Pubdate: Sun, 24 Nov 2013
Source: Macomb Daily, The (MI)
Copyright: 2013 The Macomb Daily
Contact:  http://www.macombdaily.com/
Details: http://www.mapinc.org/media/2253

FERNDALE POT LAW BREEDS CONFUSION, ANGER - WHICH IS THE POINT

So Ferndale police will continue to enforce Michigan laws prohibiting 
possession of small amounts of marijuana even though the city's 
voters agreed to legalize it. Confusing? Apparently it's meant to be. 
Residents this month voted by better than 2-1 to decriminalize 
possession of an ounce or less by persons age 21 or older on private property.

But Police Chief Timothy Collins points out that such possession 
remains prohibited by state law. "If our officers are in a place they 
are legally allowed to be and see someone smoking marijuana, they 
will take action. If we found ourselves in that situation, we would 
use state law."

Collins says his officers are sworn to uphold state law. "We are not 
empowered to simply not enforce it." The penalty for violating the 
law, a misdemeanor, is up to a year in jail.

Similar ballot questions were approved in Jackson and Lansing. All 
were shepherded by a statewide advocacy group, Safer Michigan. Its 
leader, Tim Beck, acknowledged the confusion and conflict the 
elections create with state law. "That's exactly our goal"-- getting 
attention and increasing pressure on state legislators to change the state law.

Other cities appear to be taking a different tack: Beck said police 
in Grand Rapids and Ann Arbor are saying, "...we don't have time for 
activities that shouldn't even be a crime."

Ferndale Mayor David Coulter opposed the ballot question and called 
the ordinance "largely symbolic" since it can't supersede federal and 
state law.

So even if it isn't safe to light up in Ferndale, advocates hope that 
the confusion  and probably some anger as well  will be transmitted 
to state legislators, from sufficient numbers of users and to 
sufficient numbers of lawmakers eventually to legalize possession of 
marijuana as several other states have done.

If that happens, we would expect Michigan to tax the substance.

Meanwhile, while some anger is sure to be directed at Collins and his 
police force, it's hard to fault him. He's taking an oath seriously.
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MAP posted-by: Jay Bergstrom