Signature-gathering for Kalamazoo marijuana ordinance begins

KALAMAZOO — Organizers of a push to significantly liberalize the way marijuana is viewed by law enforcement in the city are to begin gathering signatures this spring to get the issue before voters.

The Kalamazoo Coalition for Pragmatic Cannabis Laws is seeking to have an ordinance added to Kalamazoo’s city charter that would make the possession of small amounts of marijuana the “lowest priority for law enforcement.”

If adopted, Kalamazoo would be the only municipality in the state to have such a law. Ann Arbor has an ordinance that makes it a civil infraction to use or possess small amounts of marijuana.

Supporters say the Kalamazoo ordinance would save taxpayer money by significantly limiting police investigations of small-scale marijuana possession and use and would also allow for the responsible recreational use of the drug in one’s own home without the fear of police intrusion.

“We’re stunned at the amount of money being spent for pot arrests,” said Martin Chilcutt, a member of the coalition. “It’s the least dangerous of all drugs. We don’t understand what [law enforcement] is afraid of. It’s irrational fear.”

Ron Kramer, head of the criminal justice department at Western Michigan University, said that the issue “seems to make sense.”

“It’s a sane proposal that’s long overdue,” said Kramer, who is an advocate for the legalization of marijuana. “It would let law enforcement focus on the real problems facing the city.”

Organizers will have to submit a total of at least 1,273 signatures of registered city voters to the Kalamazoo city clerk by Aug. 14. The issue would then go before the city commission, which would have 14 days to either adopt the measure or punt it to voters. The coalition is hoping to have the issue before voters in the November election.

But local law enforcement officials and local leaders don’t see the need for such an ordinance, saying that small-scale marijuana investigations are not a priority currently.

“I don’t see why it’s needed,” said Kalamazoo County Prosecuting Attorney Jeff Fink. “We don’t need an ordinance to determine what law enforcement’s priorities are.”

Fink said that marijuana possession is “on the lesser scale of offenses” in the city. He added that when marijuana is found, it’s usually because it’s tied to another offense, such as police investigating an assault, searching a person and finding the drug.

Cpt. Joseph Taylor, commander of the Kalamazoo Valley Enforcement Team, which targets illegal drug use in Kalamazoo County, went a bit further, calling the proposal “ludicrous.”

“This is a silly idea,” he said. “It’s a roundabout way of circumventing the more difficult process of getting marijuana legalized.”

Preliminary statistics for 2008 show that 1,593 controlled substance arrests were made in Kalamazoo. Of that number, 933 were for marijuana offenses of which 173 for felonies and 820 for misdemeanors.

The average cost per arrest is $4,000, according to the coalition.

Mayor Bobby Hopewell said the commission would likely send the issue to voters, adding that he is “not a person who is championing the decriminalization of marijuana.”

“I don’t know much about this,” Hopewell said. “We need to have the city attorney look into this and research it. It’s a larger issue than just what I think, though. We need to find out what folks in our neighborhoods think, what law enforcement thinks.”

Still, the coalition sees Kalamazoo as fertile ground for the measure, pointing out that the state’s new medical marijuana law, a measure which went into effect on Saturday, passed by 75 percent in the city.

“If it goes before voters, it will pass,” Chilcutt said.

The coalition is being funded through grassroots fundraising and is receiving legal assistance through the Marijuana Policy Project, the largest marijuana policy reform organization in the United States.