By Rebecca Gaunt

At Tuesday’s work session, Kennesaw Councilman Anthony Gutierrez called for the city to reduce penalties for recreational cannabis use, a proposal that launched a lengthy discussion rife with disagreement, from Mayor Derek Easterling in particular.

In Georgia, possession of less than one ounce without the intent to distribute is a misdemeanor. Charges can result in up to a year in prison and a $1,000 fine.

Gutierrez recommended the $35 minimum fine allowed by state law and an option of community service in place of jail time.

He defined the proposed change as a “harm-reduction ordinance…that aims to reduce negative consequences associated with drug use in an effort to create a safer and equal environment.”

Gutierrez stressed that he was pushing for decriminalization, not legalization, though later in the discussion, Kennesaw Police Chief Bill Westenberger clarified that the proposal would not technically qualify as decriminalization since there would still be penalties, even if reduced.

Councilwoman Madelyn Orochena voiced support for a reduction in fines and listed several infractions that carry lesser penalties in the city, including supplying alcohol to a minor and hit-and-run.

Councilman Pat Ferris asked why Gutierrez was bringing it up and whether he knew someone who had recently been arrested.

Ferris continued, “This is going to end up being political. You know that, I know that, everybody sitting here knows that. And this close to the election this fall.”

Council members Gutierrez, Ferris, and Antonio Jones are all up for reelection in November.

Easterling chimed in to agree with Ferris regarding his concerns about impaired driving.

“That’s a completely different beast. Possession and driving under the influence are two separate conversations,” Gutierrez responded.

Gutierrez indicated he was flexible on fines, but not incarceration, which he was adamant be taken off the table.

Westenberger confirmed he hadn’t handled a misdemeanor possession case in the last two years, but he was worried about the slippery slope of lesser punishment and impaired driving.  

While Councilwoman Tracey Viars objected to such a low fine, she did say that a year in jail seemed excessive. Jones didn’t view it as an issue since the Kennesaw police hadn’t issued any citations recently, but wasn’t opposed to changes.

The mayor, however, was unwavering that he didn’t want to deviate from the state maximums. He also took the opportunity to warn city employees about the consequences of marijuana use.

“If you’re an employee of our city and you want to have that one night where you go out and you happen to do a drug test and it comes back positive, you’re out. That’s the choice that you have,” he said.

Gutierrez told the mayor he intends to bring the matter back for discussion after some additional research.

Gutierrez, the youngest council member, is also the most recent to join the council. He was elected in the 2024 special election to replace Trey Sinclair.

View the discussion in full on the city’s website: City Council Work Session Meeting •     Agendas & Minutes • CivicClerk