The 1986 policy used to block the petition has NEVER BEFORE BEEN USED.
This is why we need a Supreme Court decision declaring the prohibition of Marijuana unconstitutional. The prohibition itself leads to the violation of the constitution in countless other ways, and assures that money will flow to organized crime. All we need do is obey our constitution to cut the “war on drugs” in half overnight. Common sense, rather than special interest inspired regulation of genuine commerce would then have to be enacted. An example is that one ought not use carcinogenic chemicals in growing medicinal weed for sale. But again, the states never gave the federal government the power to prohibit growing ones own weed and smoking it. The federal government simply took this power, and justified it on the basis of their power to tax and regulate commerce, which are among their enumerated powers. They had to change the constitution to prohibit alcohol, and even then never prohibited making ones own beer and drinking it at home. The prohibition is a constitutional absurdity that has perverted our public offices beyond belief and in numerous ways. Only people who do not understand the issue, or else lie, are permitted to hold public offices. So we have cultivated liars and corruption in our polity, and all we have to do to be rid of this corruption is, like Dorothy, click our heels and obey our Constitution.
The following post was sent out by MI Legalize:
MILegalize has filed a 48-page, six-count complaint and 26-page emergency motion against various agencies of the State of Michigan for refusing to count the 354,000 signatures submitted by MILegalize to place the Marijuana Legalization, Regulation, and Economic Stimulus Act on the November 2016 ballot.
The State defendants are using a never-before utilized 1986 policy as an excuse not to count the signatures. This policy would require MILegalize to collect almost double the amount of signatures required to make the ballot by requiring affidavits from every signor of the petition whose signature was more than 180 days old- 200,000+ people- or, local clerks could certify the signatures as valid.
But that doesn’t work for a lot of reasons: local clerks have no legal obligation to verify the signatures, they have never done it before, have never received any training or money to do so, and even the Bureau of Elections stated clerks did not have to verify the signatures.
For these reasons, and more, the 1986 policy is impossible to comply with– they may as well have asked MILegalize to turn in a unicorn or find Bigfoot to qualify for the ballot.
The MILegalize legal team, which consists of six attorneys working on the case in consultation with many more attorneys behind the scenes, prepared a suit which MILegalize filed which seeks declaratory and injunctive relief to enjoin the state from using the 1986 policy; it asks the Court to declare the policy and two other election laws as unconstitutional; and asks the Court to order the Bureau of Elections to begin counting MILegalize’s signatures.
The case was filed in Michigan’s Court of Claims on June 17th, and MILegalize is currently waiting on the State’s reply or for the Court to issue an emergency ruling.
Rest assured, MILegalize will fight for the inclusion of every valid Michigan voter who signed the petition. We are fighting for more than just better cannabis laws, we are fighting for the heart and soul of our democracy. We will not quit.
At the same time we engage in legal action to protect the rights of Michigan voters, we continue to campaign for the November election and need your help educating Michigan voters about the initiative. Our enemies may be trying to keep us bogged down in court so the public does not get informed of the details of the campaign as much as they would if we had already qualified.
A typical statewide ballot campaign requires $3-$10 million dollars for media advertising and get-out-the-vote resources. MILegalize is not a typical campaign and we can achieve victory without the resources of a typical campaign, but we still need your help to win.