Prosecutor: Simple possession of pot no longer prosecuted

Trace Christenson | Battle Creek Enquirer

Calhoun County has stopped prosecuting people for possessing small quantities of marijuana.

"These are simple cases and the voters spoke and they don't want us to pursue simple possession," Prosecutor David Gilbert said Monday. "If we have cases in place we will hold them until the law is certified and if its 2.5 ounces or less we won't follow through."

Voters approved a ballot issue making 2.5 ounces or less of marijuana legal to possess for anyone 21 and older and residents can have up to 12 plants and 10 ounces in their homes.

The law takes effect Dec. 6.

And while law enforcement officials still have questions about the implementation of the new law, Gilbert said, "I made my decision a few days ago as soon as they passed the law. We are not going to waste our time or county resources with prosecution."

Chief Jim Blocker of the Battle Creek Police Department said his officers are no longer seeking charges for minor possession of the drug.

"We won't charge as long as they are within the basic guidelines under Prop 1," Blocker said. "Simple possession, we are not going to deal with it."

Calhoun County Sheriff Matt Saxton said deputies also are not arresting for simple possession.

"It's grow your own, smoke your own," he said. "They can have in their possession up to 2.5 ounces. We are treating it like the law is in effect."

Saxton emphasized that the law prohibits anyone younger than 21 from using marijuana and from anyone smoking marijuana in public or driving under the influence of marijuana, although possession of a legal limit in the car won't be prosecuted

Officers will continue to stop drivers they believe are under the influence and conduct sobriety tests, although Gilbert said state authorities are still trying to determine how much marijuana in a person's system qualifies as being under the influence.

The sale of marijuana, other than medical marijuana, remains illegal and Blocker said the city's other governmental units will continue to work on regulations and any changes in ordinances for several months.

He said his officers have begun training on several aspects of the new law.

And Gilbert said because of the new law he has concerns about increased black market sale of marijuana, use by juveniles, drivers operating under the influence and more people seeking treatment in emergency rooms and for mental health issues.

Contact Trace Christenson at 269-966-0685 or tchrist@battlecreekenquirer.com. Follow him on Twitter:@TSChristenson