By Barbara Augsdorfer, Editor for the Effingham Herald

It was only a retreat allowing for discussion and no votes on April 3, but the most heated discussion of the morning session among Guyton City Councilmembers was the question of “decriminalizing” the possession of up to one ounce of marijuana.

“Decriminalization” doesn’t mean legalization. That’s what Councilmember Theodore Hamby proposes as the one taking the lead in this action. Hamby wants to reduce the fine and eliminate jail time for possession for small amounts of marijuana.

The meeting was open to the public. In addition to the city council and city staff, former councilmember Hursula Pelote and DDA Chairman Miller Bargeron were present.

Pelote directly asked Councilmember Hamby, “What’s the big purpose of doing this?”

“Well, I mean (while) campaigning, there were many elderly people who refused to take opioids and chose to smoke marijuana,” Hamby said. “They invited me to their house and I saw marijuana sitting right there.” Hamby added that decriminalization of marijuana would “help young people who make a bad decision,” because with an arrest on their record “they will never be able to find a job. They can’t go to college.

“For the elderly people, marijuana is much safer than opioids and much safer than alcohol,” Hamby continued; but he didn’t credit a source for his assertions. “As of September 2019, 1.2 million Georgians now live in a community that (have) decriminalized marijuana.”

In his presentation before the council, Hamby cited statistics regarding marijuana use and decriminalization from states such as Nebraska, Mississippi, and Alabama, among others. Hamby also cited several cities in Georgia, such as Atlanta and Tybee Island, which have decriminalized marijuana for personal use of less than one ounce.

According to Atlanta-based Kohh and Yager (bit.ly/49nI2xZ) “possessing over one ounce of marijuana is still a felony.”

A law enforcement source told the Herald that rather than risking their health from marijuana – and especially marijuana that may have been tainted with fentanyl or another drug such as cocaine, to ask their healthcare provider to write a prescription for an FDA-approved drug such as synthetic THC in pill form.

Georgians who feel they need something stronger than over-the-counter medication can ask their doctor or healthcare provider for THC oil.

The Georgia Department of Public Health manages the Low THC Oil Registry. The card must be renewed every two years with a physician’s prescription.

“As a private citizen running for city council, he is held to a higher standard,” the source told the Herald. “He made a promise he couldn’t keep; and he witnessed a crime and did not call law enforcement.”

According to several law-reviewed websites, marijuana is, of course, illegal in the United States. However, recreational use is legal in 23 states and DC; and 37 states have legalized medicinal use of marijuana for specific patients.

There was more than 30 minutes of back-and-forth discussion among the council, Pelote, and Bargeron.

Guyton’s Interim Police Chief Joseph Coppola attended the meeting during the marijuana discussion and gave the council a list of eight marijuana-related citations and arrests within Guyton from Jan, 1, 2022 through Dec. 31, 2023. One of the offenses was solely a citation for possession of marijuana. The other seven ranged from “no tag light” or “headlight requirement” (which initiated a traffic stop) and subsequently the marijuana was discovered during a search with probable cause.

“With everything that's going on in Guyton, I don't know if you all want your name tied to an ordinance such as this, because I feel it’s still a drug,” Pelote said. “They're all drugs and it concerns me dearly that we're dealing with something like this because it feels like you're telling the children that they can do this and it’s okay.”

“I would be more than happy to attach my name to this bill because this is going to save lives,” Hamby retorted, but without citing a source. “It’s really going to save lives in the long run.”

“Consequences for your choices”

Councilmember Jeremiah Chancey elaborated on his initial support of the ordinance, but added the ordinance should have a resource allocation attached to it to assist people.

“I really felt like this whole discussion is like we really need to have a public forum (or) townhall to get some feedback from the community. I am in support of the goal of the ordinance and I really felt like that public forum, townhall-type event is an essential part of the process,” Chancey said. “Because I have said all along this (is a) process to get from where we are to where we want to be.

“But I really feel like you have to have that resource allocation attached to it -- like with the drug and alcohol (rehabilitation programs) -- you have to have some kind of resources available to assist these people,” Chancey continued. “That's ultimately what the goal is, to better the community. I feel like if we could attach to the resources and things like that and give them a support system to better themselves.”

Another few minutes of discussion ensued regarding a fine of $500, community service, and referrals to drug-treatment programs – and who or what would pay for it.

Mayor Andy Harville expressed frustration with Hamby’s presentation because Hamby did not include statistics for Effingham County, Springfield, and Rincon.

“I don’t see anything local,” Harville said.

“That’s because there’s nothing to go off of,” Hamby answered. “My apologies.”

Bargeron challenged Hamby regarding making choices, consequences for actions, and parental responsibility.

Bargeron asked about employment screenings that include drug testing.

“You're talking about keeping the arrest records down for these young people. What if they don't get a drug test on time,” Bargeron began. “Because it was legal in Guyton and I was smoking (marijuana) in Guyton. I paid my citation and I was given an opportunity for a $75,000 job, and now I can't get the job.”

“If you have a drug test on Monday and you smoke (marijuana) on Sunday, you’re probably going to fail,” Hamby answered.

“There are always consequences for your choices,” Bargeron continued. “Even if we put a plan in place and don't have jail time, there's still a consequence. The consequences of doing drugs period. You have to accept the consequences for whatever you do. We try to mitigate consequences, but there’s always a consequence for whatever your choice is.”

Hamby hypothetically tried to use Bargeron’s daughters as an example.

“Say it's your daughter, 16 (or)17 years old (with) a small amount of marijuana -- because teens are doing it -- and she gets caught …” Hamby started.

“As I teach my children,” Bargeron interrupted. “I have three daughters. You always have consequences and two choices. I will not support your bad choices, but I will help you through the consequences.

“But I’m not going to teach you how to not deal with the consequences,” he added. “I would be a bad parent if I did that.”

“And you’re saying ‘decriminalization’, and people are thinking you’re making it legal to smoke (marijuana), and that’s a problem,” Pelote added. “That’s all they hear.”