City of Temple set to consider new marijuana ordinance – no jail time

Updated: 5/1/2017 – The Temple City Council voted on the proposed marijuana ordinance that resulted in a 2 to 2 tie. The mayor is not allowed to break a tie on ordinances. Council member Penny Ransom said she intends to revisit the issue after the June 20th special election to replace a deceased council member.  From FOX 5 News.

Temple GA: On April 3rd the City of Temple will begin the process to amend the city’s marijuana ordinance that would remove jail time and reduce the fine for one ounce or less of cannabis.

Following in the footsteps of the cities of Clarkston and Atlanta, council member Penny Ransom will present the proposed ordinance for the first reading at the next scheduled council meeting. A public hearing and a vote will come over the next four weeks.

State law allows cities to create an ordinance for one ounce or less of marijuana with up to $1000 fine and 6 months confinement. State law allows up to 12 months confinement. It does not stipulate a minimum penalty.

A hearing will be held on April 13 to allow citizens and stakeholders to provide information and ask questions.

Georgia CARE Project (Campaign for Access Reform and Education) began the City by City Initiative when they proposed an ordinance change in Athens-Clarke County in 2015.

Last July, the City of Clarkston passed a reform ordinance that removes incarceration and allows for a citation and up to a $75 fine. City officials expressed interest in reducing the harm state marijuana laws create on those caught with personal use amounts.

The key features to the ordinance is removal of an arrest record and elimination of jail time.

Georgia CARE director James Bell said the public no longer wants to incarcerate citizens for marijuana possession and cities are willing to consider a less Draconian approach to the issue.

“We are encouraged that various cities in Georgia are willing to debate the issue”, Bell said. “We hope as more cities reform their ordinances it will send a message to state legislators that Georgians no longer want to create criminals out of those who use cannabis. But, we understand there is still a desire by some to show disapproval of cannabis use.”

Georgia CARE will continue to reach out to cities and help educate councils on the reform process.

City of Temple seeks to reduce marijuana possession penalties

Temple GA: At the end of a combative three hour council meeting Thursday night, a meeting one council member publicly called “a pissing match”, council member Penny Ransom brings unite to the meeting by putting marijuana law reform on the table.

Ransom told the mayor and council she wants the city to consider replacing the current marijuana ordinance with one similar to the city of Clarkston. She suggested that meetings occur over the next several weeks to discuss the details of the ordinance and expressed her concerns that the current ordinance is to harsh at $1000 fine and 180 days in jail.

Her proposal was received with head nods and applause by some council members and citizens.

The state constitution allows cities to create an ordinance for one ounce or less, enabling the cases to be adjudicated in municipal courts. While state law for misdemeanor possession carries a penalty of up to $1000 fine and 12 months in jail or probation, cities are restricted to 180 days confinement under a city ordinance. The constitution does not set a minimum sentence a city can impose.

Clarkston made headline news last summer by enacting an ordinance that sets a $75 fine for each offense of possession of one ounce or less of cannabis, eliminating the requirement to arrest and incarcerate the suspect.

Temple is one of the cities being targeted by the “City by City Initiative” established by the Georgia CARE Project in an effort to reduce the harm marijuana laws create.

James Bell, director of Georgia CARE , said cities that enact reform legislation are mirroring public opinion that people should not be treated as criminals for possession of small amounts.

No criminal record would be generated under this ordinance.

“Cities can handle these cases without criminalizing its citizens and visitors to their city”, said Bell. “A person would receive a citation and agree to appear in court or pay the set fine without being arrested, booked, photographed and finger printed like a criminal.”

Bell points out the proposed ordinance would not effect the ability of police to arrest for intent to distribute or driving under the influence. State law would be used in these cases.

We will update this report as the process moves forward.