GRAND RAPIDS, MI -- The city's 2012 amendment to decriminalize possession of small amounts of marijuana has cleared a final legal challenge. State Supreme Court justices, in a split decision, declined to hear an appeal from Kent County Prosecutor William Forsyth in a ruling issued Saturday, Dec. 12.

Related

:

Since voters approved the measure in 2012 -- making possession of less than 2.5 ounces of marijuana a civil infraction -- Forsyth has sought to have it overturned. He argued the amendment wrongly prohibits Grand Rapids police from enforcing state law, or reporting marijuana offenses to county prosecutors. A

in January, and he appealed to the Supreme Court. The highest court's ruling was not without dissension. Justices Stephen Markman and David Viviano wanted to hear the case. Viviano wrote: "I would have granted the application because I believe this case presents an important constitutional question concerning whether a home rule city may, through its charter, encroach upon a county prosecutor's broad power to enforce state law. "I believe this case presents a conflict between the authority of a local municipality to govern its affairs and a county prosecutor's broad constitutional discretion as "the chief law enforcement officer of the county" to decide whether to prosecute or what charges to file," Viviano wrote.

Related

:

Viviano, in his dissent, said he hopes the state Legislature will clarify the rights and responsibilities of a city police department and the county prosecutor once an arrest is made. He suggested the state's "Home Rule City Act" could be amended to close a "loophole" that allows charter amendments to override a state criminal law.

E-mail John Tunison: jtunison@mlive.com and follow him on Twitter at twitter.com/johntunison