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April 21 - 27, 2016 » Page 10A
Clarkston proposes marijuana decriminalization
by R. Scott Belzer
sbelzer@dekalbchamp.com
Clarkston Mayor Ted Terry
told media outlets the city’s public
safety committee will review
making misdemeanor marijuana
possession of less than one ounce
a ticket-only offense. If successful,
Clarkston will be the first city in
Georgia to do so.
“This is an idea sponsored by
all of the public safety committee
members,” Terry told The Champion
on April 8. “It was introduced in a
resolution to study the issue at the
[February] council meeting.”
According to public record of
that meeting, the resolution was
one of 15 items discussed in a
regularly scheduled city council
work session. Councilmen Dean
Moore and Mario Williams,
who make up the public safety
committee with Terry, were the
principal sponsors behind the
resolution.
Currently, possession of less
than an ounce of marijuana is a
misdemeanor crime in the state of
Georgia. According to the Georgia
Code, an offender has the option of
arguing for a conditional discharge
or diversion, meaning a judge can
Clarkston Mayor Ted Terry. File Photo
refer the offender to probation and
clear the marijuana charge from his
or her record.
If a conditional discharge
is not granted, the charge can
land an offender in jail for up to a
year, a $1,000 fine or both. The
drug charge will also stay on the
offender’s record.
At the February council
meeting, Moore stated the unfair
application of these punishments
warranted the resolution. The
councilman also said Clarkston
seeks to eliminate marginalization
and unfair arrest records from
residents.
“We’d like to look at the
circumstances and potential of
reducing the penalty in Clarkston,”
Moore said at the meeting. “We’d
like to help with employment issues
surrounding political laws.”
The item was condensed
and added as a block item to the
council’s formal meeting held
later on in the meeting. It faced
no further public discussion from
councilmen or the public.
Terry said the public safety
committee’s meeting specifically
regarding the issue has a tentative
date of April 22. The mayor said he
expects it to be a lengthy affair.
“The committee will bring in
expert witnesses to speak on the
issue,” Terry said. “The meeting
could last over two hours. If the
committee has as favorable opinion
then it could be voted on as early
as the May council meeting.”
The Clarkston mayor said
most local residents have been
“fully supportive” of the measure
while others are requesting more
information. City manager Keith
Barker said there has not been
enough time to gauge a reaction
from city employees such as police.
“This issue has just been
referred to the public safety
committee for review and
discussion,” Barker said. “There
is currently no policy or ordinance
change for staff to react to.
Generally, speaking, as staff, we
take our policy direction from the
governing body; we will enforce the
ordinances as they appear on the
books.”
Terry said Clarkston will argue
the ordinance on the grounds of
concurrent jurisdiction. According
to georgiacourts.org, municipalities
such as Clarkston use concurrent
jurisdiction to enforce violations
such as ordinance violations,
shoplifting cases and misdemeanor
marijuana possession. Other
functions such as the issuance of
criminal warrants and conducting of
preliminary hearings also fall under
the term’s umbrella.
However, Chuck Spahos,
executive director of the
Prosecuting Attorney’s Council of
Georgia, recently told the Atlanta
Journal-Constitution that state
law will always outweigh city-level
ordinances.
“The only thing I can say about
that is no municipal government
has the authority to decriminalize
anything that the Georgia General
Assembly and federal government
still say is a crime,” Spahos said.
“State law and federal law will still
apply to the citizens within the
municipality.”
District attorney candidates
discuss integrity during debate
by Andrew Cauthen
andrew@dekalbchamp.com
I ntegrity was one of the
issues discussed April 12
when the two candidates for
district attorney faced each
other during a debate.
Solicitor-General Sherry
Boston, who is challenging
District Attorney Robert
James, said that “in DeKalb
County there is a great concern
that we have a district attorney
who breaks the law.
“We have a district attorney
who has admitted to violating
the law,” Boston said. “And
when that happens that drives
the entire system down and
it makes people question...
‘Is that system fair and do we
have a DA that is going to
prosecute others where he has
failed himself?”’
James welcomed the
opportunity to respond to the
“allegations which were true
that I didn’t file my election
paperwork on time.”
James said that he didn’t
raise money for four years as
district attorney.
“And even if you don’t
raise money, the state says
you’re supposed to go [online]
and press a button to [say
the fundraising is] zero every
year,” James said. “I didn’t do
it and like hundreds of other
politicians around Georgia—
like judges and even one
governor we have had—[we]
had to pay an administrative
fine.”
James said that it was
irresponsible to allege that he
committed a crime because of
that.
Boston and James
participated in a candidates’
forum for contested judicial
offices. With more than 150
people in attendance, the
forum held at Agnes Scott
College was sponsored by the
League of Women Voters of
Atlanta-Fulton County.
In addition to the
district attorney candidates,
candidates for State Court,
Superior Court, solicitor
general and district attorney
faced each other in the forum.
Boston said the county’s
district attorney must “operate
See DA on Page 11A
040-385662 4/21, 5/5, 5/12, 5/19
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