Marijuana law should have been on Detroit ballot

Feb 10, 2012

The Michigan Court of Appeals ruled this morning that a judge ruled incorrectly when he upheld the Detroit Election Commission's decision to block a 2010 ballot measure.

The ballot measure would have allowed voters to decide on reducing penalties for people 21 or older who possessed less than an ounce of marijuana on private property in Detroit.

Detroit officials didn't allow the proposal to go forward because they said it would conflict with state drug laws

More from the Detroit Free Press:

A 2-1 majority of the appeals panel said city officials did not have the authority to make that determination.

“It was outside the authority of (city officials) to consider the substance and effect of the initiative and defendants have a clear legal duty to place the matter on the ballot,” the court wrote.

In the majority were judges Henry Saad and Elizabeth Gleicher. Dissenting was Judge Jane Markey.

The Associated Press reports the appeals court acknowledged that marijuana possession still would be illegal under Michigan law even if Detroiters had passed the ordinance.