Pot law on hold for now

pot law graphic

 

By Charles Sercombe
Time to roll another one for Hamtramck city officials.
Hamtramck’s attempt at adopting a law forbidding marijuana use busted down in a haze of differing opinions on where to go with this issue.
But before we get to that, it should be clarified that the city is not attempting to alter or change the use of pot by those with medical marijuana cards.
Instead, the city is attempting to update its enforcement book on cracking down on the recreational use of pot. It recently came to light that the city never adopted a local ordinance outlawing marijuana possession or use. Instead, officers have relied on a local ordinance for possessing narcotic paraphernalia and the state law on possessing marijuana.
The result of all this is that by using a state ordinance, most of the fines and fees go to the state instead of the local district court.
City Attorney Travis Mihelick fired up the issue a couple of weeks ago by introducing a local ordinance that criminalizes marijuana possession and use for those who do not have a medical card.
His proposal was stonewalled when some city councilmembers and the mayor objected, saying they would rather see it decriminalized.
Despite the objections, the council and mayor agreed to go through the first steps in adopting the law and a public hearing was set for last Tuesday. The idea was that adjustments could be made later in the process of adopting the ordinance.
But Mayor Karen Majewski had second thoughts and took it off the table and canceled the public hearing.
However, she allowed time for public comment on the issue at Tuesday’s council meeting.
Four speakers urged the council to back off from criminalizing marijuana. Three other spoke about medical marijuana dispensaries, which is something the city has declined to allow despite other cities moving ahead on this issue.
Carrie Beth Lasley, a Hamtramck resident who is also a member of the Zoning Board of Review, said there are 20 Michigan cities that have decriminalized or lessened the punishment for marijuana possession.
Instead of being progressive, she said, Hamtramck is “moving in the opposite direction” of where other cities are heading on this matter.
Another resident and outspoken critic of city government, Bill Meyer, speaking as a former consumer of alcohol and marijuana, urged the council to not pass a law against pot.
“People who smoke marijuana are not criminal,” he said.
He said that marijuana is less harmful on the body than alcohol consumption or even sugar.
Meyer added that fining people $500 for using it is a “crime itself.”
“The trend in the country is towards decriminalizing drugs, not only marijuana,” he said, adding: “The war on drugs has been a complete failure.”
Mayor Majewski said public input will be considered in drafting a new policy on marijuana use. City Attorney Mihelick said he has several policies ready for the council to consider.
In typical Hamtramck tradition, this issue took a long, strange trip.
Mihelick initially said he was prompted to draw up an ordinance by Hamtramck 31st District Court Judge Paul Paruk who wanted to keep the fines local.
But the Metro Times reported a statement from Paruk in which he denied any request for the ordinance.
Paruk did not contact The Review nor share his statement with us.
After that Metro Times report City Attorney Mihelick denied he said the judge asked him to come up with an ordinance. The Review stands by its initial report.
One thing Mihelick didn’t do, nor the city administration, was to first ask the city council and the mayor what they thought about the matter.

2 Responses to Pot law on hold for now

  1. Roadman

    March 20, 2016 at 11:10 am

    One correction needs to be made here:

    The “City Attorney” is NOT Travis Mihelick – he works under City Attorney John Clark, who is a senior partner at the Giarmarco Mullins & Horton law firm based in Troy.

  2. Guest

    March 30, 2016 at 10:30 am

    Police should concentrate on making Hamtramck safer. A task that has gone downhill since Chief Max was fired.

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