Kent County Circuit Judge Paul Sullivan has dismissed Prosecuting Attorney William Forsyth's complaint against Grand Rapids voters' decision to decriminalize the possession and use of small amounts of marijuana.
The city charter amendment passed with 58.5% support in November 2012, and was to be implemented the following month. A temporary restraining order stopped that from happening, though, but that got lifted in January when Judge Sullivan dismissed Forsyth's request for a preliminary injunction. Forsyth argued the amendment broke state law.
Still, the measure making marijuana possession a civil infraction didn't get implemented until May 1, and that was by an executive order from the City Manager.
Judge Sullivan wrote in his opinion that Forsyth failed to show any violation of state law. The judge also noted that the charter amendment directs only the GRPD and City Attorney to treat cases subject to it as civil matters. Other law enforcement entities with jurisdiction in Grand Rapids are free to investigate and prosecute marijuana-related offenses in the city.
Read the opinion here.