Marijuana legalization should have gone to Detroit voters, appeals court rules

Discussion in 'Marijuana News' started by xdog, Feb 11, 2012.

  1. 12:21 PM, February 10, 2012

    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.
    Contact Dawson Bell: 517-372-8661 or dbell@freepress.com
     
  2. I thought for sure there would be a ton of responses regarding this - how many times do you see a county judge say people don't have a right to vote on something that they wanted on the ballot? In this case the guy said you can't vote on weed decriminalization because weed is illegal - if this is the logic, we are stuck with every bullshit law that has ever been put on the books.

    Come on folks - muster up a little outrage for this. This guy just took away your candy and kicked you in the crotch.
     
  3. #3 Storm Crow, Feb 12, 2012
    Last edited by a moderator: Feb 12, 2012
    Well, if not outrage, how about a little enthusiasm? :hello:
    \t\t\t\t\t \t\t\t\t\t\t\t \t\t\t\t\t\t\t\t\t \t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tMarijuana Decriminalization Question Must Appear On Detroit Ballot, State Appeals Court Rules \t\t\t\t\t\t\t\t\t

    Marijuana Decriminalization Question Must Appear On Detroit Ballot, State Appeals Court Rules

    \t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tThe The Michigan Court of Appeals on Friday morning ruled that a Detroit city clerk had no right to block a proposal to decriminalize marijuana from appearing on a 2010 ballot. Detroit officials must now place the question on the August 2012 ballot.


    The 2 to 1 decision reversed an earlier ruling by Wayne County Circuit Court Judge Michael Sapala that allowed the clerk to suspend a vote on the issue because it conflicted with state law, Michigan Lawyers Weekly reports.

    If approved by voters, the proposal would amend city law to allow "the use or possession of less than 1 ounce of marihuana, on private property, by a person who has attained the age of 21 years."

    Attorney Matt Abel argued before Judge Sapala on behalf of the ballot measure in circuit court last year. He told The Huffington Post he felt vindicated by the decision.

    "I think they made the right decision," he said. "We look forward to moving the drug war down another notch."

    Abel said the proposal should be on the August ballot, barring a further appeal by the city.
    Abel is also the campaign director for Committee for A Safer Michigan, a group lobbying for a statewide constitutional amendment to permit marijuana use. He sid the Detroit ballot question was one of many factors that led to his group to push for full marijuana legalization in Michigan.

    \tAccording to the Court of Appeals, the proposal, if passed, would still conflict with current state law prohibiting the use of marijuana.


    \t\t\t\t \t\t\t Quick Poll \t\t\tWould you vote to decriminalize marijuana in Detroit?


    \t\t \t \t\t\t\tYes! It's time law enforcement focused on more pressing issues.\t\t \t
    \t[​IMG]
    \t86.3%

    \t \t \t\t\t\tNo. Marijuana should remain an illegal substance.\t\t \t
    \t[​IMG]
    \t5.48%

    \t \t \t\t\t\tOnly if the city can collect sales tax revenue from it.\t\t \t
    \t[​IMG]
    \t8.22%




    ************************


    OK, time for all of you in Michigan to stop playing with your Wiis and make a push to educate as many folks as possible! VOTERS need to see stuff like this! These articles from WebMD are a good place to start (especially that first one on Alzheimer's! :D)

    Marijuana May Slow Alzheimer's (news - 2006)
    Marijuana May Slow Alzheimer's

    Marijuana Chemical Fights Hardened Arteries
    Marijuana Chemical Fights Hardened Arteries

    Chemicals in Marijuana May Fight MRSA
    Marijuana Ingredients May Fight MRSA

    Marijuana's Active Ingredient Targets Deadly Brain Cancer
    Marijuana's Active Ingredient Targets Deadly Brain Cancer

    Marijuana May Fight Lung Tumors
    Marijuana May Fight Lung Tumors

    Marijuana Ingredients Slow Invasion by Cervical and Lung Cancer Cells Pot Slows Cancer in Test Tube

    Marijuana Ingredient May Cut Fibromyalgia Pain
    Marijuana Ingredient May Cut Fibromyalgia Pain

    Cannabis Relieves Multiple Sclerosis Pain (news - 2004)
    Cannabis Relieves Multiple Sclerosis Pain

    Pot Chemical May Curb Inflammation (news – 2007)
    Pot Chemical May Curb Inflammation

    Pot-Based Drug Promising for Arthritis
    Pot-Based Drug Promising for Arthritis

    Teen Pot Smoking Won't Lead to Other Drugs as Adults (news - 2010)
    Teen Pot Smoking Won't Lead to Other Drugs as Adults

    Heavy Marijuana Use Doesn't Damage Brain (news – 2003)
    Heavy Marijuana Use Doesn't Damage Brain

    Marijuana Smoking Doesn't Kill
    Marijuana Smoking Doesn't Kill


    Print them up and leave them where bored people congregate - laundromats, college lounges, etc. Mail them (anonymously, if need be) to relatives and friends. Your local online news will have this alll over the place- COMMENT and let the folks know what cannabis can do for them- besides make you "feel just a little bit too good"! :smoke:

    Once the medical facts about cannabis are known, the need for legalization becomes obvious! EDUCATE!


    Granny (sittin' here in California, toking on some (semi-) legal cannabis! :bongin: )
     

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