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Kennesaw council debates reducing misdemeanor marijuana penalties; agrees to place ordinance change on future agenda
Summary
Councilmembers debated a proposal to reduce the possible penalty for misdemeanor marijuana possession from the state maximum (up to 12 months and a fine) to a local penalty of up to $500 or community service. Legal staff said the city has not prosecuted such cases since about 2019–2020 because the state lab has not processed samples; council agreed to place a change on a future agenda for public hearing and vote.
Councilmember Anthony reopened a proposal at the June 30 work session to reduce the local penalty for misdemeanor marijuana possession. Anthony said he sought compromise wording changing the possibility of up to 12 months in jail and a fine up to $1,000 to a local penalty of a fine not exceeding $500 or community service or both.
The presiding officer and other councilmembers expressed reluctance to diverge from state statutory maximums and signaled concern about making the city “one of the 15” that imposes different local penalties. Councilmember Pat objected to removing local enforcement tools for public spaces and parks, saying the city should retain local options to address public use at city parks and listing several parks where citizens have complained about on-site smoking.
Assistant Solicitor (speaker identified in session) described the city’s diversion practice: diversion programs are available for first-time offenders, typically involve a roughly $400 fee, 24 hours of community service and substance-evaluation requirements, must be completed within six months, and, if completed successfully, the city dismisses the case and the individual may seek expungement of the arrest record.
The city’s legal adviser told the council that Kennesaw has not prosecuted misdemeanor marijuana possession cases since about 2019–2020 because the Georgia Bureau of Investigation lab has not been processing samples, making it difficult to build cases. Police chief confirmed officers routinely seize amounts under an ounce and take them to be destroyed; staff said as a practical matter these cases have not been billed or prosecuted recently.
After extended discussion about the options of passing a council resolution expressing policy versus changing the ordinance language (which would require public hearings and legal conformity with state maximums), council agreed to place the proposed ordinance amendment on a future agenda for public hearing and a formal vote. The presiding officer noted that changing an ordinance will require the statutory public-notice advertisements and related costs.
