Muskegon to dismiss marijuana possession cases that comply with Prop 1

Posted at 3:22 PM, Nov 14, 2018
and last updated 2018-11-14 22:20:10-05

MUSKEGON, Mich. - The Muskegon County Prosecutor's Office announced they will be dismissing all current marijuana cases that comply with the requirements of Proposal 1, which legalized recreational use last week.

Proposal 1 was passed by voters on election day legalizing the recreational use of marijuana statewide for people over the age of 21.

“We’re listening to the voters. The voters have spoken," Muskegon County Prosecutor DJ Hilson tells FOX 17. Y"ou know, I may not necessarily agree with the results but certainly I understand the concept and the reasoning behind it."

Chief Assistant Prosecutor Tim Maat says their office is making the policy changes due to the passage of Proposal 1.

All pending marijuana cases that comply with Proposal 1 are being dismissed. Pending cases that don't comply with Proposal 1 will be reduced to penalties as set forth in Proposal 1, so no one would be incarcerated for offenses that will be civil infractions when Proposal 1 takes effect.

Maat also says that past convictions for marijuana possession will be considered for expungement or dismissal.

“Certainly if somebody contacts our office and says, ‘Hey look, I’m back in whatever, I had this possession of marijuana conviction. Would you guys take a look at it?’ We’ll pull that file and we’ll take a look at it," says Hilson.

Kent County made a similar decision last week.

The prosecutor says they will still aggressively prosecute anyone selling or distributing marijuana to children.

“I think the black market’s still gonna be an issue and we’re gonna have to deal with that," says Hilson.

The prosecutor is also reminding everyone that Proposal 1 doesn't change the law regarding possession of recreational marijuana until 10 days after the election results are certified.