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Court Rules Detroit Has Right To Vote On Marijuana Legalization

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vote for marijuanaBy Phillip Smith

A marijuana legalization initiative in Detroit was improperly barred from the ballot in 2010, the Michigan Court of Appeals ruled Friday. The appeals court decision overturned the ruling of a Wayne County judge, who had sided with the Detroit Elections Commission’s decision to keep the measure off the ballot because they thought it conflicted with state and federal law.

“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 held in a 2-1 decision.

That means that unless the city appeals the decision, the measure should be on the August municipal ballot.

Sponsored by the Coalition for a Safer Detroit, the initiative would remove from the municipal code all references to the adult possession of up to an ounce of marijuana in private from the municipal code, in effect legalizing up to an ounce within the city limits. The initiative would not change state law, which still criminalizes marijuana possession.

The appeals court ruling marked “a great day for voters’ rights in the city of Detroit,” the Coalition’s Tim Beck told the Detroit Free Press Friday. The election commission’s decision to deny the measure a spot on the ballot was “total hocus-pocus,” Beck said. “We did everything right. Every “i” was dotted, every “t” crossed.”

There is an ongoing campaign led by the Committee for a Safer Michigan to put a legalization initiative on the statewide ballot in November, but it appears likely voters in the state’s largest city will have the chance to make their voices heard well before then.

Article From StoptheDrugWar.orgCreative Commons Licensing

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3 Comments

  1. ConservativeChristian on

    Jesus said to do unto others as we would have them to do unto us. None of us would want our child or grandchild thrown in jail with the sexual predators over marijuana. None of us would want to see an older family member’s home confiscated and sold by the police for growing a couple of marijuana plants for their aches and pains.
    If the people who want to use marijuana could grow a few plants in their own back yards, it would be about as valuable as home-grown tomatoes; it would put the drug gangs out of business and get them out of our neighborhoods.

  2. Well said. This isn’t the 70’s when public sentiment for legalization was at 12%, well over 50% support some form of legalization even if it is only for medical marijuana in some states. Write your congress person now. Tell them what you support and that you will be voting based on what they do. Big multinational corporations may be able to finance campaigns, but only citizens can vote. Vote wisely. Let’s start getting legislators in office that will do what we want…

  3. During alcohol prohibition, all profits went to enrich thugs and criminals. Young men died every day on inner-city streets while battling over turf. A fortune was wasted on enforcement that could have gone on education, etc. On top of the budget-busting prosecution and incarceration costs, billions in taxes were lost. Finally, the economy collapsed. Sound familiar?

    It’s possible that many of the early Prohibitionists did not actually intend to kill hundreds of thousands worldwide and put 1 in every 30 American adults under supervision of the correctional system while bringing shame upon what was once a shining beacon of liberty and prosperity. But predictively similar to our “Great Experiment” of the 1920s, this foolish and counter-productive ‘re-run’ has once again spawned rampant off-the-scale criminality, corruption, a bust economy, mass unemployment, the world’s highest incarceration rate, a civil war in Mexico, an un-winnable war in Afghanistan, and an even higher rate of drug-use (both legal & illegal) than in all other countries that have courageously refused to blindly follow us down this sadomoralistic, dystopian rat hole.

    Should we wait for complete and utter economic ruination before demanding a return to sanity and the restoration of our unalienable­ rights?

    Surely it’s high time we all stood up and told our dysfunctional government that we’re totally pooped at being abused, beaten and jailed in order that unconscionable Transnational Corporations – and their Media Enablers – can continue to dupe, addict and poison us for obscene profits.

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