UPDATE: Grand Rapids man gets first citation after marijuana decriminalized

GRAND RAPIDS, MI – Though embittered by how marijuana decriminalization has been delayed, advocates are applauding Grand Rapids leaders for implementing a city charter amendment nearly six months after voters authorized it.

Grand Rapids police starting Wednesday, May 1, are being ordered to enforce “minor” marijuana violations as a civil infraction punishable by a ticket, rather than as a misdemeanor crime – even as the charter amendment is still being challenged in court.

“This is a huge step,” decriminalization advocate Nicholas Monroe told Grand Rapids City Commission on Tuesday night. “It is common-sense policy. It’s necessary. You’re upholding the democratic process.”



RELATED: 'We have liftoff' on marijuana decriminalization: Grand Rapids to start issuing civil infraction tickets

Although more than 58 percent of city voters on Nov. 6 approved a ballot proposal to amend the city charter and decriminalize marijuana offenses, the process was delayed by a lawsuit filed by Kent County Prosecutor Bill Forsyth. Kent County Circuit Judge Paul Sullivan in January authorized Grand Rapids to implement decriminalization – pending his final opinion on the legality of the charter amendment - but a majority of city leaders opted to wait until after an April 24 hearing.

Though Sullivan has not made a ruling in the case, city leaders said they are confident that the court will uphold the charter amendment. City Manager Greg Sundstrom on Tuesday issued an executive order to implement decriminalization, effective today, in accordance with a set of guidelines that still directs police to pursue criminal charges for some marijuana offenses – including possession of more than 2.5 ounces.

“(Sullivan) gave us hints in his comments,” Sundstrom said. “It doesn’t sound like he’s going to opine to throw out the charter amendment.”

Jack Hoffman, an attorney for DecriminalizeGR, the group that put the charter amendment on the November ballot, called it "a good day for all of us," and one that could have come months ago.

“I applaud the city manager for moving forward," he said. "We could have done that last January after the judge dissolved the restraining order, but that’s over and done so let’s move forward.”

Hoffman described Sundstrom's order as a "pilot program" that's a work in progress and "not carved in stone like the Ten Commandments.”

“I think (Sullivan) is going to leave it up to the city manager (how to implement decriminalization) and then we can discuss good points, bad points, how it’s working, how it’s not," he said. “Are the guidelines perfect? Will they need some tweaking or modification in the future?

"They’re probably not perfect. They probably will need modifications."

Sundstrom concurred that the city will be open to working with DecriminalizeGR on tweaks in the future. But how exactly to implement decriminalization also could become a matter for the courts to decide in the future, he said.

“There is a conflict in our charter with this new amendment, so we’re seeking clarity,” Sundstrom said. “I’m not sure if the judge will provide that now or not. That’s what we were hoping for and if it doesn’t happen in this ruling, it will happen at some future time.”

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