Michigan Local Marijuana Initiatives Pass: What's It All Mean, Dude?

[XLFD]

A month ago, a handful of Michigan cities passed local laws that went to decriminalize marijuana possession in a state that has a medical marijuana statute, and a country that has federal laws against it.  Confusing?   You betcha; so why did some citizens go through the bother of initiating a local proposal that would make something legal under city ordinance, but more than likely illegal under Federal and/or State law?  Think about that for a moment as we note the municipalities that changed their own laws, and the reaction of the local government to those initiatives that all passed.

Detroit:  "The City of Detroit did not spend two years in court and thousands of dollars in legal fees to keep this off the ballot because they thought the measure would be rejected by the voters."

The ballot measure amends a 1984 Detroit city ordinance to exempt adults over the age of 21 from being prosecuted for the possession of less than an  ounce of marijuana on private property.

Flint:  The ballot proposal approved by Flint voters creating an exemption under city ordinance to allow persons at least 19 to possess less than one ounce of marijuana is symbolic in nature.

Flint officials maintained:  Possession of marijuana continues to be illegal under state and federal laws. The police will continue to enforce state and federal marijuana possession laws. The ballot initiate does not provide a defense to those laws.

Grand Rapids:  Proposal 2 moved the possession of marijuana from a misdemeanor down to a civil infraction passed with 60% of the vote.  Kent County Prosecutor William Forsyth, sued to prevent the voter-approved law from taking effect.  "State law prevents the city from making a crime punishable by 90 days or more into a civil infraction."

Tyler Nickerson, spokesman for the proposal said:  "The campaign was all about saving taxpayers money. Prosecutor Forsyth is using valuable taxpayers’ resources to fight, well, taxpayers. That’s the saddest part about the whole thing.”

Ypsilante:  74% of Yppies voted "Yes" for "Shall the Ypsilanti City Charter be amended such that the use and/or consumption of one ounce or less of usable marijuana by adults 21 years or older is the lowest priority of law enforcement personnel?"

Council Member Brian Robb said council wasn't necessarily against the measure, but he believes the passing of the proposal will not change anything.  "I don't think it means anything, this is how we've always sort of treated it."

The pattern is almost universal for these cities whether they are primarily liberal areas, or conservative areas (like Grand Rapids).  The citizens pass the proposal with around 60-75% of the vote, and the local politicos downplay the results or actually work against the popular will of the people.  Using the people's resources to fight their will, as the one activist said.

But if Federal and State Laws still prevail over local laws why should the prosecutors, policemen, councilors and mayors even care?   Think about it for a moment, there is a very good reason why.

It is for the very reason that State law trumps local laws.  In Michigan, unlike some other states, laws specifically allows local police to ignore any local ordinance which conflicts with state law and enforce state law if they so choose.  If local laws do not recognize the state law (of something like marijuana possession), then enforcing the State law means any fines/forfeitures cannot go to the local municipality, but only to the State-- resulting in a significant loss of revenue to the City.

City executives and police chiefs will see their resources used to not make money for themselves and the benefit of their city, but (gasp!) for the State.  In such a way, the Ypsilanti voted initiative is reached:  the pursuit of investigating and prosecuting such crimes, on the local level, will become the lowest priority, as it will be revenue negative for the local government.

It's a brilliant strategy for the pot legalization forces of these cities to ultimately neutralize the most prevalent police force in their area.