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Olean Police review lawmaker's weed-smoking video

The Olean Police chief says there's no evidence that shows that Alderman Kevin Dougherty actually smoked marijuana.

OLEAN, N.Y. — Police in the City of Olean, in Cattaraugus County, want to speak to a city lawmaker about a video he posted, allegedly showing him smoking marijuana. 

That common council member says he posted the video of himself smoking marijuana to show support for the legalization of recreational marijuana.

2 On Your Side spoke by phone to Jeff Rowley, the police chief in Olean, on Tuesday afternoon. Police say they want to speak to Alderman Kevin Dougherty before Tuesday's Common Council meeting, which starts at 6:30 p.m. about whether Dougherty actually smoked marijuana in a video.

The chief says there's no evidence that shows that Dougherty actually smoked marijuana.

If Dougherty admits to police that he smoked marijuana in the video, the police chief says Dougherty could be arrested and charged.   

The video was posted on Dougherty's YouTube page on 4-20.

In our interview with him Tuesday, he compared marijuana legalization to fighting for civil rights. 

Why explicitly break the law to prove a point? 

"I don't think there's a better way to prove a point, not that my cause is any better than anyone's in the civil rights movement. If they had a sit in where they weren't supposed to be, they did it. Was it breaking the law? Yes," Dougherty said.

REPORTER: This isn't civil rights. 

"Marijuana legalized is not the same severity of the struggle but it falls in the same category," Dougherty said.

Also in the video, he jokes about the Notre Dame Cathedral fire, but now says he didn't remember making the joke.  

And when a comment was made about his eyes closing, Dougherty responds saying "konichiwa," which is a Japanese greeting and that could be seen as racist. 

Dougherty apologizes if offended anyone. 

Dougherty says he is running for re-election later this year. He's been an alderman in Olean for nearly four years.

As for that video, Dougherty says it is staying online.

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