Legal News

 

Attorney Jeffrey Hank is the man behind Coalition for a Safer East Lansing, whose goal is to legalize the use, possession and transfer on private property of up to one ounce of marijuana by adults 21 and over within the city of East Lansing. Hank says he turned in more than enough petitions containing enough validated signatures to get the issue on the November ballot well in advance of the deadline. But as of now, the issue will not be on the ballot because Ingham County Clerk Barb Byrum says the proposal has not met the necessary deadlines. Hank discussed the issue with Jo Mathis of The Legal News.

 

Mathis: Why are you so enthusiastic about this charter amendment?

Hank: I view cannabis prohibition as antithetical to American values. I’m a democrat. And it’s clear in this situation that supposedly “liberal” and “democratic” politicians, some of whom are unelected, are abrogating our most fundamental constitutional rights, the First Amendment, and the right to vote. Petitioning is one of the five fundamental freedoms of the First Amendment. As FDR said, "We must scrupulously guard the civil rights and civil liberties of all our citizens, whatever their background. We must remember that any oppression, any injustice, any hatred, is a wedge designed to attack our civilization."

Mathis: Did you expect it would get this complicated?

Hank: I believe the voters will approve the measure, as they have in every Michigan city that has voted thus far. Unfortunately, I did expect some push-back because East Lansing government has a reputation of being overly aggressive in raising revenue through fines in the 54-B court. But I never thought they would go to the lengths they have to disenfranchise voters. It’s shocking. 

Mathis: How do you gauge public sentiment on this issue?

Hank: Every city in Michigan has passed these initiatives when put before the voters. The average American doesn’t like government interference in their lives, and this is essentially a protest vote. I ran the campaign to legalize Lansing last year where we won with a 63% landslide, and we didn’t even have to run a substantive campaign. The idea sells itself. 

Mathis: You have said that in 11 other cities across the state, citizens with pro-constituent city clerks will be voting on this same issue, and that “only in East Lansing was democracy denied.” Can you elaborate?

Hank: I assisted the Coalition for a Safer Michigan and offered advice and moral support to other democracy activists across Michigan. In Saginaw, Port Huron, Onaway, Frankfort, Oak Park, Mt. Pleasant, Hazel Park, Lapeer, Clare, and Harrison, voters will vote on the same or similar language. The original language was developed by legendary activists Tim Beck and Chuck Ream, of Detroit and Ann Arbor, who mentored me in petitioning and passed some of the earlier laws. When I got involved there was a legal battle at the Michigan Supreme Court about the meaning of the word transfer in the Michigan Medical Marijuana Act so I suggested adding the term “transfer”, and later on “transportation” to “use” and “possession”, which are legal terms used in cannabis laws in Michigan. We’ve worked really hard to follow election law and also to change the law by petitioning, which in my opinion is the purest form of American Democracy because it involves face-to-face encounters with common folk on the streets, debate, argument, persuasion. It’s a great American tradition.

No other city clerk used similar disenfranchisement tactics to deny a vote. In Port Huron they also turned in petitions on July 29th, which is the date the Secretary of State’s calendar states is necessary to access the November 2014 ballot, and they will vote. So for the supposedly progressive City of East Lansing to violate First Amendment rights is really scandalous.

Mathis: If you had a magic wand, how would this country deal with the use of marijuana by teens? By adults?

Hank: I don’t want to see kids abuse any substance. It’s irrefutable that cannabis is safer than alcohol, tobacco, and many prescription drugs. Teens have always smoked cannabis and probably always will. We need to educate them to be responsible citizens. As for adults, I don’t think the government has any business telling adults how they can consume, farm, or trade cannabis. It’s a very useful plant that has benefited for humanity for over 10,000 years. I’d prefer to see repeal of cannabis and hemp laws and let the free market and freedom of choice prevail.

 

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