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Record of Proceedings

Huntsville City Council Work Session - July 25, 2023: Discussion on Marijuana Misdemeanor Citations

City CouncilTuesday, July 25, 2023
BodyHuntsville, Alabama
SessionCity Council
DateTuesday, July 25, 2023
StatusFILED
Video Record

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Transcript — Verbatim
0:00

Sorry.

0:07

Okay, thank you, sir.

0:08

Is there anyone else to comment?

0:26

My name is Lonnie Stanford.

0:28

My resident is 2396 Zerk Road.

0:32

I'm the very last house prior to getting to the uh the lot there.

0:38

This came up for a discussion as my neighbor stated about a couple months ago to remain as a residential.

0:47

Uh voted that it will remain as a residential.

0:51

Uh like my neighbor, I am surprised that uh that this was come up again.

0:59

I always thought that you vote on something, you're worried that's your bum.

1:04

That's what I've always lived by those principles.

1:07

However, I'm gonna add a little sh uh couple of little nuggets.

1:13

Now I was approached by three individuals that said that basically told me that this was gonna come up again.

1:23

Sure enough, we're here today.

1:26

Now, what that tells me, what that tells me that uh that they're looking for a favorable outcome.

1:39

So those saying that the grease the skid skid must be in Greece uh to get uh a different results.

1:48

And I'm not gonna regress based on what we discussed uh a couple months ago.

1:53

I'm not going in social intelligence.

1:55

However, uh that does you know, when that was that property was acquired, they knew that was a residential.

2:06

They knew that.

2:09

And instead of reaching out to the neighbors in the area, uh to kind of like get our feeling to see if we had anything to input on changing it.

2:26

We're not anti-business.

2:28

Uh we just uh you know that's our home, and it's been mine for the last 18 years.

2:38

Uh you know, if you talk about progress, I I've been there like as I stated for 18 years.

2:45

I still don't have sewer.

2:48

Sewage system.

2:49

I'm on septic.

2:51

I've reached out many and uh multiple times to try to uh see what can be done to uh mediate that.

3:01

Now I'm paying welcome.

3:47

It is three o'clock on Tuesday, July twenty-fifth, twenty twenty-three, and we are meeting in the city council chambers in Huntsville, Alabama.

3:58

Um this uh work session of the city council will be called to order, and all members are in attendance.

4:05

Uh today our focus will be on an effort to enable Huntsville police to issue a citation for misdemeanor possession of marijuana as opposed to taking the individual into custody.

4:23

Mr.

4:24

Keith, would you like to kick us off?

4:26

Yes, and as I understand the um discussion one, I want to say hello to everybody.

4:31

Thank you for the time.

4:32

Um this has been a long road.

4:34

It feels like many moons ago.

4:36

Um back when Trey had black hair.

4:38

We started this conversation about what misdemeanor um arrests would look like.

4:42

Citations, how these are handled, uh many of the conversations around this.

4:46

I've had conversations with our uh current president about the uh more efficient ways to encourage use of force in our police department and some of the successful ways we've seen around in other cities as well as we've seen around the state.

5:00

This is born out of conversation during the pandemic times of the use of citations and its effectiveness for the police department.

5:07

So as it is stated today, it does not this does not directly correlate, and I think what we will hear from our two great lawyers is an update of what the effects of the decision that was made down in Montgomery and where that leaves the city of Huntsville.

5:19

So if possible, uh Mr.

5:20

President, I'd like to hand the floor over to our attorney.

5:23

Absolutely, Mr.

5:24

Riley.

5:26

I want to relieve everybody because you get to hear from me every two weeks and for a long time every time anybody gives me the microphone.

5:35

So the good news is you won't have to listen to me talk today.

5:39

I've asked David Canut, who has uh spoken on this subject uh a number of times here before the council uh to come and share his uh unique ability to distill complicated situations and uh to explain to us the current status, basically what had happened that caused us to have our situation or our discussions before, what has occurred in the legislature in this last session to change that and where we stand right now.

6:10

So he'll give us that.

6:12

We have prepared uh some important documents, so a little stack of those is about four, uh and they're just uh important things that you can refer to uh uh later on if you have questions.

6:25

They're a uh copy of our applicable ordinance that we have had in effect since 1993, and which the uh impact of uh has waxed and waned a bit with the efforts of the legislature from time to time.

6:42

But we'll talk about that and the current status.

6:45

Uh we also have uh uh uh a copy of the statute upon which our ordinance is based, which is the somewhat off change section 1145 9.1.

7:00

So we have it in the form that it took after August of 21 when our legislature uh sent us into a little bit of a tailspin with their actions.

7:10

Then we'll have a copy of the resolution that this council passed uh in response to that.

7:17

And then finally, we'll have a copy of the recent legislation that is passed.

7:22

This is the enrolled version.

Discussion Breakdown — Share of Meeting
Cannabis Regulation█████████████████████████████████████████████48%
Legal Considerations██████████████████19%
Public Safety███████████████16%
Governance Structure█████████10%
Zoning And Land Use███████7%
Summary of Proceedings

Huntsville City Council Work Session - July 25, 2023: Discussion on Marijuana Misdemeanor Citations

The Huntsville City Council held a work session on July 25, 2023, at 3:00 PM in the city council chambers. The primary focus was a legal update on enabling police to issue citations for misdemeanor possession of marijuana and other minor offenses, including a discussion on the need for a local act from the state legislature. The meeting also included a public comment on a separate zoning matter.

