Berkley Issues A Faq On Its Decrim Ordinance

[t-pain]

http://www.berkleymich.org/documents/press/PR141107MarijuanaCharterAmendment.pdf

For Immediate Release

 

Contact: Jane Bais-DiSessa, City Manager

248-658-3350

 

www.berkleymich.org

 

DATE: November 7, 2014

 

TO: All Press Media

 

SUBJECT: November Election - Marijuana Charter Amendment

 

The City of Berkley has received numerous phone calls about the November ballot proposal, amending

Chapter 6 of Berkley’s City Charter. To help residents better understand the approved charter

amendment, the following information is offered:

 

The November 4 ballot proposal asked residents:

“Shall Chapter 6 of the Charter of the City of Berkley be amended to add a new Section 6.9,

entitled "Marijuana," to state that: "Nothing in the Code of Ordinances shall apply to the use,

possession or transfer of less than 1 ounce of marijuana, on private property not used by the

public, or transportation of less than 1 ounce of marijuana, by a person who has attained the age

of 21 years"?

 

The election results indicate 62.65% of Berkley residents voted “yes” to approve the charter

amendment, and 37.75% voted “no.”

 

The charter amendment will go into effect after the vote has been certified and the City Clerk files the

charter amendment with the secretary of state and county clerk. That process typically takes 30 days

to complete. In the meantime, what does this mean to Berkley residents?

 

 

Please see the following

answers to frequently asked questions about the ballot proposal:

 

Question Answer

1. Is it legal to sell marijuana in the

City of Berkley?

 

No. The charter amendment does not legalize the sale of

marijuana in Berkley.

 

2. Does the approved amendment

mean that medical marijuana can

be sold in Berkley?

 

Under the Michigan Medical Marihuana Act, marihuana

may only be sold by a primary caregiver to his or her

registered patient(s). No other marijuana sales are

permitted under state or federal law, and the charter

amendment does not change that.

 

3. How much tax money will be

generated from marijuana sold in

the City of Berkley?

 

None. According to state and federal law, marijuana is a

controlled substance that may not be lawfully possessed

or sold (subject to the narrow exception stated above for

medical marihuana). Therefore, it is not taxed.

 

4. What does the current state law

say about the use and sale of

marijuana?

 

The use and sale of marijuana in any quantity is illegal

under state and federal law, subject to the limited

exception under the Michigan Medical Marihuana Act

which allows registered patients and their primary

caregivers to possess limited amounts for medical use

only.

 

 

City of Berkley

 

November Election: Marijuana Charter Amendment

 

November 7, 2014

 

Page 2

 

5. How will state law be enforced in

the City of Berkley?

 

State law will be enforced in the same manner as previously

enforced.

 

6. If I am age 21 years and found in

possession of less than 1 ounce of

marijuana on private property,

what will happen to me?

 

If determined to be in violation of state law, you will be

subject to prosecution. The City Charter amendment only

precludes enforcement of City ordinance, but does not

affect state law or its enforcement.

 

7. How much time is needed to

formalize the Charter

amendment?

 

The charter amendment goes into effect upon the City

Clerk’s filing it with the Secretary of State and County Clerk

after the vote has been certified.

 

8. If I am 21 year old and found in

possession of less than 1 ounce of

marijuana before the charter is

amended, what will happen to

me?

 

If determined to be in violation of state law, you will be

subject to prosecution. The City Charter amendment only

precludes enforcement of City ordinance, but does not

affect state law or its enforcement.

NOTE: The spelling of marijuana or marihuana is used interchangeably.

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JBD/DSL

[jointedone]

I hope they open a farmers market in the Berkley theater. We threw a lot of popcorn down from that balcony every Saturday afternoon.