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Athens-Clarke County Marijuana Decriminalization Ordinance
Athens-Clarke County Marijuana Decriminalization Ordinance
SECTION 3
If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance
or the application thereof to any person or place, is for any reason held to be invalid or
unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this
ordinance shall be and remain in full force and effect.
SECTION 4
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 5
The Clerk of Commission, in consultation with the County Attorney, shall have the power
to correct scrivener’s errors.
__________________________________________
Kelly Girtz, Mayor
Attest: __________________________________________
Jean Spratlin, Clerk of Commission
Marijuana Possession Decriminalization Ordinance
Commission-Defined Option (CDO)
Athens-Clarke County Mayor and Commission
(Commissioners Houle, Parker, Denson)
August 2, 2022
WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke County are
authorized by the Charter of Athens-Clarke County to provide for the safety, health, peace, security, and general
welfare of the community members and visitors of Athens-Clarke County; and
WHEREAS, the Unified Government is committed to creating a safer community by reducing crime,
working to ensure the safety of its citizens, and fostering a relationship of trust and partnership within the
community; and
WHEREAS, enactment of an ordinance concerning the offense of simple marijuana possession within
Athens-Clarke County limits is intended to enhance public safety and eliminate costs by reducing the amount of
time police officers spend in connection with the arrest, processing, and transportation of those accused of
simple marijuana possession; and
WHEREAS, the Mayor and Commission wish to discourage the use of criminal penalties regarding the
offense of simple marijuana possession and provide for civil alternatives; and
WHEREAS, the Mayor and Commission find that enforcement of the State laws prohibiting simple
marijuana possession has been inequitable and has fallen disproportionately on certain subsets of the
population; and
WHEREAS, arrest and/or conviction for the State law offense of simple marijuana possession presents
employment obstacles which marginalize broad swaths of the population; and
NOW THEREFORE, the Mayor and Commission of Athens-Clarke County, Georgia, herby ordains
and orders that the Code of Ordinances of Athens-Clarke County shall be amended as follows:
SECTION 1
Section 3-2-25 entitled “Reserved” of the Code of Athens-Clarke County, Georgia is hereby deleted in
its entirety and the following new section is inserted in lieu thereof:
SECTION 2
Violation of this ordinance shall not constitute probable cause for violation of any other law.
SECTION 3
SECTION 4
If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance or the
application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final
decision of any court of competent jurisdiction, the remainder of this ordinance shall be and remain in full force
and effect.
SECTION 5
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 6
The Clerk of Commission, in consultation with the County Attorney, shall have the power to correct
scrivener’s errors.
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF ATHENS-CLARKE
COUNTY, GEORGIA, WITH RESPECT TO POSSESSION OF MARIJUANA; AND FOR
OTHER LAWFUL PURPOSES
WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke
County are authorized by the Charter of Athens-Clarke County to provide for the safety, health,
peace, security, and general welfare of the community members and visitors of Athens-Clarke
County; and
WHEREAS, the Unified Government is committed to creating a safer community by
reducing crime, working to ensure the safety of its citizens, and fostering a relationship of trust
and partnership within the community; and
WHEREAS, enactment of an ordinance concerning the offense of simple marijuana
possession within Athens-Clarke County limits is intended to enhance public safety and
eliminate costs by reducing the amount of time police officers spend in connection with the
arrest, processing, and transportation of those accused of simple marijuana possession; and
WHEREAS, enactment of an ordinance concerning the offense of simple marijuana
possession is further intended to prevent people from entering the criminal justice system and
avoiding the enduring stigma associated therewith.
NOW THEREFORE, the Mayor and Commission of Athens-Clarke County, Georgia,
herby ordains and orders that the Code of Ordinances of Athens-Clarke County shall be amended
as follows:
SECTION 1
SECTION 3
If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance
or the application thereof to any person or place, is for any reason held to be invalid or
unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this
ordinance shall be and remain in full force and effect.
SECTION 4
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 5
The Clerk of Commission, in consultation with the County Attorney, shall have the power
to correct scrivener’s errors.
__________________________________________
Kelly Girtz, Mayor
Attest: __________________________________________
Jean Spratlin, Clerk of Commission