cannabisnews.com: Medical Marijuana Vote Called Invalid Medical Marijuana Vote Called Invalid Posted by CN Staff on November 04, 2004 at 10:06:55 PT By Tracy Davis, News Staff Reporter Source: Ann Arbor News A day after its approval by three-fourths of Ann Arbor voters, the medical marijuana initiative is getting the cold shoulder. Ann Arbor Police Chief Dan Oates said in a written statement he has directed his officers to continue enforcement of all marijuana sale and possession offenses as they did before the vote. Oates' decision came after City Attorney Stephen Postema said Wednesday that Ann Arbor's new medical marijuana initiative is invalid. Although the initiative was legally and appropriately placed on the ballot after a petition drive, Postema said 27-year-old case law dictates that city officials can refer complaints for prosecution under state law even though it would be contrary to the city's new charter language. In a 1977 decision involving a case in Ypsilanti, the state appeals court ruled that city officials weren't prohibited from referring marijuana cases for prosecution under state law, despite a city ordinance that said they couldn't refer such cases to the Washtenaw County prosecutor. Based on that case, Postema said, his office and police can't be bound by charter amendment prohibitions that conflict with state and federal law. Those laws, he said, will continue to govern marijuana arrests in Ann Arbor. Medical marijuana proponents said Wednesday that the city's position means the matter is likely to wind up in court. Scio Township Trustee Chuck Ream, who led the petition drive, acknowledged that Michigan has case law regarding such charter amendments. "But the citizens of Ann Arbor have spoken just as clearly," he said. "And people who would like to be employed by the city should either listen to the voice of the people when they vote or they should seek employment ... in another community. If the people of Ann Arbor didn't speak clearly yesterday, then I don't know what it takes." Snipped: Complete Article: http://www.freedomtoexhale.com/called.htmSource: Ann Arbor News (MI)Author: Tracy Davis, News Staff Reporter Published: Thursday, November 4, 2004Copyright: 2004 The Ann Arbor NewsContact: letters annarbornews.comWebsite: http://www.mlive.com/aanews/index.ssfRelated Articles & Web Site:Ann Arbor MMJ Initiativehttp://www.aammi.org/Michigan NORMLhttp://www.minorml.org/A2 Voters Pass Initiative To Legalize MMJ http://cannabisnews.com/news/thread19766.shtmlMedical Marijuana Gets 74% Approvalhttp://cannabisnews.com/news/thread19760.shtmlPot Goes To The Polls http://cannabisnews.com/news/thread19586.shtmlMedicinal Pot Use On A2 Ballothttp://cannabisnews.com/news/thread19534.shtml Home Comment Email Register Recent Comments Help Comment #18 posted by FoM on November 07, 2004 at 17:23:44 PT Related Article from Ann Arbor News Marijuana Initiative Had Symbolic Importance EditorialSunday, November 7, 2004Could be a starting point for changing law Symbolism, although sometimes politically potent, never trumps the rule of law. And that is the discomforting message that backers of a medical marijuana initiative have gotten from the city's two top law enforcement officials. One day after nearly three-fourths of Ann Arbor voters ratified a medical marijuana initiative with an empathetic eye toward helping suffering individuals deal with pain and nausea, City Attorney Stephen Postema said law enforcement officials cannot be bound by local charter amendments that conflict with state law. And that was quickly followed by Police Chief Dan Oates, who directed his officers to continue enforcing marijuana offenses. The outcome of the vote was expected by anyone who knows much about Ann Arbor's compassionate residents. Likewise, the response from Postema and Oates was expected by anyone who knows much about them. Both are professionals who know the law and know their duty regardless of how they personally feel about particular laws. And the Michigan Court of Appeals already has ruled on this issue in a 1977 decision. Snipped:Complete Article: http://www.mlive.com/columns/aanews/index.ssf?