Pubdate: Thu, 17 Nov 2005
Source: Traverse City Record-Eagle (MI)
Copyright: 2005 The Traverse City Record-Eagle
Contact:  http://www.record-eagle.com/
Details: http://www.mapinc.org/media/1336
Author: Vanessa McCray
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?420 (Cannabis - Popular)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)

OFFICIALS SAY POT'S STILL A PRIORITY

TRAVERSE CITY - Sixty-three percent of the voters in the last city
election think medical marijuana use should be Traverse City's "lowest
law enforcement priority," but no one should light up soon.

City police and Grand Traverse County's prosecutor said charges will
continue to be brought against those who use the drug for medical purposes.

On Nov. 8, city voters passed a proposal 1,594 to 925 that didn't
legalize marijuana but called for its medical use to be the "lowest
law enforcement priority."

"We will continue to charge according to state law...," Prosecutor
Alan Schneider said. "I have to, I have no choice."

State law prohibits possession and use of marijuana, and police
officers have "a duty to enforce and uphold all laws" of the state,
city attorney W. Peter Doren wrote in a legal opinion dated Monday.

Doren also said voters and the city commission can't "establish
priorities" for city departments.

That authority rests only with the city manager, he wrote.

Proposal advocate Laura Barber still thinks the vote will encourage
law enforcement to "use proper discretion" when it comes to charging
patients.

"They are sworn to uphold the law," she said. "That is their job, and
we aren't asking them to do anything but their job."

The success of the proposal makes a "philosophical" but not legal
statement, city commissioner Scott Hardy said. He agreed the city
needs to enforce state marijuana laws but said the vote shows city
residents are "sympathetic" to patients who use marijuana to control
pain and symptoms.

"What they wanted was a statement by the citizens of this community
that we understand the difference between the medical and recreational
use of marijuana," Hardy said.
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MAP posted-by: Larry Seguin