Comments on: Ann Arbor Council Focuses on Land Issues

By: ChuckL

ChuckL — Sat, 11 Dec 2010 21:56:54 +0000

John,

I agree that there are many stupid laws still on the books and it is too bad we cannot get a State Constitutional Amendment to remove laws when there is no conviction by a jury within a certain window of time.

By: John Dory

John Dory — Sat, 11 Dec 2010 18:34:07 +0000

@John Floyd and David Cahill:

You are technically correct, John, that federal law is supreme and that marijuana remains a Schedule I drug, which is the most dangerous class of illicit drug under federal law; this classification makes it more serious than cocaine and other controlled substances as a matter of law, but medical and legal experts have long criticized such a classification as unfounded. It is therefore illegal under federal law to purchase or sell marijuana despite state law to the contrary. An Act of Congress will be required to change federal law.

The situation now in Michigan is not very much unlike the situation in the Netherlands, where the Dutch government has laws on the books prohibiting the sale of marijuana for purpose of compliance with international treaty obligations, but those laws are not enforced. In fact, if the were enforced it has been said that the courts there would decline to convict in such a criminal prosecution based on de facto legalization arguments. One of Ann Arbor’s favorite proponents of marijuana, Mr. John Sinclair, moved to Holland a number of years ago to take advantage of those laws.

The fact that the U.S. Attorney General has made a pronouncement that those in compliance with state medical marijuana programs will not be prosecuted is not neccessarily permanent, David. He can change his mind or a successor attorney general may disregard such a policy; such a disregard is very likely if the Republicans take control of the White House in 2012.

There are many stupid and outdated laws contained in the U.S. Code and State of Michigan. It is illicit under Michigan law, for example to play cards with or use profanities in the presence of an American Indian. These are, of course, not enforced.

A question to be posited is when will the City of Ann Arbor and the local Chamber of Commerce embrace Hash Bash as an integral part of the city’s heritage and culture?

By: Dave Cahill

Dave Cahill — Fri, 10 Dec 2010 21:39:28 +0000

John, the US Attorney General has said that the feds are not going to prosecute people for marijuana if they are obeying the several states’ medical marijuana laws. So the feds have consented to these state programs. Hence, no nullification.

By: John Floyd

John Floyd — Fri, 10 Dec 2010 20:59:34 +0000

Since marijuana is still a Federal Schedule 1 drug, isn’t Michigan out of compliance with Federal law by having a medical marijuana statute? I’m not saying that the Feds are right, just that they have supremacy, and that States are now allowed to nullify Federal law (among other reasons, it is what the Civil War was about).

If it is OK for Michigan to nullify Federal law, why cannot cities nullify state law? For that matter, if states can thumb their noses at Schedule 1, what’s to prevent the re-introduction of involuntary servitude, or take away the vote from women? Whatever one’s views about medical marijuana per se, this seems like the wrong way to establish it.

By: Alan Goldsmith

Alan Goldsmith — Fri, 10 Dec 2010 19:14:52 +0000

1.The adoption of the full MVC came in response to a possible class-action lawsuit against the city.

2. The council formally adopted its rules for the coming year, without commentary. The rules included two revisions, which can be traced to the filing of a lawsuit by the Great Lakes Environmental Law Center in 2009.

3.Ream said that the people of Ann Arbor did want the council and the city attorney’s office to do things that are illegal, cautioning against any attempt by the Michigan Association of Municipal Attorneys to take over the state act. He noted that ACLU lawsuits have begun, and cautioned against Ann Arbor setting a bad example for other communities in the state.

No wonder the City’s legal expenses have gone through the ceiling.

By: Jack Eaton

Jack Eaton — Fri, 10 Dec 2010 17:17:25 +0000

Dave, thanks for another comprehensive report. One small correction, under “AHP: Council Deliberations” you mistakenly note “Sandi Smith (Ward 4)”. As you note elsewhere in the article, Council Member Smith represents Ward 1.

By: Spencer

Spencer — Fri, 10 Dec 2010 07:14:56 +0000

I think that instead of “an additional rule stipulating that they only use their government accounts for city council business. ” you meant “… use only their …”

The first implies that they cannot use their council email for non-council purposes (which may also be the case), whereas the second implies that they should not use any other email account for council purposes. This second meaning is supported by the new rule.

By: Libby Hunter

Libby Hunter — Fri, 10 Dec 2010 01:32:54 +0000

Lyrics I sang (on Youtube soon under my name) -

You better watch out
Don’t close your eyes
When you’re out of town, they slip things by
Dirty deals are coming to town

They’ve made their list
Checked it twice
Lots of goodies, to folks who treat them right
Dirty deals are coming to town

A sweetheart deal for We Care
To compost sewage waste
Special rules for developers
Heritage Row is coming back

You better watch out
Don’t close your eyes
Without any doubt, they slip things by
During holidays – who is on the take?

Lyrics which I didn’t sing:

You better watch out
They’re at it once more
Padding the figures, and then crying poor
City hall is at it again

You better watch out
The city has plans
To outsource our compost, it’s one of their scams
City hall is at it again

They say it’s losing money
They say it’s got to go
What happened to the millage fund
That’s supposed to help it grow?