Katelyn Baker
Well-Known Member
Last year, members of Athens C.A.R.E. Project, a marijuana decriminalization advocacy organization affiliated with Georgia C.A.R.E., rallied outside of the Athens-Clarke County city hall and demanded that marijuana possession be treated as a civil offense rather than a criminal one.
Those in Athens are not the only ones in the state attempting to decriminalize possession of marijuana.
Early this July, leaders for the city of Clarkston in DeKalb County will vote on a precedent setting piece of legislation, which would make the possession of an ounce or less of marijuana a ticket-only offense with penalties potentially being as trivial as a $5 fine.
Laws that make marijuana possession a ticket-only offense have become more prevalent in the past few years, as many cities around the country, including New York City, Chicago as well as the District of Columbia. have created ordinances similar to Clarkston's potential marijuana law. If Clarkston were to pass this ordinance, it would be the first city in the state of Georgia to decriminalize the possession of the drug.
Mario Williams, a councilman for Clarkston, said there are multiple reasons why he believes the way marijuana laws are enforced should be redefined.
One of these reasons, he said, was the discrepancies he has found in the penalties individuals could face for possession of less than an ounce of marijuana. Williams said it is possible for one person to face six months in prison for a first-time offense, while others could face up to a year as well as a $1,000 fine for the same crime.
"We don't want arbitrary penalties for possessing less than an ounce of marijuana. We don't want anybody spending or even being threatened with six months to a year in jail for possessing an ounce or less of marijuana," Williams said. "Take away the imprisonment, fix the fines, add a public health component ... to make it a ticket-only offense. [We're] exercising our authority in this discrete area of law that Georgia has given us permission to regulate."
Before writing the ordinance, Williams said the city sought the advice of numerous groups, including Law Enforcement Officers against Prohibition, a nonprofit organization made up of past and present law enforcement who believe the war on drugs has failed, as well as Georgia C.A.R.E. an activist organization dedicated to reforming Georgia's cannabis laws.
"The information led us to believe there is disparaged impact not just across racial lines but across socio-economic lines about who is actually affected the most by being arrested and jailed for an ounce or less of marijuana," Williams said. "People are being marginalized."
"We're raising awareness that marijuana being illegal is a social justice issue," said Morgan King, a junior at the University of Georgia from Kennesaw and president of Athens C.A.R.E.
"We're not just trying to legalize pot for ourselves, but for everyone who is arrested," King said. "In Athens, you're around three-times more likely to be arrested for marijuana if you're black."
King went before the Athens-Clarke County Commission last October to request that the county create a parallel ordinance, one that would not trump but rather exist alongside state and federal marijuana laws. King said this ordinance would leave it up to law enforcement officer discretion to arrest for possession of small amounts of marijuana. The suggestion was quickly dismissed by Athens-Clarke County officials who said local ordinances can not conflict state and federal law.
"We have four or five commissioners who support us," King said. "The county attorney said because of the state laws [passing an ordinance decriminalizing marijuana] isn't possible, but that's just his interpretation of it."
Williams, who is both a councilman in Clarkston and an attorney focused on human rights, said Clarkston is not the only city in Georgia that has the ability to pass an ordinance such as the one that will be voted on next month. Every city in Georgia has the ability to choose how it regulates the possession of an ounce or less of marijuana, he said.
"The Georgia legislature has said 'when it comes to crimes of possession of less than an ounce of marijuana each municipality has the power to regulate to try and dispose of those offenses,'" Williams said. "The extent of the power deals with fines and imprisonment."
Athens-Clarke County Attorney Bill Berryman refused to comment on whether the possibility for an ordinance similar to Clarkston's to pass in Athens exists, but he did say that although state law regulates all controlled substances including marijuana, municipal courts do rule on cases of possession of less than an ounce of marijuana.
Commissioner Jerry NeSmith of District 6 said he would be in favor of the dicriminalization of small amounts of marijuana.
"My opinion is we should do the same thing [as Clarkston]," NeSmith said.
In April, Gov. Nathan Deal spoke out against Clarkston leaders' plan to decriminalize marijuana. He said that state and federal law enforcement would take care of the issue.
Even if Clarkston's ordinance passes, if an arrest is made by the Georgia Bureau of Investigation in the city, as opposed to the Clarkston Police Department, anyone arrested could still face up to a year in jail and a $1,000 fine. If the arrest were to occur within the city of Clarkston borders, it would not make a difference.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: If Clarkston City Law Relaxing Penalties Passes, May Pave Way For One In Athens
Author: John Hammel
Contact: 706 433-3000
Photo Credit: Chris Carson
Website: The Red & Black
Those in Athens are not the only ones in the state attempting to decriminalize possession of marijuana.
