Detroit kept a low profile on their recent marijuana referendum that passed last week. It allows adults to possess up to an ounce of Marijuana. While this was not a Statewide mandate like Colorado or Washington had last week, it clearly shows the continuing trend to legalize marijuana. Proponents of the law and marijuana users are gaining momentum,but the legal land mines are still present.
The new City Ordinance requires that the amount of marijuana be less than one ounce and be possessed on private property by an adult 21years or older. However the public must be aware that the ordinance does not prevent state or federal charges from being brought against individuals who possess marijuana.
The newly passed ordinance gives a false sense of security to marijuana users in the City of Detroit, and it does not exempt someone from being charged with delivery of marijuana. This begs the question, "How do people get the marijuana in the first place? Someone has to deliver it to the customers. Also does the term "private property" mean one's own home? Or does it mean any place that is not open to the public?
From a criminal attorney's perspective, this recent referendum is filled with problems that should have been addressed before it was placed on the ballot. As it stands now, there are serious issues with the ordinance that will have to be figured out by the courts on a case by case basis.
My advice is to be careful if you decide to be one of the first people to test out the city ordinance.