/base/news-0/1099828296280030.xml [ Post Comment ] Comment #17 posted by FoM on November 05, 2004 at 19:54:23 PT BGreen I did read the whole article. I don't know what to think but as we heal from this election people will put it together. Kerry conceded for the sake of our country and I'll respect his concession. That shows so much style. Being a gracious loser has always made me appreciate a person way more. If there was rigging or dangerous spinning in time we will know. Here's another related type article. I talked to my one sister that is 16 years older then me yesterday. She's my sister but I don't communicate with her except a few times in my adult life. It was bad timing her calling me yesterday. We didn't get far into our conversation until it was over by a repairman at her door thank goodness. She said we had to go to Iraq and sorry about the innocents getting killed but those poor people need freedom just like the south did in the civil war. She said Kerry is for Gay marriage and abortion so she wouldn't consider voting for someone with no morals. I said that to say this. She is in her 70s so I'll cut her some slack but that is what we are dealing with.PS: I do have a really cool sister though that balances everything for me.Exit Polls Right, Tallies Wrong? http://www.alternet.org/election04/20416/ [ Post Comment ] Comment #16 posted by BGreen on November 05, 2004 at 19:37:42 PT Please read the entire Greg Palast Article I only included the first two paragraphs but forgot to put "SNIPPED."The Reverend Bud Green [ Post Comment ] Comment #15 posted by BGreen on November 05, 2004 at 19:32:11 PT Why Couldn't They Have AT LEAST COUNTED ALL OF THE VOTES before they declared a winner? Accepting the winner would be a lot easier if I knew who the winner REALLY was. It takes time to make an important decision and a careful evaluation of the facts is a vital component of that time.So, what if Kerry really did win? Is bush still the prez because Kerry conceded? Can we the voters somehow demand that the votes actually be counted?Greg Palast is an incredible investigative journalist and he has his take on this election fiasco.The Reverend Bud Green**********************************************************KERRY WON.HERE ARE THE FACTS.TomPaine.comFriday Nov 5, 2004by Greg PalastI know you don't want to hear it. You can't face one more hung chad. But I don't have a choice. As a journalist examining that messy sausage called American democracy, it's my job to tell you who got the most votes in the deciding states. Tuesday, in Ohio and New Mexico, it was John Kerry.Most voters in Ohio thought they were voting for Kerry. At 1:05 a.m. Wednesday morning, CNN's exit poll showed Kerry beating Bush among Ohio women by 53 percent to 47 percent. The exit polls were later combined with—and therefore contaminated by—the tabulated results, ultimately becoming a mirror of the apparent actual vote. Kerry also defeated Bush among Ohio's male voters 51 percent to 49 percent. Unless a third gender voted in Ohio, Kerry took the state. Kerry Won. Here are the Facts. [ Post Comment ] Comment #14 posted by siege on November 05, 2004 at 19:04:13 PT mamawillie elections officials I don't buy a lot of it either!House Dems Seek Election Inquiry Three congressmen sent a letter to the General Accounting Office on Friday requesting an investigation into irregularities with voting machines used in Tuesday's elections.http://www.wired.com/news/evote/0,2645,65623,00.htmlAn error with an electronic voting system'] gave Bush 3,893 extra votes in suburban Columbus, elections officials said. Franklin County's official results had Bush receiving 4,258 votes to Democrat John Kerry's 260 votes in a precinct in Gahanna. Records show only 638 voters cast ballots in that precinct. Bush actually received 365 votes in the precinct, Matthew Damschroder, director of the Franklin County Board of Elections, told The Columbus Dispatch. [ Post Comment ] Comment #13 posted by Hope on November 05, 2004 at 18:09:43 PT You're right, Afterburner Sorry, I "skim" through some articles too fast. [ Post Comment ] Comment #12 posted by mamawillie on November 05, 2004 at 11:07:59 PT Siege.. not buying it Sorry, Siege. I read your link and I find it ironic that these people would rather believe that the exit polling industry is right because they say they are. Really? We keep talking about cops knowing which side of the bread is buttered... what about exit polling companies? Don't you think they are doing whatever it takes to convince people their polls were right rather than for people to believe we don't need exit polls, and thus eliminating their profession?Kerry wouldn't have conceded if he thought for a minute that he might have won. I also found that link totally one-sided because they only talk of Kerry ballots getting lost/not counted. What about Bush? What about Nader? What about Badnarik? Kerry wasn't the only one who would have lost ballots.Nope. I may not be happy with Bush as president again, but that doesn't mean I think Bush "robbed" Kerry of a win.Just my 2 cents.... [ Post Comment ] Comment #11 posted by afterburner on November 05, 2004 at 02:33:40 PT Hope "Ann Arbor needs to recall their Sheriff right now...if the people had any power..."Actually, the Washtenaw County Sheriff, the county which includes Ann Arbor, *is* an elected position, but he ran unopposed. "WASHTENAW COUNTY SHERIFF 4 year term, Vote for 1 position Daniel Minzey $ Democrat"Any potential sheriff candidates there in Michigan or elsewhere (hint, hint)?But it was Ann Arbor's Chief-of-Police who made the disloyal and illegal statement about not enforcing the law. I don't know if Chiefs-of-Police are elected officials or hired public *servants.