Pubdate: Wed, 03 Aug 2011 Source: Saginaw News (MI) Copyright: 2011 The Saginaw News Contact: http://www.mlive.com/mailforms/sanews/letters/index.ssf/ Website: http://www.mlive.com/saginaw/ Details: http://www.mapinc.org/media/377 Author: Barrie Barber, The Saginaw News MEDICAL MARIJUANA ADVOCATE FILES SECOND RECALL PETITION TO REMOVE MICHIGAN ATTORNEY GENERAL BILL SCHUETTE FROM OFFICE MIDLAND -- Undeterred by a first recall attempt that struck out, a medical marijuana advocate will try a second time to remove Michigan Attorney General Bill Schuette from the state's top law enforcement post. Richard C. Clement Sr., 54, of Lansing, added new contentions in a four-point recall petition with claims the Midland Republican has battled Michigan's voter-endorsed medical marijuana law, but also affirmative action and federal health care reform in the legal arena. "I picked affirmative action because that's kind of hypocrisy that he can talk about state's rights in one issue and talk about federal law on another issue," said Clement, who identified himself as a medical marijuana patient and member of Michigan NORML, a marijuana advocacy group. The former state government computer programmer said the attorney general has cited federal law as a tool against following Michigan's medical marijuana law. The medical use of marijuana remains illegal under federal law. Rusty Hills, a spokesman for Schuette, dismissed the latest recall attempt. "We plan to vigorously contest this," Hills said. "We believe there are a number of deficiencies (in the petition) and we plan to bring those to light. We'll wait to bring them before the Elections Commission. Until then Bill was elected to do a job and he's going to continue to do that job." Among other claims, the petition said last month Schuette filed an appeal to a federal court decision supporting affirmative action in Michigan because it violated an amendment to the state constitution banning race or ethnicity in admission to public colleges and universities. The recall language added Schuette "issued an ambiguous opinion from his office stating that the sharing of medical marijuana is illegal" under state law and filed a challenge in U.S. District Court in Florida against "a federally mandated healthcare law designed for people who do not have ANY health insurance." The last of the four claims contended Schuette filed a legal brief in a Michigan Supreme Court case to support county prosecutors "arguing that unregistered users of marihuana are not entitled to assert a defense under the Michigan Medical Marihuana Act against drug possession charges." Petition language noted specific dates for each claim. The Midland County Election Commission will determine the clarity of the petition language at a 2 p.m. Aug. 17 hearing at the Midland County Courthouse in Midland, said County Clerk Ann Manary. The three-member panel has to OK petition language as understandable to voters prior to Clement and his supporters attempts to gather 807,000 signatures to demand a recall election. In Clement's first attempt Monday, the commission rejected a three-point recall petition, focused on Schuette's handling of the state's medical marijuana law, as unclear. "My original intent was to file and the first time I went there it was uncharted waters for me," Clement said. "You can't find out until you make the effort. Now that I kind of figured out the process a little bit I made the next filing very specific. I had all the intention of refiling." An attorney general spokesman dismissed Clement's first attempt in an email response to The Saginaw News last month. "It is an effort by a fringe element to make the attorney general a poster boy in its fight against local police and prosecutors who are working overtime to do their jobs in the wake of this poorly drafted law," a statement said. - --- MAP posted-by: Richard R Smith Jr.