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A judge has ruled that an effort to place a medical marijuana issue on the November ballot in Minneapolis is "manifestly unconstitutional."
Hennepin County District Judge Richard S. Scherer issued his decision late Tuesday, a day after hearing arguments in a lawsuit filed after the Minneapolis City Council refused to put the issue on the ballot. Scherer's decision supports the city's action, though an appeal is expected.
Last month, a local group called Citizens Organized for Harm Reduction gathered nearly 8,000 valid signatures on a petition demanding an addition to the city's charter that calls for setting up a medicinal marijuana distribution system. The amendment would take effect only if medical marijuana became legal at the state and federal level.
Scherer agreed with the city's argument that the amendment would be unconstitutional because it would conflict with state and federal law. He noted "it is clear that the proposed amendment seeks to legislate in areas where the city is preempted."
Moreover, Scherer ruled the home-rule city charter specifically prohibits residents from legislating by petition.
"The proposed charter amendment is an initiative cloaked as a charter amendment" and is illegal and improper, Scherer ruled.
The Washington, D.C.-based Marijuana Policy Project, which had underwritten the lawsuit, issued a statement saying it will appeal Scherer's ruling immediately and will request the case be referred to the Minnesota Supreme Court in order to get a final decision before November.
Neal Levine, the organization's director of state policies, said the City Council's actions essentially disenfranchised the thousands of people who signed the petition.
"The law, the facts and simple fairness are on our side," Levine said in a prepared statement.
Peter Ginder, acting deputy city attorney, said city officials are pleased by Scherer's ruling and are confident that the ruling will be upheld on appeal.
Pioneer Press
BY DAVID HAWLEY
https://www.twincities.com/mld/pioneerpress/news/politics/9673984.htm?1c
Hennepin County District Judge Richard S. Scherer issued his decision late Tuesday, a day after hearing arguments in a lawsuit filed after the Minneapolis City Council refused to put the issue on the ballot. Scherer's decision supports the city's action, though an appeal is expected.
Last month, a local group called Citizens Organized for Harm Reduction gathered nearly 8,000 valid signatures on a petition demanding an addition to the city's charter that calls for setting up a medicinal marijuana distribution system. The amendment would take effect only if medical marijuana became legal at the state and federal level.
Scherer agreed with the city's argument that the amendment would be unconstitutional because it would conflict with state and federal law. He noted "it is clear that the proposed amendment seeks to legislate in areas where the city is preempted."
Moreover, Scherer ruled the home-rule city charter specifically prohibits residents from legislating by petition.
"The proposed charter amendment is an initiative cloaked as a charter amendment" and is illegal and improper, Scherer ruled.
The Washington, D.C.-based Marijuana Policy Project, which had underwritten the lawsuit, issued a statement saying it will appeal Scherer's ruling immediately and will request the case be referred to the Minnesota Supreme Court in order to get a final decision before November.
Neal Levine, the organization's director of state policies, said the City Council's actions essentially disenfranchised the thousands of people who signed the petition.
"The law, the facts and simple fairness are on our side," Levine said in a prepared statement.
Peter Ginder, acting deputy city attorney, said city officials are pleased by Scherer's ruling and are confident that the ruling will be upheld on appeal.
Pioneer Press
BY DAVID HAWLEY
https://www.twincities.com/mld/pioneerpress/news/politics/9673984.htm?1c
