Pubdate: Thu, 26 Sep 2013
Source: Michigan Daily (U of MI, Edu)
Copyright: 2013 The Michigan Daily
Contact: http://www.michigandaily.com/letters/
Website: http://www.michigandaily.com/
Details: http://www.mapinc.org/media/582
Author: Maura Levine
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

WEEDING THROUGH THE LAWS

The University is well known not only as a great school, but also for 
being in the quintessential college town of Ann Arbor. Ann Arbor is 
world-renowned for being a liberal hotbed of art, music and youth 
activity. It's also renowned for its unique and progressive local 
laws regarding the use, possession and distribution of marijuana.

Students proclaim, usually in a haughty, above-the-law manner, that 
they can light up a joint on the streets and receive consequences no 
harsher than a parking ticket -- but this isn't quite accurate. 
University students should be more careful in their use of marijuana 
in public and understand that law enforcement has legal loopholes 
that allow them to get students in trouble.

In 1969, the Detroit poet John Sinclair was imprisoned for giving 
marijuana to undercover police.

Citizens organized a freedom rally in Ann Arbor -- attended by John 
Lennon and Stevie Wonder at Crisler Arena -- to boycott Sinclair's 
imprisonment. Three days later, the state's Supreme Court voted 
Michigan's marijuana laws unconstitutional and ordered Sinclair's release.

A year later, the Ann Arbor government essentially voted to 
decriminalize marijuana. The city's charter it states that violations 
of possession, use or control of marijuana will result in no more 
than a civil infraction, which is a non-criminal violation.

This is similar to receiving a parking ticket.

In the city of Ann Arbor, a $25 fine is all you might receive for 
smoking marijuana in public.

But here's the catch.

The University does not operate under the charter of the city of Ann 
Arbor. As a public university, the University's land belongs to the 
state of Michigan, meaning students are subject to state laws and 
campus police enforcement if they are caught smoking on campus property.

Many people celebrate Hash Bash in the Diag in the spring, thinking 
they will get nothing more than a simple citation.

But last year alone, campus police made 16 arrests for possession of 
marijuana on the holiday.

In other words, if you're going to smoke in Ann Arbor, make sure 
you're not on campus property.

Actually, make sure you're nowhere in public if you choose to smoke 
marijuana. What so many students fail to realize is that the unique 
decriminalized marijuana laws in the city of Ann Arbor conflict with 
federal law. The distribution and possession of marijuana is still 
federally illegal and is prosecuted similarly in some regards to 
other drugs such as heroin, LSD and ecstasy.

There's no "accepted medicinal use," in federal laws, either, meaning 
the medical marijuana card you may possess means nothing to a federal officer.

In the eyes of the U.S. government, marijuana is still illegal.

Federal agents can (and will) still arrest you for the use, 
distribution or possession of marijuana and charge you criminally -- 
whether or not you are in the city of Ann Arbor. The only force who 
will honor the city ordinance is the Ann Arbor Police Department.

Contrary to common misconceptions, even if you are in the city of Ann 
Arbor and you possess a Michigan-issued medical marijuana card, 
you're still not invincible. Even medicinal marijuana is limited in 
Michigan. You can only have 2.5 ounces of usable marijuana or 12 
plants at one time. Furthermore, in an opinion by the U.S. Supreme 
Court in 2004 during the Gonzales v. Raich case, it was determined 
that the commerce clause allows the federal government to prohibit 
"local cultivation and use of marijuana, despite state law to the 
contrary." The Court decided that the marijuana market was national 
in scope and thus fell under Congress' jurisdiction. In other words, 
federal agents can always get you in trouble, no matter what city you 
are in or what kind of a medical card you possess.

Students need to understand the contradictory laws and jurisdiction 
issues if they so choose to use marijuana in Ann Arbor. We are lucky 
to live in such an accepting city with progressive laws, but we are 
still citizens of the United States. So before you light up in 
public, understand your rights and your legal limitations. The 
federal government holds final power in the area of marijuana, and 
they will exercise that right, despite the unnecessary target of 
harmless students.

The law is the law and when you choose to break it, you choose to 
subject yourself to the consequences -- student or not.