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Ann Arbor's City Attorney Declares Medical Marijuana Vote Invalid
November 8, 2004

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News Summary

A day after voters in Ann Arbor, Mich., voted to approve a medical marijuana ballot initiative, City Attorney Stephen Postema declared the measure invalid, the Ann Arbor News reported Nov. 4.

According to Postema, a 1977 court decision law permits city officials to refer marijuana cases for prosecution under state law even though their actions would contradict the city's new charter language. The case law, said Postema, means that his office and city police are not bound by charter amendment prohibitions that conflict with state and federal law.

Following Postema's declaration, Ann Arbor Police Chief Dan Oates ordered his officers to continue following normal enforcement policies for all marijuana sale and possession offenses.

Medical-marijuana proponents who led the city's petition drive said the matter is likely to end up in court.

Despite Michigan's case law on charter amendments, Scio Township Trustee Chuck Ream said, "The citizens of Ann Arbor have spoken just as clearly. And people who would like to be employed by the city should either listen to the voice of the people when they vote or they should seek employment in another community. If the people of Ann Arbor didn't speak clearly yesterday, then I don't know what it takes."

Proposal C was approved with 74 percent of the vote.

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