MARIJUANA INITIATIVE HAD SYMBOLIC IMPORTANCE

Could Be a Starting Point for Changing Law

Symbolism, although sometimes politically potent, never trumps the rule of law.

And that is the discomforting message that backers of a medical marijuana
initiative have gotten from the city's two top law enforcement officials.

One day after nearly three-fourths of Ann Arbor voters ratified a medical
marijuana initiative with an empathetic eye toward helping suffering
individuals deal with pain and nausea, City Attorney Stephen Postema said
law enforcement officials cannot be bound by local charter amendments that
conflict with state law.

And that was quickly followed by Police Chief Dan Oates, who directed his
officers to continue enforcing marijuana offenses.

The outcome of the vote was expected by anyone who knows much about Ann
Arbor's compassionate residents. Likewise, the response from Postema and
Oates was expected by anyone who knows much about them.

Both are professionals who know the law and know their duty regardless of
how they personally feel about particular laws.

And the Michigan Court of Appeals already has ruled on this issue in a 1977
decision.

There simply is no wiggle room, except from politicians like Mayor John
Hieftje. He had an opportunity to do the right thing and defend Postema and
Oates, but instead wiggled a bit and declared the issue needs clarification.

Not really, unless one confuses pandering with clarifying.

The initiative was an important symbolic gesture of compassion. It could be
the starting point in an effort to change state law, or it could be the
first step in a costly and futile attempt to sue the city.

Changing state law is not easy, but that is the approach that should be
taken by anyone truly interested in the challenge of helping individuals
with pain and suffering.