Mobile looks to loosen marijuana law within city limits

MOBILE, Ala. (WKRG) — In a push to loosen its marijuana laws, the City of Mobile confirmed its progress toward introducing an ordinance that would make “simple” marijuana possession an offense punishable by ticket.

If the ordinance is passed, Public Safety Director Robert Lasky said it would save the Mobile Police Department’s time and energy.

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“This would allow our officers to just write a citation and send them on their way,” Lasky said. “It would free up the officers time not having to arrest them, book them and take them down to jail.”

The city looked at doing something similar in 2017 but failed to get it through the city council.

Lasky said marijuana still is and will continue to be illegal even if the new ordinance is passed.

“Eventually, they’re going to have to appear before a judge and answer for the citation, just like you would a traffic ticket,” Lasky said.

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News 5 learned of the new ordinance two weeks after Mobile County Sheriff Paul Burch vowed to arrest those caught with marijuana.

“I don’t know if there’s any confusion,” Burch said. “The confusion needs to be cleared up at the fact that it’s against the law.”

Burch said the sheriff’s office “cannot enforce city ordinances.” They are bound to state law.

“Whether you get issued a citation by the city, if they pass that ordinance, or you get arrested by any other agency… you’re still committing an illegal act,” Burch said. “It’s just a different method of getting you to court.”

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Whether someone is smoking marijuana in public or in the privacy of their own home, Burch said he will clamp the cuffs if he finds probable cause.

“I don’t smoke anything and never have, and I don’t want to walk through something and have to explain to my child what that is,” Burch said.

There’s no word yet on how much marijuana would send someone to jail on the first offense, but Lasky said pot smokers will be arrested on their second offense.

Lasky estimated the ordinance to be introduced in two weeks.

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