* Does anybody there in Ann Arbor know the answer? [ Post Comment ] Comment #10 posted by john wayne on November 05, 2004 at 00:18:20 PT As usual Cops know which side their bread is buttered on.They'd rather bust cancer patients than admit that a big part of their job (marijuana enforcement) is pure boondoggle. [ Post Comment ] Comment #9 posted by Hope on November 04, 2004 at 15:41:05 PT The power of the vote in the United States "Government by the people, of the people, and for the people."Yeah, right. It's beginning to look like voting is a waste of time, doesn't it?What happens in a country that votes of the "people" are worthless? This is hideously worrisome...like the DC debacle.Ann Arbor needs to recall their Sheriff right now...if the people had any power...which it's more and more obvious, they don't...we don't. I know a lot of you don't like the terms evil and wicked...but this is wicked. How can this be? Why aren't the people who decide the votes of the people are worthless prosecuted for treason? [ Post Comment ] Comment #8 posted by Dankhank on November 04, 2004 at 15:12:40 PT Cancer ... One thing for Ms Edwards to consider is to take a look at the Cannabis Research Library Disc that I handed to her hubby when he was in OKC during the primaries. That's supposing he didn't chuck it into the first trash receptacle he came to after the meeting.Perhaps I will send him an email to remind him. [ Post Comment ] Comment #7 posted by Sam Adams on November 04, 2004 at 14:51:09 PT what a great guy! Ann Arbor Police Chief Dan Oates said in a written statement he has directed his officers to continue enforcement of all marijuana sale and possession offenses as they did before the vote. Oates' decision came after City Attorney Stephen Postema said Wednesday that Ann Arbor's new medical marijuana initiative is invalid. What do they mean "all marijuana sale and possession"? What he did was specifically order the police to arrest sick people. [ Post Comment ] Comment #6 posted by FoM on November 04, 2004 at 13:13:59 PT John Tyler I agree with you. No one goes thru life without suffering and pain and loss. [ Post Comment ] Comment #5 posted by John Tyler on November 04, 2004 at 12:59:46 PT related to off topic Pain, suffering and loss come to each of us on this plane of existance no matter what our station in life. Some get more than others. Who among us has not experienced this? If you should say, "I haven't", waite for you will get your turn soon enough. [ Post Comment ] Comment #4 posted by siege on November 04, 2004 at 12:38:20 PT Kerry won Ohio . Here's the facts. http://www.legitgov.org/index.html#breaking_news [ Post Comment ] Comment #3 posted by ekim on November 04, 2004 at 10:50:27 PT why people must vote for Med Cannabis Wheelchair Bound Patient Given Five Month Prison Sentence In New Zealand. As in Canada, Politicians and Judges Confuse Their Ignorance With Science and Their Cruelty With Justice. Posted by Richard Cowan on 2004-11-03 16:20:00 Source: Yates’s family fears for his safety in prison, because while he was in prison for cannabis cultivation in 1999, he was bullied and beaten up by other prisoners, who stole his food and even his prosthetic leg! http://www.marijuananews.com [ Post Comment ] Comment #2 posted by FoM on November 04, 2004 at 10:39:04 PT Off Topic Mrs. Edwards was diagnosed with breast cancer. I wonder if she thought something was wrong during the campaign and didn't say anything. It just goes to show us that you can be almost at the top of the world and then slide to a place where the only thing that is important is trying to stay alive. [ Post Comment ] Comment #1 posted by ekim on November 04, 2004 at 10:30:36 PT where are the moral leaders Comment #5 posted by Nuevo Mexican on August 03, 2004 at 09:25:01 PT Thanks for the link Kap! Look at this GCW! Somebody reads C-News! Kaneh-Bosm Bumper Sticker:http://www.cafeshops.com/zzco.12707245 http://www.zzco.org [ Post Comment ] Post Comment