VOTE CALLS FOR DISCRETION IN CITY MARIJUANA CASES

The city of Ann Arbor has a choice: continue to ignore voters and
treat medical marijuana patients like criminals, or exercise
discretion when deciding whom to prosecute for marijuana offenses.

Ann Arbor voters overwhelmingly supported medical marijuana by passing
Proposal C with 74 percent in November. The message is clear: We want
police to focus on real crime, rather than wasting valuable time and
resources to keep suffering people from their medicine.

But City Attorney Stephen Postema declared the proposal "invalid,"
citing a 1977 Ypsilanti case - Joslin v. 14th District Judge -
concerning local laws in conflict with state laws. However, the ruling
from the Joslin case clearly states that police officers ought to
"exercise their considerable discretion" when deciding whether to
enforce the local law or the state law in a given situation.

Nevertheless, Ann Arbor Police Chief Dan Oates has directed his
officers to continue to enforce marijuana laws as before, effectively
making the prosecution of patients his official policy. He should
instead take the will of the people into consideration and encourage
officers to use their "considerable discretion."

Josh P. Soper, Ann Arbor