Prosecutor's Aide Doubts Validity Of New City Pot Law

Ann Arbor's new marijuana ordinance which sets a $5 fine for possession, use or sale of the drug would probably be overturned if it were challenged in the courts. That's the opinion of Chief Assistant Prosecutor Casper H. Kast, one of several law enforcement officials asked about the new law which was passed at last night's City Council meeting. "The law will not affect the operation of this office anyway as we operate under state statute," Kast, a former FBI agent, said. "But city ordinances cannot preempt state law. I feel if this were appealed, it probably would not be upheld." Police Chief Walter E. Krasny said he has not yet seen the ordinance but intends to confer with City Attorney Jerold Lax on the new law. "There's a 10-day period before it goes into effect and there will be extensive research done in several departments during that time," Krasny said. Policemen, of course, have nothing to do with the penalty phase of a law and if this ordinance is enforceable, we'll enforce it." Krasny said his department has made one marijuana arrest under the present city ordinance in the past eight weeks. That ordinance made marijuana possession or use a misdemeanor and was passed before the new state law took effect April 1. The state statute also makes possession a misdemeanor. Previously under state law, possession was a felony, a more serious type of violation. The chief said the marked decrease in marijuana arrests here possibly is connected with a concentration by a special narcotics squad on "hard" drugs. Undersheriff Harold Owings Jr. called the new ordinance "another politician's step in a liberal direction I don't like. "It, of course, does not affect our department," Owings said. "If we make a marijuana arrest in Ann Arbor it will go under the state law anyway. But I think it's a very ill-advised ordinance." Owings says the Sheriff' s Department has made about three marijuana possession arrests in recent months. He agreed with Chief Krasny that a concentration on "hard" drug arrests has diminished the marijuana apprehensions. Ypsilanti Post state police made nine arrests for possession of marijuana under state law during the month of April, and Lt. Fay A. Johnson, post commander, says Ann Arbor's new ordinance won't affect state police operations. "If a drug investigation happens to lead to Ann Arbor," says Johnson, "we'll go in there and make an arrest under state law. We'll continue to enforce the state law." Johnson noted there is a popular misconception that the state police organization is merely a highway patrol and won't go into cities. State police, he said, have the authority to conduct a drug raid inside a city, though they will generally do it in cooperation with local police. Ypsilanti Police Chief Herb Smith said simply: "That's Ann Arbor's problem. I've got enough problems in Ypsilanti without worrying about Ann Arbor's problems."