Can A City Legalize Marijuana?

[badbert]

The recent activity in cities across our state has perplexed me. I have considered these laws and the cities laws against them and I am confused. If the same city governments that think they have the power to supercede the state law, that gives us the right to grow, think they have the power to improve upon the same law? In other words do they think that they could increase our plant limits or our 2.5oz limit? Or even legalize it completely? Of course they don't. So why do they have the right to prevent us from growing?

[backpain57]

You, have a very good point!

[phaquetoo]

I beleive a city can decrinalize it! and they can instruct leo not to charge folks for mm in their legal limits, they can tell leo it we have paper work and it dont look like we have a whole pole barn full, to leave us alone! just a thought!

 

Peace

Its Free to dream!

FTW

Jim

[Emmet Co Care Giver]

I know several cities throughout the country (I'm fairly sure there are a few in michigan including Traverse City, correct me if I'm wrong) have instructed LEO to make marijuana possession "the lowest possible law enforcement priority". While this certainly isn't legalization, it's tolerance and in my book that's a step in the right direction!

[+mayorherb]

I know several cities throughout the country (I'm fairly sure there are a few in michigan including Traverse City, correct me if I'm wrong) have instructed LEO to make marijuana possession "the lowest possible law enforcement priority". While this certainly isn't legalization, it's tolerance and in my book that's a step in the right direction!

Agree

[DenturesLost]

The recent activity in cities across our state has perplexed me. I have considered these laws and the cities laws against them and I am confused. If the same city governments that think they have the power to supercede the state law, that gives us the right to grow, think they have the power to improve upon the same law? In other words do they think that they could increase our plant limits or our 2.5oz limit? Or even legalize it completely? Of course they don't. So why do they have the right to prevent us from growing?

Ann Arbor decriminalized small amounts of it long ago. That doesn't mean anything other than that the city itself doesn't have an ordinance making it a crime. The state law can, and does, still make it a crime in general. Basically all that means is that city officers can no longer charge under a city ordinance and also that there is probably city mandate that officers not charge under state law. Does that mean it is legal in Ann Arbor? No. It just means the city itself can't prosecute because city law (ordinance) doesn't make it illegal. However, if an overzealous state cop decided to submit info to the county prosecutor then s/he COULD prosecute because the prosecutor prosecutes STATE law. I don't know if that has ever happened but I would tend to think not unless it involved extentuating circumstances.

[DenturesLost]

So why do they have the right to prevent us from growing?

Whether they can prevent a patient from growing is one thing. The answer is probably no.

Whether they can prevent a cg is another. The answer is probably yes.

Why? Because the city can regulate land use as far as business activities go. They can pass zoning ordinances.

Thats why you'll never see a nude dancing establishment in a neighborhood. Is a nude dancing establishment illegal? No, but it can be zoned out.

[smokeythebear]

Lowest Law Enforcment Priority (L.L.E.P)

 

a person can change or amend a city charter in michigan, you must be city with a charter.

 

there was 3 citys in michigan that were trying to get it on this past election. Escanaba,Marquette,and Kalamazoo.

 

Esky and k-zoo fell short and mqt sounds like they just gave up before they even started.

 

I was the one who put togehter and funded Escanaba's LLEP.

 

We failed but that was mainly due to no pre planning. I was at a norml qt meeting and heared about MQT doing there llep so i sold my 4wheeler and paid the lawyers to write up a petition for us in Esky. It ended up being my girlfriend and I doing the whole thing. we spent our whole summer, EVERY WEEKEND, getting sig's. we handed out over 100 petitions for people to get sigs and under ten got turned back in! everyone was enjoying there summers i guess!

 

we needed 5% of the citys registered voters (came to under 450). we had 200 some good sigs.

 

I plan on getting this re started asap, and plan on getting at least 2 more citys in upper MI to get onboard. I hope more downstate try for this too as it will help in 2012 (if we go for it)

 

Detroit has a decrim. law they were spose to vote on nov. 2nd but thats going thru the courts. hope somthing good comes from that.

 

 

I was watching the prop 19 head qt live on the net last night and they said it sounds like a few places are talking about going for it in 2012, along with them.

 

 

The LLEP wont be as good for us as a de-criminalization law would, but it will be a LOT easyer to get a llep passed then the other way.

 

 

all the failed marijuana acts yesterday show were just gunna have to bump it up a notch for 2011-2012!

[smokeythebear]

the llep makes marijuana (a set amount, ours was under 1.1 oz) the laws lowest priority, still just as illegal so ya can still go to jail and be charged.

 

there is 5 in cali i belive and a few in CO. there is just under a dozen thru out the country.

 

 

 

This winter is spose to be a cold one. If ya aint got much planned get some friends together and start a LLEP. set the ground work for 2012!

[Kingdiamond]

In the power hungry council members mind I'm sure they think they can do whatever they please since they THINK that they can ban a substance the state says is legal by enforcing federal law on their city level which any good lawyer can tell you is wrong just like Wyoming claiming they will charge you with a crime for ignoring a lowball city ordinance .

 

 

I cant wait until someone challenges one of these "moratoriums "and once the constituents see the negative effect IE lawsuits that will bankrupt their city's maybe then the ordinary uninformed public will make their leaders see the light at the end of the draconian tunnel.

[GREENkZOO]

I laugh in the face of any local moratorium. They are just asking for a lawsuit. In my opinion, if you are following the state law to a T, then they can't do anything. Go ahead, zone me out. I'm not operating a business yet, and wouldn't want to in any place where I wasn't welcome. Didn't apply for a business license. Don't need one. My patients don't pay me. There is no business transaction. Didn't need to register as a business to give away my extra bell peppers from my garden and don't need one to give away my bud fro my indoor garden. Try and cite me. My 6 girls are just 6 of 20something houseplants I have.

[DT61]

Here is the under lying issue -

Yeah, they can look the other way, make it low priority - whatever.

Ultimately this is supporting the illegal market and only feeding the fire.

It is high time (yep, pun intended) that the discrimination is stopped.

 

I also wait for the day a lawsuit - any lawsuit by any affected patient or caregiver - is even filed.

Most patients are broke - and so are a lot of caregivers.

[greenbuddha]

Here is the under lying issue -

Yeah, they can look the other way, make it low priority - whatever.

Ultimately this is supporting the illegal market and only feeding the fire.

It is high time (yep, pun intended) that the discrimination is stopped.

 

I also wait for the day a lawsuit - any lawsuit by any affected patient or caregiver - is even filed.

Most patients are broke - and so are a lot of caregivers.

 

Cheer up DT, Just got an email saying Colorado is right now putting together a ballot initiative to get it 'legal' in their state for 2012.

 

And I suspect very strongly that Cal will be doing it again in 2012 along with maybe Vermont or Massachusetts.

 

This isn't over yet, my friend.

 

Once one state gets it legal just watch it move across the country.

 

Just wish it had been NOW.