Stirring The Pot: Local Municipalities Influence On Prosecutorial Discretion

[t-pain]

interesting paper from toledo talking about the MMMA

http://www.utoledo.edu/law/studentlife/lawreview/pdf/v44n2/Steber_CorrFinal.pdf

 

STIRRING THE POT: LOCAL MUNICIPALITIES’
INFLUENCE ON PROSECUTORIAL DISCRETION UNDER
THE MICHIGAN MEDICAL MARIHUANA ACT (MMMA)
AND AN ULTIMATE CALL FOR REFORM OF THE
MMMA

Kelli R. Steber

 

UNIVERSITY OF TOLEDO LAW REVIEW [Vol. 44]

Regardless of the distinction between ambiguity and statutory silence, this
comment will explore how the lack of statutory language in the MMMA has,
nonetheless, created confusion pertaining to the legality of medical marihuana
dispensaries in Michigan. Furthermore, this comment will explore how the
poorly written MMMA has subsequently caused municipalities in Michigan to
enact ordinances that either limit or sustain prosecutors’ discretion. This has
been accomplished by protecting local medical marihuana dispensaries in
operation or banning their existence as a whole.

 

 

VII. CONCLUSION
Throughout the past 15 years, the number of states legalizing the use of
medical marihuana has steadily grown. This is projected to remain consistent in
the future, with “‘New York, Illinois, Delaware, South Dakota, … and Kansas
moving towards proposed legislation.”191 While the use of medical marihuana is
still illegal under federal law, states have been allowed to experiment in
regulating its use.192 However, in Michigan, municipalities have taken this
experimentation to another level regarding medical marihuana dispensaries due
to the absence of language in the MMMA. The municipalities have decided the
legality or illegality of the operation of dispensaries in the respective locality,
which directly influences a prosecutor’s charging ability. These outside

influences on a prosecutor’s discretion conflict with their ability to strive for
neutrality in their decision-making.193
By amending the MMMA to expressly address the operation of medical
marihuana dispensaries, municipalities in Michigan will no longer be able to
decide the legality of such operations. Additionally, and most importantly,
express language will help to alleviate the tension between the conflicting state
and local viewpoints in relation to the legality of medical marihuana dispensaries.
Legislators should strive to assist those responsible for enforcing the MMMA by
providing unambiguous statutory guidance. Not only will this lessen the
confusion, but it will also have the practical effect of providing “readily
identifiable and consistently applied criteria”194 to help prosecutors execute their
charging discretion.

[t-pain]

obviously this paper is a bit outdated, and the dispensary bill 4271 actually allows local municipal control, so pretty much the entire conclusion is moot hahaha.