MEDICAL POT VICTORY SIGNALS APPETITE FOR BROADER REFORM

Lawmakers should follow up Detroit win with a discussion about
updating state's marijuana laws

The victory of Detroit's medical marijuana initiative Tuesday signals
that voters are becoming increasingly impatient with drug laws that
punish people who are doing no harm, or at least doing no harm to
anyone but themselves. Michigan lawmakers should take the cue and
start talking about broader drug reform.

The Detroit ballot passed despite opposition from prominent lawmakers
from both parties, including Gov. Jennifer Granholm. It will exempt
patients who use the drug under medical supervision from that part of
the city code that makes possession of the drug subject to 90 days in
jail and a $500 fine.

But that doesn't mean that Detroit residents will now be able to smoke
pot in their front yard so long as they have a doctor's note.

As Attorney General Mike Cox points out, the ballot is more a
statement than a policy. Marijuana use is still illegal under state
law. And state law trumps local law. Marijuana users in Detroit could
still be liable for prosecution by state or county officials.

Whether Detroit patients will be prosecuted remains to be seen. Cox's
office seems inclined to take a lenient view, noting that it will
leave it up to the discretion of local prosecutors to decide whether
to pursue a case.

This might avoid a political confrontation with Detroit, but
conflicting state and local laws are a recipe for legal confusion.

In many other states -- California, Oregon, Utah -- voters resorted to
local referendums when they could not persuade state lawmakers to take
their concerns about overly stringent drug laws seriously. Eventually,
such initiatives paved the way for reform of state law. (Detroit's
initiative came about after its backers were twice prevented by
determined state officials to launch a statewide ballot petition).

Opponents of Detroit's medical marijuana initiative fear that any
relaxation of drug laws for medical purposes will eventually lead to
full-scale drug legalization. That hasn't been the case in other states.

In any event, if that's their concern, they need to state it openly.
Detroit's vote suggests that the status quo is becoming increasingly
unacceptable.