Kennesaw to study reworking misdemeanor cannibas ordinance

a cannabis plant

By Ana Markosi


The Kennesaw City Council voted to draft a proposed ordinance that would reduce the penalty for misdemeanor cannabis possession at the council meeting on July 7. Mayor Derek Easterling emphasized that the vote was to approve the crafting of a new proposed ordinance, not to make immediate changes to the existing ordinance.

The current penalty for possession of less than one ounce of marijuana without the intent to distribute is a misdemeanor. Charges may include up to one year of prison time and a $1,000 fine. Several Kennesaw residents on both sides of the issue expressed their concern to the council, asking for reduced fines and cessation of jail time for those in possession of cannabis.


“Alcohol consumption costs the U.S. around $249 billion annually in lost productivity, healthcare expenses and law enforcement costs,” resident Mary Miller said, citing a 2024 report from The National Institute on Alcohol Abuse and Alcoholism. “In contrast, the costs associated with cannabis use are far lower, yet it is still disproportionately penalized. We do not jail people for having a beer, nor should we for possessing cannabis.”


Miller also urged the council to consider the issue of the mass incarceration of people of color.


She cited a study from the American Journal of Public Health that found that while Black and white people use cannabis at the same rate, Black people are arrested for it 3.73 times more often than white people.


On the opposing side, resident Carlene Fregal expressed concern that the use of cannabis is a public health issue that should not be underestimated.


“They’re finding out that it is contributing to heart attacks and strokes,” Fregal said. “So, all this stuff about, ‘oh it’s fine, it’s okay,’ I totally disagree with that.”


Council member Anthony Gutierrez, who argued in favor of reduced penalties at the Council’s work meeting a week prior, addressed the council by citing a quote from the prohibition of alcohol.


“‘ Saloon business is a class by itself because it’s disruptive to the individual, the family and nation,'” Gutierrez said. “It’s the exact same argument, just a different bogeyman.”
The council voted to draft a proposed ordinance amending Sections 38 through 46 of the Kennesaw Code of Ordinances. If processed, the ordinance will reduce the misdemeanor punishment for possession of cannabis less than one ounce to a fine no more than $500, replace a fine with mandated community service, or both. The ordinance will include a footnote that indicates no jail time for those prosecuted.

Ana Markosi is a writer and editor based in Marietta. She earned a degree in Journalism from Kennesaw State University. In her free time, you can find her reading historical fiction, watching thrillers and enjoying north Georgia’s mountains.

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