Kalamazoo Charter Amendment Petition Language for:

SECTION 198 "LAW ENFORCEMENT PRIORITIES"

Definitions

a. “Adult” means an individual who is 21 years of age or older.

b. “City of Kalamazoo Law enforcement officer” means a member of the City of Kalamazoo Police Department or any other city agency or department that engages in law enforcement activity.

c. “Lowest law enforcement priority policy” means a priority such that all customary law enforcement activities related to marijuana offenses where 1 ounce or less of usable marijuana was either possessed or consumed by adults, shall be a lower priority than all other customary law enforcement activities not relating to marijuana offenses where 1 ounce or less of usable marijuana was either possessed or consumed by adults

d. "Marijuana" means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106. [this is how the MMM Act defines the term]

e. "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. [this is how the MMM Act defines the term]

f. “Customary law enforcement activities” means investigation, citation, arrest, seizure of property, or providing assistance to the prosecution of marijuana offenses.

Lowest Law Enforcement Priority Policy

a. City of Kalamazoo law enforcement officers shall make customary law enforcement activity relating to the adult personal possession and/or use of 1 ounce or less of usable marijuana, their lowest law enforcement priority policy.

b. This lowest law enforcement priority policy shall not apply to the consumption of marijuana on public property or operating a motor vehicle while under the influence of or impaired by marijuana.

c. This lowest law enforcement priority policy shall apply to the cooperation by city law enforcement officers with county, state or federal agents or employees to arrest, cite, investigate, prosecute, or seize property from adults for marijuana offenses included within the lowest law enforcement priority policy.

d. The City of Kalamazoo Police Department shall file with the City Manager by June 1 of each year a written report containing the number of adults cited and/or arrested for personal possession and/or use of marijuana offenses by City of Kalamazoo law enforcement officers during the previous calendar year.

e. This report shall be a public record.