Pubdate: Thu, 04 Nov 2004
Source: Ann Arbor News (MI)
Copyright: 2004 The Ann Arbor News
Contact:  http://www.mlive.com/aanews/index.ssf
Details: http://www.mapinc.org/media/20
Author: Tracy Davis, News Staff Reporter
Cited: Ann Arbor Police Chief Dan Oates http://www.ci.ann-arbor.mi.us/Police/
Cited: Ann Arbor Medical Marijuana Act http://www.aammi.org/
Cited: Ann Arbor City Council http://www.ci.ann-arbor.mi.us/council.html
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA VOTE CALLED INVALID

Oates Says Police Won't Change Enforcement Practices

A day after its approval by three-fourths of Ann Arbor voters, the medical 
marijuana initiative is getting the cold shoulder.

Ann Arbor Police Chief Dan Oates said in a written statement he has 
directed his officers to continue enforcement of all marijuana sale and 
possession offenses as they did before the vote.

Oates' decision came after City Attorney Stephen Postema said Wednesday 
that Ann Arbor's new medical marijuana initiative is invalid.

Although the initiative was legally and appropriately placed on the ballot 
after a petition drive, Postema said 27-year-old case law dictates that 
city officials can refer complaints for prosecution under state law even 
though it would be contrary to the city's new charter language.

In a 1977 decision involving a case in Ypsilanti, the state appeals court 
ruled that city officials weren't prohibited from referring marijuana cases 
for prosecution under state law, despite a city ordinance that said they 
couldn't refer such cases to the Washtenaw County prosecutor.

Based on that case, Postema said, his office and police can't be bound by 
charter amendment prohibitions that conflict with state and federal law. 
Those laws, he said, will continue to govern marijuana arrests in Ann Arbor.

Medical marijuana proponents said Wednesday that the city's position means 
the matter is likely to wind up in court.

Scio Township Trustee Chuck Ream, who led the petition drive, acknowledged 
that Michigan has case law regarding such charter amendments.

"But the citizens of Ann Arbor have spoken just as clearly," he said. "And 
people who would like to be employed by the city should either listen to 
the voice of the people when they vote or they should seek employment ... 
in another community. If the people of Ann Arbor didn't speak clearly 
yesterday, then I don't know what it takes."

Ream criticized Postema for countering voters' wishes, and said that a 
lengthy court case over the matter was likely to cost taxpayers a lot of money.

Voters approved the initiative by a 74 percent margin Tuesday, or 39,806 to 
13,763. Proposal C sought to protect medical marijuana users from arrest 
and prosecution by local officials, whom proponents say make 99 percent of 
such arrests. The measure amends the city charter to decriminalize 
marijuana when recommended by a health care provider.

Ann Arbor Mayor John Hieftje said the City Council is not taking a position 
on the validity of the initiative yet, and that it is a matter of law that 
needs clarification.

"Well, I voted for it," he said Wednesday. "And I don't think there's many 
of us who would deny something to someone who's in pain.

"But there are a lot of complications with it, and it's going to take us a 
while to sort it out," he said, adding that the City Council would meet to 
discuss where it stands legally. "It's premature to say we have it all 
figured out."

City Council members voted 7-4 in July to place the matter on the ballot. 
Wendy Woods, D-5th Ward; Mike Reid, R-2nd Ward; Leigh Greden, D-3rd Ward; 
and Marcia Higgins, D-4th Ward, voted against placing it on the ballot. But 
it was largely a procedural vote, required as a final step to put it before 
voters after signatures were collected and the language was approved by the 
city clerk.

Officials with the state Attorney General's office could not be reached for 
comment Wednesday. In September, the office sent a letter to Ann Arbor 
officials warning them the new amendment would be in conflict with state law.

Marijuana remains illegal under state and federal law, regardless of 
whether it is used, possessed or sold within the city limits.

State and federal law enforcement officers would not be prevented from 
arresting, charging and prosecuting someone who claims to use pot for 
medicinal purposes, regardless of the city's interpretation of the law. 
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MAP posted-by: Richard Lake