News (Media Awareness Project) - US MI: PUB LTE: Medical Marijuana Editorial Was Flawed |
Title: | US MI: PUB LTE: Medical Marijuana Editorial Was Flawed |
Published On: | 2011-01-15 |
Source: | Daily Press, The (Escanaba, MI) |
Fetched On: | 2011-03-09 17:12:36 |
MEDICAL MARIJUANA EDITORIAL WAS FLAWED
Monday's editorial 'State Needs to Clarify Medical Marijuana Law' was
flawed in more ways than one can count.
It requires a three-fourths super majority of each house of the state
legislature to change a law passed by an initiative of the people.
Perhaps a few bills will be introduced but the chances of the
legislature reaching the three-fourths vote needed are zero. The
members know that the initiative passed in each of their districts.
The law 'Initiated Law 1 of 2008' is well written and easy to
understand. It may be accessed from the legislature's website at
http://www.legislature.mi.gov/
Some municipalities have decided that they have the power to override
state law using various ordinances and moratoriums. They do not have
that power as they will find out as the court cases against them
conclude. Their taxpayers will pay the bill for their mistakes.
Some municipalities think that they can undermine state law by citing
the federal law against marijuana use. This is settled law that the
municipalities would know if they had competent legal advice. Federal
appeal courts in several states have made it very clear that states
may have laws that differ from the federal law in the case of
medicinal marijuana use.
The American Civil Liberties Union is only one of several
organizations and law firms willing to go to court to protect the
rights of patients and their caregivers.
The polemic reprinted by the Daily Press from the down state Oakland
Press may worry patients and their caregivers. It should not.
Richard Lake
Escanaba
Monday's editorial 'State Needs to Clarify Medical Marijuana Law' was
flawed in more ways than one can count.
It requires a three-fourths super majority of each house of the state
legislature to change a law passed by an initiative of the people.
Perhaps a few bills will be introduced but the chances of the
legislature reaching the three-fourths vote needed are zero. The
members know that the initiative passed in each of their districts.
The law 'Initiated Law 1 of 2008' is well written and easy to
understand. It may be accessed from the legislature's website at
http://www.legislature.mi.gov/
Some municipalities have decided that they have the power to override
state law using various ordinances and moratoriums. They do not have
that power as they will find out as the court cases against them
conclude. Their taxpayers will pay the bill for their mistakes.
Some municipalities think that they can undermine state law by citing
the federal law against marijuana use. This is settled law that the
municipalities would know if they had competent legal advice. Federal
appeal courts in several states have made it very clear that states
may have laws that differ from the federal law in the case of
medicinal marijuana use.
The American Civil Liberties Union is only one of several
organizations and law firms willing to go to court to protect the
rights of patients and their caregivers.
The polemic reprinted by the Daily Press from the down state Oakland
Press may worry patients and their caregivers. It should not.
Richard Lake
Escanaba
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