Court: Pot law should have been on Detroit ballot

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Posted: 02/10/2012

(AP) - The Michigan appeals court says a judge illegally blocked Detroit voters from considering whether to ease penalties for possession of marijuana.

In a 2-1 decision, the court says the city clerk had a "clear legal duty" to put the question to a vote as long as enough petition signatures were submitted.

Detroit officials refused to put the proposed law on the 2010 ballot because they said it would conflict with state law. A judge backed them up.

The ballot proposal would have dropped penalties for people 21 or older who possess less than an ounce of marijuana on private property in Detroit.

The appeals court acknowledged Friday that marijuana possession still would be illegal under Michigan law even if the Detroit ordinance passed.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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