AB 164

Under current law, a city, village, or town (local governmental unit) or a county

may enact and enforce an ordinance prohibiting the possession of 25 grams or less

of marijuana or the possession of a synthetic cannabinoid. A person who is charged

with possession of more than 25 grams of marijuana or who is charged with

possession of any amount of marijuana or a synthetic cannabinoid following a

conviction for the possession of a controlled substance generally may not be

prosecuted under the ordinance.

This bill allows a local governmental unit or a county to enact and enforce an

ordinance to prohibit the possession of any amount of marijuana and to prosecute a

person for a second or subsequent offense of possessing marijuana or a synthetic

cannabinoid. The local governmental unit, however, may enforce the prohibition

against possessing marijuana in a case in which the person is alleged to possess more

than 25 grams of marijuana or may prosecute a second or subsequent offense only

if the state complaint against the person is dismissed or if the district attorney

declines to prosecute the case. In turn, a county may enforce the prohibition against

possessing marijuana in a case in which the person is alleged to possess more than

25 grams of marijuana or may prosecute a second or subsequent offense only if, after

the state dismisses the complaint or declines to prosecute the case, the local

governmental unit with jurisdiction also dismisses the complaint, declines to

prosecute the case, or lacks an ordinance under which the complaint could be

prosecuted.