Miami Beach Weed Petition Illegal: Attorney

The city attorney doesn't think a proposal decriminalizing marijuana will ever get to voters

A movement to decriminalize some marijuana charges in Miami Beach may go up in smoke before it ever gets to voters.

City Attorney Jose Smith sent a memo to city commissioners Thursday that stated he felt the proposal would not survive any legal challenge because it conflicts with state law.

“The proposed charter amendment would likely be found to be unlawful" because of state laws governing drug arrests, the memo stated.

Last month, the Committee for Sensible Marijuana Policy was prepared to submit more than 9,000 signatures to the City Clerk's Office to force the amendment on the ballot but backed off after commissioners said they might be willing to discuss the issue without having to pay for a special election.

The petition asked for pot reform and wants to decriminalize the adult possession of less than 20 grams of marijuana. Currently, anyone caught with a small amount of marijuana is arrested and charged with a misdemeanor and face a year in jail.

"It's not legalizing. We just want a smaller punishment," said Ford Banister, chairman of CSMP. "Absolutely this should go before the voters."

City Commissioner Michael Gongora said he would prefer the voters to decide the issue but wants to make sure the city doesn't get caught up in a legal catch 22.

"I am always in favor of putting social issues like this in the public forum, but I fear we would waste time and money if at the end of the day it's not legal anyway," he said. "I'm not sure where we go from here."

Banister and Gongora are expected to meet next week on the issue.

Banister said if the city decides to side with Smith, they will submit the signatures his group has collected.

If the signatures were verified, the charter amendment would go to a vote. But before that happens, Smith would give his recommendation to the city commission on if he felt it was legally allowed.

"They are trying to avoid a substantive debate," Banister said. "They are running scared."

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