Early this July, leaders for the city of Clarkston in DeKalb County will vote on a precedent setting piece of legislation, which would make the possession of an ounce or less of marijuana a ticket-only offense with penalties potentially being as trivial as a $5 fine.
Laws that make marijuana possession a ticket-only offense have become more prevalent in the past few years, as many cities around the country, including New York City, Chicago as well as the District of Columbia. have created ordinances similar to Clarkston's potential marijuana law. If Clarkston were to pass this ordinance, it would be the first city in the state of Georgia to decriminalize the possession of the drug.
Mario Williams, a councilman for Clarkston, said there are multiple reasons why he believes the way marijuana laws are enforced should be redefined.
One of these reasons, he said, was the discrepancies he has found in the penalties individuals could face for possession of less than an ounce of marijuana. Williams said it is possible for one person to face six months in prison for a first-time offense, while others could face up to a year as well as a $1,000 fine for the same crime.
"We don't want arbitrary penalties for possessing less than an ounce of marijuana. We don't want anybody spending or even being threatened with six months to a year in jail for possessing an ounce or less of marijuana," Williams said. "Take away the imprisonment, fix the fines, add a public health component ... to make it a ticket-only offense. [We're] exercising our authority in this discrete area of law that Georgia has given us permission to regulate."
Before writing the ordinance, Williams said the city sought the advice of numerous groups, including Law Enforcement Officers against Prohibition, a nonprofit organization made up of past and present law enforcement who believe the war on drugs has failed, as well as Georgia C.A.R.E. an activist organization dedicated to reforming Georgia's cannabis laws.
"The information led us to believe there is disparaged impact not just across racial lines but across socio-economic lines about who is actually affected the most by being arrested and jailed for an ounce or less of marijuana," Williams said. "People are being marginalized."
"We're raising awareness that marijuana being illegal is a social justice issue," said Morgan King, a junior at the University of Georgia from Kennesaw and president of Athens C.A.R.E.
"We're not just trying to legalize pot for ourselves, but for everyone who is arrested," King said. "In Athens, you're around three-times more likely to be arrested for marijuana if you're black."
King went before the Athens-Clarke County Commission last October to request that the county create a parallel ordinance, one that would not trump but rather exist alongside state and federal marijuana laws. King said this ordinance would leave it up to law enforcement officer discretion to arrest for possession of small amounts of marijuana. The suggestion was quickly dismissed by Athens-Clarke County officials who said local ordinances can not conflict state and federal law.
"We have four or five commissioners who support us," King said. "The county attorney said because of the state laws [passing an ordinance decriminalizing marijuana] isn't possible, but that's just his interpretation of it."
Williams, who is both a councilman in Clarkston and an attorney focused on human rights, said Clarkston is not the only city in Georgia that has the ability to pass an ordinance such as the one that will be voted on next month. Every city in Georgia has the ability to choose how it regulates the possession of an ounce or less of marijuana, he said.
"The Georgia legislature has said 'when it comes to crimes of possession of less than an ounce of marijuana each municipality has the power to regulate to try and dispose of those offenses,'" Williams said. "The extent of the power deals with fines and imprisonment."
Athens-Clarke County Attorney Bill Berryman refused to comment on whether the possibility for an ordinance similar to Clarkston's to pass in Athens exists, but he did say that although state law regulates all controlled substances including marijuana, municipal courts do rule on cases of possession of less than an ounce of marijuana.
Commissioner Jerry NeSmith of District 6 said he would be in favor of the dicriminalization of small amounts of marijuana.
"My opinion is we should do the same thing [as Clarkston]," NeSmith said.
In April, Gov. Nathan Deal spoke out against Clarkston leaders' plan to decriminalize marijuana. He said that state and federal law enforcement would take care of the issue.
Even if Clarkston's ordinance passes, if an arrest is made by the Georgia Bureau of Investigation in the city, as opposed to the Clarkston Police Department, anyone arrested could still face up to a year in jail and a $1,000 fine. If the arrest were to occur within the city of Clarkston borders, it would not make a difference.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: If Clarkston City Law Relaxing Penalties Passes, May Pave Way For One In Athens
Author: John Hammel
Contact: 706 433-3000
Photo Credit: Chris Carson
Website: The Red & Black
