DETROITERS TO DECIDE LEGALIZING MARIJUANA

DETROIT -- Should possession of small amounts of marijuana be
legal?

Detroit voters will decide in the Nov. 2 election.

Tim Beck of the local organization Coalition for a Safer Detroit says
yes.

Beck is known for helping to get the law allowing marijuana use for
medicinal purposes passed in 2004.

He recently led the petition drive that garnered nearly 6,000
signatures to get the new initiative on the ballot. Only 3,895
signatures are required. The clerk validated enough signatures to put
the question to the voters.

Earlier this year, the Coalition asked the City Council to shortcut
the ballot process by amending the city's ordinance to allow anyone 21
years and older to possess an ounce or less of marijuana on private
property.

The Council passed on the opportunity.

According to Beck, Council received advice from corporation counsel to
not vote on the amendment because of their oath to state and federal
laws which make possession of marijuana illegal.

Council faced a similar situation when in 1997 an ordinance amendment
was passed to allow for needle exchange without a prescription.

"Sending it to the voters provides [the council] an 'ass covering,'"
Beck said.

If the law is passed and small amounts of marijuana for personal use
becomes legal in the city, the Detroit police will have a choice
between enforcing the city law or state and federal laws.

Corporation counsel, however, disagrees.

"State and federal law preempts city law," says Krystal Crittendon,
corporation counsel for the City.

Crittendon said that just because the initiative makes it on the
ballot does not make it legal.

"It can be a properly passed ordinance and still be illegal. It'll be
subject to constitutional challenge," Crittendon said. "If the people
pass an illegal ordinance, it will be unenforceable."

Crittendon says the language of the initiative that goes on the ballot
is very important and it's up to those who put it together to get the
language right.

Beck says that Crittendon is wrong.

"There will be a final public meeting with the elections commission,
where [City Clerk Janice] Winfrey, Corporation Counsel and [Council
President Charles] Pugh and I will determine how the language
appears," Beck said.

"[If the initiative passes] Detroit police have a choice. They can do
what voters say and enforce city law ... if they don't want to follow
[city law] they can charge under state law. Any [fines] would not be
revenue for the city," says Beck.

He believes that the DPD's choice not to arrest medical marijuana
users is indicative of what could happen if the new initiative for
personal use passes.

"After medical marijuana passed in 2004 there were no arrests made in
Detroit. In that case police chose to follow city law," Beck said.

Beck is positive that the initiative will pass. According to his Web
site, he believes Colorado and Washington are examples of the law
working in favor of citizens.

"The cities of Denver [Colorado] and Seattle [Washington] recently
made use or possession of small amounts of marijuana their lowest law
enforcement priority."