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Petition To Go To Voters

Vanessa McCray Traverse City Record-Eagle

Traverse City, MI Sept 4, 2005 -- Jay-walkers, beware.

A citizen-driven attempt to make medical-marijuana use the "lowest law enforcement priority" could be brought before city voters in November. City clerk Debbra Curtiss verified the signatures of 623 city residents who signed a petition to make marijuana possession, delivery or use by a medical patient the "lowest law enforcement priority of the city."

The signatures are enough to place the proposal before voters, Curtiss said.

Voters "have the right to set law enforcement priorities," said Tim Beck, executive director of the Michigan National Organization for the Reform of Marijuana Laws. If approved, the ordinance means the city should "start enforcing jay-walking," before it goes after medical marijuana use, Beck said.

"You better clean up a lot of other crimes and focus on that rather than sick people," he said.

The city commission Tuesday will consider its options regarding the request.

Assistant city attorney Karrie Zeits advised the commission either to enact the ordinance or place the issue before voters. Those are the options allowed by the city charter when a petition is certified.

Zeits said while she thinks portions of the ordinance are "most likely illegal," she is not completely sure.

"As a result of the lack of certainty, (it is) most prudent for the city commission to go ahead and take the action required by the charter," she said.

If voters were to approve the ordinance, the city could ask the courts to determine its validity, Zeits said.

Beck said he is "absolutely convinced" the ordinance is legal.

Laura Barber of the local Coalition for Compassionate Care filed the petition. She could not be reached for comment.

City commissioner Ralph Soffredine, a former city police chief, said he opposes the ordinance.

"I feel strongly about it, we have a hell of a time trying to deal with alcohol and now they are trying to make something else available," he said.

Medical marijuana ordinances have been passed in Ann Arbor and Detroit, Beck said. Ferndale voters will vote on a similar proposal in November.

In 1996, Traverse City voters rejected 2,455 to 1,766 a proposal to reduce penalties for marijuana possession. That proposal also was sparked by an citizen-driven petition.

Medical pot use would be low police priority.