City Still Shows Greater Pot Leniency

Despite the Legislature's action yesterday to lower the penalty for violation of Michigan's marijuana laws, it still appears the ordinance Ann Arbor City Council passed earlier this year is more lenient. City Attorney Jerald Lax said today from what he has heard of the new state law it is "somewhat more strict than the city ordinance, but not nearly as strict as the old state law." The new state law, if signed by Gov. Milliken, would allow judges to impose a maximum penalty of 90 days in jail and-or $100 fine for use of pot. Under Ann Arbor ordinance, use of marijuana is punishable by a maximum penalty of 90 days in jail and-or $100 fine for first-time offenders, or by 90 days in jail and-or $500 fine for repeated offenders. The Legislature, like City Council, also distinguished somewhat between possession of marijuana for individual use and for commercial use. Under the new state measure, possession of less than two ounces of marijuana would be punishable by a maximum sentence of one year in jail and-or $1,000 fine. Under the city ordinance this is punishable by a maximum sentence of 90 days in jail and-or $100 fine. Possession of more than two ounces of marijuana would be evidence of intent to sell or deliver to another person, according to the new state law. And it would be punishable by a maximum of four years in jail and-or $2,000 fine. Ann Arbor's ordinance sets a maximum penalty at 90 days in jail and-or $500 fine for possession for commercial use. The effect of the new law, if signed by the governor, remains to be seen, Lax said. He added that currently both the present, stricter Michigan law is used in marijuana arrests by city officers as well as the city ordinance.