KALAMAZOO, MI -- Pending criminal cases based solely on marijuana offenses that would be legal under Michigan's recently-approved Proposal 1 will be dismissed, Kalamazoo County Prosecutor Jeff Getting said.

The new law, which Michigan voters approved on Nov. 6, will allow people 21 and older to possess up to 2.5 ounces of marijuana, or 10 ounces in a secure location at their home, and to grow 12 plants or less for themselves at home.

The move by the prosecutor's office to stop prosecuting cases that would be legal under Proposal 1 and dismiss pending cases comes before the new law takes effect, expected sometime in December once election results are certified.

"We're trying to recognize what the people in the state of Michigan asked for, a change in the way marijuana is treated," he said. "It does not make sense to me to say because this happened Nov. 1, we're going to treat it differently than something that happens on Dec. 15."

Getting said on Nov. 15 that he expects "several hundred" marijuana possession cases to be dismissed.

"It's an 180-degree change of what state law currently allows," Getting said, noting that each case will be reviewed.

"We're looking at cases individually to see they fall within the umbrella of Proposal 1 and if it does, we'll be taking action on those pending cases consistent with the law as written in Proposal 1," he said.

It could also impact cases where small amounts of marijuana was exchanged for free and those with outstanding warrants who have not been arrested.

He discussed the issue with colleagues around the state and attorneys and administrative staff at the prosecutor's office and considered both statewide and Kalamazoo County election results.

"We discussed whether or not it was the best use of our resources and court resources to continue to prosecute those currently pending cases," he said.

They determined they would no longer authorize any new marijuana cases that would fall into the parameters of Proposal 1, and would also dismiss pending cases that have not yet been adjudicated.

It's a large project, Getting said. Staff is pulling pending cases for individual review, filing paperwork to dismiss any that fall under Proposal 1 and notifying defendants and their attorneys, he said.

Cases that fall outside what is allowed under the new state law will still be prosecuted, he said, such as growing more plants than what it allows and selling marijuana for a profit.

"We are going to treat our pending marijuana cases the same way they would be treated if the incident date was after Proposal 1 takes effect," he said.

The new law will also change some current crimes to civil infractions, he said, and the prosecutor's office will review those cases as well and make adjustments.

The prosecutor's office has notified police agencies around the county of the changes, he said, and the office is denying charges for those specific offenses from Nov. 6 forward.

A 'weird time' for police

Administrators at the Kalamazoo Department of Public Safety are digesting the news that marijuana will be legal and waiting for further clarification from the state on how to proceed once the new law takes effect, KDPS Assistant Chief David Boysen said on Nov. 14.

"Right now, it remains illegal," Boysen said. "Nothing technically has changed until law takes effect. We're telling our officers to use a lot of discretion and to educate the public about what law is going to be."

Officers are reminding people they still cannot use marijuana in public and cannot drive while high, he said, even after the law is in effect.

Police are not being as strict on marijuana enforcement now compared to before Election Day, he said.

Officers are using discretion about when to present a case involving marijuana or not, "knowing the courts are not going to view it very favorable" after seeing how Kalamazoo County residents voted on the issue.

In the city of Kalamazoo, 20,620 voted for Proposal 1, while 6,613 voted against it. That's an approval rate of more than 75 percent.

Boysen said KDPS is waiting for clarification from the state about how things will look in December, once the law is official.

"We're trying to put a game plan together," Boysen said, and police officials have spoken with members of the prosecuting attorney's office and the city attorney's office about the issue.

He said it is a "weird time" and police are in limbo after the ruling, awaiting clarification.

"The law is vague in a lot of areas," Boysen said.

He said police were instructed to use discretion because of the possibility that cases could be denied by the prosecutor.

Getting confirmed that any new case submitted by police based solely on allegations of offenses that would be allowed under Proposal 1 would be denied.

Kalamazoo County Sheriff Richard Fuller said there is generally "very few" people in jail for mere possession of a small amount of marijuana.

The new law will impact the department, he said, and deputies and other staff are going through training related to the changes.

Sheriff's office staff were told they cannot use marijuana even in their private time, Fuller said. The sheriff's office has ordered signs to post at the jail to make it clear marijuana is not allowed inside, Fuller said.

"As a sheriff's office we cannot be in possession of or housing someone's marijuana as property," he said, noting the substance is still federally controlled.

"We're not going to be in violation of federal law by handing marijuana out to someone because they came to our jail with it," he said.

Staff are being trained on how to handle a situation where they find an amount of marijuana that would have been illegal before the new law, Fuller said.

The sheriff's office will continue its K9 Unit, Fuller said, and will keep at least one dog trained to detect marijuana to help with enforcement at schools.

Police will still have to investigate complaints about marijuana even though some of the incidents will not result in criminal charges. He said police have to allow people to use marijuana if they are doing so legally, while also investigating complaints from people who want nothing to do with it.

He does not expect their workload to be reduced because of Proposal 1.

"We're going to be taking a lot more calls than we ever did before," Fuller said.

The Michigan State Police said the state's criminal justice community will need to implement new policies and procedures that account for the legal use and possession of marijuana.

The MSP will consult with the Michigan Attorney General's Office to determine specific impact on existing department policies and procedures, and will then train members to ensure the new law is applied appropriately, the agency said.

Getting said he hopes it will reduce the number of cases his office has to prosecute, but it is impossible to predict.

"We're very busy, we have limited resources as do the courts and police," he said. "Recognizing this is what the people voted for, and moving forward, it didn't seem right to me that we would continue to prosecute these cases knowing the voters have said not to."

Getting, a practicing attorney for nearly three decades, said he was not surprised when Proposal 1 passed.

"The reality is that I've been doing this now 28 years ... and I cannot honestly say that prohibition has made any difference in the use of marijuana by those persons who were choosing to use marijuana," he said.

"I'm looking forward to see how this law impacts our community both positively and negatively," Getting said. "There are going to be positive impacts when we stop pursuing the possession of marijuana as a criminal offense."