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Election Day 2004 - Municipal Marijuana Initiatives
November 3, 2004

Medical marijuana questions appeared on the ballot in three local elections this Election Day, two in cities that did not currently have laws covering patients and their caregivers.

Loss: Berkeley, Ca. - Measure R

In early returns, Measure R was trailing at the Berkeley polls. Measure R would revise Berkeley's existing medical marijuana laws. The initiative would remove the limit on how many plants patients can grow and possess, in accordance with state legislation and court rulings establishing personal need as a legal guideline. It would also set up review committees for medical marijuana dispensaries, allows the city to issue zoning certificates for them, and requires the city to take over the growing and distribution of medical marijuana if the federal government shuts the dispensaries down.

WIN: Columbia, Mo. - Proposition 2

This initiatve eliminates the possibility of any jail time for marijuana possession and reduces the maximum fine from $1,000 to $250 for up to 1.25 ounces. It also forbids the police from arresting adults on marijuana possession charges, and requires a summons to city court (not county or state prosecutors) instead. Drug convictions in municipal court do not bar students from receiving federal aid under the Higher Education Act.

WIN: Columbia, Mo. - Columbia Medical Marijuana Initiative

At press time, the Missouri Medical Marijuana Initiative was ahead in incomplete returns. Columbia's ballot initiative revises the city criminal code so that medical marijuana patients are not subject to "any arrest, prosecution, punishment or sanction." While it sets out specific illnesses that qualify for medical marijuana use, it also says any other serious condition for which a doctor has recommended cannabis is appropriate under the law. The Medical Marijuana Initiative also requires that all medical marijuana cases be referred only to the local prosecuting attorney and no other prosecutor.

WIN: Ann Arbor, Mich. - Proposal C

Voters in Ann Arbor passed Proposal C, the Ann Arbor Medical Marijuana act. It allows physicians to authorize their patients to grow and possess marijuana, bars punishment (including jail, probation or any other "rehabilitative measure") for qualified patients and creates an affirmative defense to prosecution.

Proposal C also changes the current law in Ann Arbor to lower the fine for the third and all subsequent marijuana offenses for non medical users to $100. These fines include possession, control, use, giving away or selling of marijuana.

WIN: Massachusetts Initiatives

Voters in 12 districts approved nonbinding public policy questions dealing with medical marijuana or removal of criminal penalties for personal marijuana possession by adults.



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