Growing Split In Michigan Over Marijuana

Michigan Attorney General Bill Schuette has made it pretty clear he doesn't think much of the state's medical marijuana law, saying it is being abused by criminals.

Schuette, who took office last year, has drafted legislation to overhaul the law, making it strictly apply only to those who need it for medical treatment and not, as he contends, people who want to use the drug for recreation.

Different point of view

But some people in Kalamazoo seem to be moving in the other direction. City voters may consider a charter amendment instructing local police to treat marijuana offenses as the least important violation of law. In a letter to Michigan Gov. Rick Snyder, Schuette said the proposed charter amendment would have the practical impact of police not enforcing state law and likely cause lawsuits against the city.

"It is simply unfathomable that we would ask police officers to look the other way when a crime is being committed," said Schuette. "The amendment is illegal and will send the signal that random marijuana use is acceptable."

In the letter to Snyder, Schuette recommended that the Governor not approve the charter amendment, as is his option during the charter amendment review process prescribed in state law.

Citizens petition

The proposed amendment was not offered by Kalamazoo city officials, but rather is the result of a citizens petition process. Enough local signatures were obtained to place the amendment on the ballot.

But despite its democratic origins, Schuette said telling the local police force to de-emphasize certain crimes is not legal, since it undermines the power of local police to enforce state criminal laws.

Schuette said the practical impact of the amendment is likely to be that law enforcement simply does not enforce state law that makes it illegal for non-medicial marijuana patients and caregivers to be in possession of marijuana.

Immunization from prosecution?

This concern was also raised by the Kalamazoo City Attorney earlier this year when he said that passage of the petition could be seen as an attempt to extend the immunization from prosecution and law enforcement currently enjoyed by lawful medical marijuana patients and caregivers to the general population.

Schuette went on to note that if the proposed charter amendment is passed by local voters, the revision could indeed be challenged in court.