By Rebecca Gaunt

In a 3-2 vote Monday, the Kennesaw City Council approved a motion to explore reducing penalties for misdemeanor possession of cannabis in the city ordinance.

In Georgia, possession of up to 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.

Tracey Viars and Pat Ferris voted against the motion. Madelyn Orochena and Antonio Jones joined Anthony Gutierrez, who brought the matter to the Council for discussion, in support.

Mayor Derek Easterling clarified that the vote was only to approve creating a draft amending Kennesaw Code of Ordinances Section 38-46, “specifically, a portion of the Kennesaw Bond Schedule to reduce the misdemeanor punishment for possession of cannabis less than one ounce to a fine not to exceed $500, or community service, or both, and the inclusion of a footnote indicating no jail time.”

“It’s a vote to see whether or not to pursue this,” Easterling said.

A completed draft will have to return to the City Council for a vote before any changes to the law would take effect.

Easterling has been clear since the initial discussion that he is opposed to changing the law.

Gutierrez first brought the matter up for discussion in June. 

Read more: Kennesaw officials at odds over ‘decriminalizing’ cannabis – Cobb Courier

Viars asked for clarification regarding state law vs. city law.

“My understanding is that no matter what we make it, a judge can still go with state law,” she said.

City attorney Sam Hensley said he would have to examine the issue of enforceability. He also told the Council that for the last six years, Kennesaw’s Municipal Court has not prosecuted any misdemeanor possession cases.

“One of the big reasons is the GBI will not process those samples, those amounts of marijuana that are less than an ounce that are sent to them for analysis, so we have no way to build a case even if we wanted to,” he said.

He couldn’t guarantee that would always be the case.

Prior to the city ceasing to prosecute such offenses, first time offenders had the option of completing a pretrial diversion course.

Gutierrez pushed back on concerns about public use and DUI by reading from city ordinances outlawing both.

“That is the deterrent,” he said.

Ferris called the conversation “irritating and educational” and accused Gutierrez of “political theater presented to try and pick up five or 10 votes.”

“I think we’re into a just meaningless, circular argument…state law is going to prevail whatever we do,” he said.

Four citizens spoke about the proposed change prior to the vote during public comment. Mary Miller urged the Council to update the law “based on evidence, fairness, and public health, not outdated and incorrect beliefs.”

John Little called it a solution looking for a problem and said the city should stick with following state law.

“Do we really want the publicity and hassle with changing that?” he asked.

Carlene Fregeolle also opposed the proposed change citing a recent report on Fox News and her experience with addiction in her family.

“You will see repercussions because people then think, oh, city of Kennesaw, they’re just liberal. You can go there. You can do this. Anyway, isn’t going to work for me,” she said.

Former city council candidate Jon Bothers also spoke in support of revising the law to do away with any jail time.

Downtown development

Lazy Guy Distillery is moving out of its historic home on Moon Station Road pending  construction of a 7,000-square-foot distillery and restaurant on 0.6 acres at 2690 Keene St. 

The central business district (CBD) project was already approved by the Kennesaw Downtown Development Authority and with conditions from the Historic Preservation Committee. The site is not actually in the historic district, but is surrounded by it, according to zoning manager Darryl Simmons.

Council member Viars recused herself from the discussion and vote due to her involvement in the business.

Owner Mark Allen presented the details of the project to the Council, which included the new addition of a food menu and a grain silo that serves solely as an architectural detail.

“It’s completely empty. There’s no noise, smoke, or anything,” he said.

The plan was approved 4-0.

Another CBD project that has been years in the making also took steps forward with 5-0 approval

Business owner Dale Hughes submitted plans for a Reformation Brewery and public plaza at 2681 N. Main St. and 2871 N. Main St. The sites are the former Whistlestop Cafe and an empty lot.

Plans include an outdoor bar area, a viewable production facility, and a small stage.