Richmond County Sheriff's Office tells News 12, "But for the most part we can be reasonable. A few joints in the ashtray, you're most likely going to wind up in magistrate court."

There aren't hard and fast rules for what gets you a ticket versus time.

"But when you have a little baggy on you, you have your identification, but there were some other circumstances that led up to your arrest, Captain Rollins explains, “the officer can write you a ticket and send you to magistrate court."

If that's the case you would get a misdemeanor and it wouldn't go on your permanent record. The deputy can also decide it's a state court offense that would still be a misdemeanor charge but it would go on your record and big offenses like possessing large amounts or distribution mean felony charges.

"If it's a very small amount, there's no point in ruining your whole life with a state charge”, says Captain Rollins.

That's the route deputies typically take, so far this year there have been 284 tickets 141 state charges and 134 felonies. Even if local leaders decide to change the local law making it a 75 dollar ticket with no jail time for possessing small amounts, deputies can still decide to bring it to the state.

Captain Rollins says, "It's a whole lot easier to write you a ticket than to have to book you and take you in, then to just write you a ticket and let you go."

Monday, Oct. 30, 2017

(News 12 First at Five)

AUGUSTA, Ga. (WRDW/WAGT) -- "Not only now but I think it's something that should have been done a long time ago.”

Commissioner Bill Fennoy says now is the time to change local ordinances for possessing small amounts of marijuana.

"Right now it say a fine up to $1,000 and a six months of jail time could be imposed. What I want to see is that it's a $75 fine and no jail time."

That's the same law Atlanta signed into place earlier this month. Fennoy says it could wind up saving time and money for the city.

"I think if you treat it like a traffic ticket, it will free up a lot of beds on Phinizy Road."

Commissioner Dennis Williams agrees.

"Ticket them, give them a stiff ticket, make sure they pay it, then we will be reducing our costs by keeping them out of prison."

He says in one of the biggest cities in Georgia, they have to think progressively.

"We need to act like the second or third largest city in Georgia.”

They say it's not about decriminalizing the drug.

"I don't want to give the impression that I'm encouraging people to smoke marijuana. Marijuana is still illegal," said Commissioner Fennoy.

But they want to make sure the city is putting their resources where they're needed the most.

"If they're just selling a nickel bag or a dime bag here, yes it's wrong, but how much does that wrong affect our population," said Commissioner Williams.

Commissioner Fennoy says he asked someone from the Sheriff’s Office to talk to the commission about how this will impact them because the deputies are the ones who would have to ticket, and the deputies are already issuing a lot of tickets for this as it is.