Pubdate: Fri, 10 Feb 2012
Source: Detroit Free Press (MI)
Copyright: 2012 Detroit Free Press
Contact: http://www.freep.com/article/99999999/opinion04/50926009
Website: http://www.freep.com/
Details: http://www.mapinc.org/media/125
Author: Dawson Bell
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)

MARIJUANA LEGALIZATION SHOULD HAVE GONE TO DETROIT VOTERS, APPEALS COURT RULES

A petition drive aimed at giving voters in the City of Detroit voters 
the option of decriminalizing the possession of marijuana was 
improperly barred from the ballot in 2010, the state Court of Appeals 
said in a decision released this morning.

The appeals court reversed the ruling of a Wayne County judge, who 
let stand a decision by the Detroit Elections Commission to keep the 
issue off the ballot because they believed the proposal conflicts 
with state drug law.

A 2-1 majority of the appeals panel said city officials did not have 
the authority to make that determination.

"It was outside the authority of (city officials) to consider the 
substance and effect of the initiative and defendants have a clear 
legal duty to place the matter on the ballot," the court wrote.

In the majority were judges Henry Saad and Elizabeth Gleicher. 
Dissenting was Judge Jane Markey.

Tim Beck, leader of the Coalition for a Safer Detroit, which mounted 
the petition drive, called the appeals court decision "a great day 
for voters' rights in the City of Detroit."

The election commission's decision to deny ballot access was "total 
hocus-pocus," Beck said. "We did everything right. Every I was 
dotted, every T crossed."

Timothy Knowlton, an attorney who represented the coalition in the 
appeal, said the ruling should mean the issue will appear on the 
Detroit ballot in August. That could change, however, if the city 
seeks further court review, he said.

If approved by voters, the ordinance would amend the city code to 
decriminalize the possession of one ounce or less of marijuana by an 
adult. Possession of marijuana by someone other than a medical 
marijuana patient would remain illegal under state law.
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MAP posted-by: Jay Bergstrom