Public Comments & Testimony

  • Lonnie Stanford, resident of 2396 Zerk Road, expressed surprise that a previous council decision to keep a property residential was being reconsidered. He stated he was approached by three individuals who predicted this re-consideration, implying a desire for a different outcome. He emphasized he is not anti-business but wants his home respected, noting he has lived there for 18 years and still lacks sewer service.

Discussion Items

  • Legal Background on Citation in Lieu of Arrest: City Attorney David Canut explained the history of the city's 1993 ordinance allowing citations for Class C misdemeanors, except for violent conduct, traffic offenses, and alcohol/drug offenses. In 2021, the state legislature broadened the law to allow citations for alcohol and drugs, but added a subsection (J) that prohibited cities with a full-time municipal judge from using any citation procedure. This caused Huntsville to have to arrest for all minor offenses.
  • 2023 Legislative Change: The legislature removed subsection J in June 2023, restoring the city's ability to issue citations for most misdemeanors. However, for alcohol and drug offenses, the new law requires a city to obtain a local act from the legislature before it can allow citations. Huntsville's current ordinance still excludes alcohol and drugs.
  • Councilmember Keith clarified that any ordinance would use "may" (discretion) rather than "shall" (mandate), preserving officer discretion. He noted the governor’s past support for citations during the pandemic and the potential for de-escalation, especially for college students.
  • Councilmember Little asked about the amount of marijuana that qualifies as a misdemeanor: personal use (second-degree possession, a misdemeanor). He also inquired about the number of arrests for such offenses; Chief Giles did not have the data at hand.
  • Chief of Police Giles stated that a new program implemented in April 2023 has reduced booking time to as little as 15 minutes, but a citation still saves the time of transporting an individual to the jail. He expressed concern about verifying prior convictions (which would elevate the charge to a felony) and the inability to fingerprint with a citation. He emphasized that each case is different and discretion is key.
  • Councilmember Robinson asked about the process: the council would need to pass a resolution requesting a local act from the legislative delegation (covering Madison, Morgan, and Limestone counties). The local act would authorize the city to then pass an ordinance allowing citations for alcohol and drugs. The effective date would be after the next legislative session (2024) and after the ordinance is adopted.
  • City Attorney Riley explained that the local act process requires near-unanimity from the council and cooperation from the local delegation. He noted that the 2023 change was a statewide amendment, but the legislature specifically required a local act for cities that had not already allowed such citations.

Key Outcomes

  • No vote was taken; the work session was informational.
  • The council discussed the need to draft a unified resolution requesting a local act from the legislature to allow citations for alcohol and drug offenses. The resolution would specify the scope of the request.
  • The timeline for implementation would be at least a year, pending the 2024 legislative session and subsequent council action.
  • Councilmember Keith thanked David Canut for his work in uncovering the legal issues and engaging with the legislature.

Meeting Transcript

Sorry. Okay, thank you, sir. Is there anyone else to comment? My name is Lonnie Stanford. My resident is 2396 Zerk Road. I'm the very last house prior to getting to the uh the lot there. This came up for a discussion as my neighbor stated about a couple months ago to remain as a residential. Uh voted that it will remain as a residential. Uh like my neighbor, I am surprised that uh that this was come up again. I always thought that you vote on something, you're worried that's your bum. That's what I've always lived by those principles. However, I'm gonna add a little sh uh couple of little nuggets. Now I was approached by three individuals that said that basically told me that this was gonna come up again. Sure enough, we're here today. Now, what that tells me, what that tells me that uh that they're looking for a favorable outcome. So those saying that the grease the skid skid must be in Greece uh to get uh a different results. And I'm not gonna regress based on what we discussed uh a couple months ago. I'm not going in social intelligence. However, uh that does you know, when that was that property was acquired, they knew that was a residential. They knew that. And instead of reaching out to the neighbors in the area, uh to kind of like get our feeling to see if we had anything to input on changing it. We're not anti-business. Uh we just uh you know that's our home, and it's been mine for the last 18 years. Uh you know, if you talk about progress, I I've been there like as I stated for 18 years. I still don't have sewer. Sewage system. I'm on septic. I've reached out many and uh multiple times to try to uh see what can be done to uh mediate that. Now I'm paying welcome. It is three o'clock on Tuesday, July twenty-fifth, twenty twenty-three, and we are meeting in the city council chambers in Huntsville, Alabama. Um this uh work session of the city council will be called to order, and all members are in attendance. Uh today our focus will be on an effort to enable Huntsville police to issue a citation for misdemeanor possession of marijuana as opposed to taking the individual into custody. Mr. Keith, would you like to kick us off? Yes, and as I understand the um discussion one, I want to say hello to everybody. Thank you for the time. Um this has been a long road. It feels like many moons ago. Um back when Trey had black hair. We started this conversation about what misdemeanor um arrests would look like. Citations, how these are handled, uh many of the conversations around this. I've had conversations with our uh current president about the uh more efficient ways to encourage use of force in our police department and some of the successful ways we've seen around in other cities as well as we've seen around the state. This is born out of conversation during the pandemic times of the use of citations and its effectiveness for the police department. So as it is stated today, it does not this does not directly correlate, and I think what we will hear from our two great lawyers is an update of what the effects of the decision that was made down in Montgomery and where that leaves the city of Huntsville. So if possible, uh Mr. President, I'd like to hand the floor over to our attorney. Absolutely, Mr. Riley. I want to relieve everybody because you get to hear from me every two weeks and for a long time every time anybody gives me the microphone. So the good news is you won't have to listen to me talk today.

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