KENNESAW, Ga. — Kennesaw City Council members discussed reducing the punishments for cannabis possession to possible community service and a small fine.
The cannabis decriminalization discussion was prompted by Councilmember Anthony Gutierrez. He said Georgia as a state was behind the times when it comes to legalization, and Kennesaw should take steps to modernize the approach to how it handles cannabis in the city.
If the council drafts legislation based on the talks and passes it, the decriminalization effort would reduce fines from up to $1,000 and a one-year sentence to $35 and/or community service for someone with less than an ounce of cannabis.
The version initially proposed would have also reduced the misdemeanor charge.
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During the discussion Tuesday, Gutierrez said decriminalization was needed in relation to the “importance of passing a harm reduction ordinance,” particularly concerning drug use and improving safety in the city.
He was specific that it was not an effort to outright legalize marijuana and cannabis in Kennesaw, but that they had the ability to modify rules to lower punishments.
Gutierrez said other municipalities have passed their own guidelines in Georgia, including Atlanta, Athens, South Fulton and others, and he was interested in Kennesaw following the trend.
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During the nearly hour and a half meeting of the council work session, discussion of cannabis decriminalization took up roughly 50 minutes.
Gutierrez said decriminalization would be a way for Kennesaw to “step forward.”
Other members of council agreed the monetary fine of up to $1,000 was high and had questions about how fines and fees for other misdemeanors compared, including giving alcohol to minors and street racing, among others.
Councilmember Madelyn Orochena noted that fines for those other charges were “much less” than the one for simple possession of less than an ounce of cannabis or marijuana, without intent to distribute.
Councilmember Pat Ferris asked Gutierrez why he brought up the issue, saying it was inherently political especially “this close to an election this fall.”
Ferris noted that regardless of the monetary fine, even a $35 fine would mean you would have a criminal record for misdemeanor possession, so it “was still a criminal charge.”
Gutierrez said his focus was solely on possession, versus driving under the influence, which he was not open to reducing penalties for.
The city council did not come to a consensus on how to move forward, instead moving to open the topic for further discussion at a later date.
Gutierrez said he would withdraw the motion for now, with plans to bring it forward again later with more details and specifics in the language.
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