Minnesota Supreme Court refuses to hear Marijuana Policy Project's medical marijuana appeal

In an outrageous order on August 24, the Minnesota Supreme Court denied the Marijuana Policy Project's petition for further review in our lawsuit to get the Minneapolis medical marijuana charter amendment on the city’s ballot. MPP fought to appeal the Minnesota Court of Appeals' ruling in June, which upheld the Minneapolis City Council's illegal decision to block the measure from going before the voters. In doing so, the City Council overruled the will of the more than 12,000 Minneapolis voters who signed petitions requesting that the measure—which would express the city’s support for medical marijuana—be put to a citywide vote.

This order marks the end of the line for our litigation, but that's no reason to stop fighting on other fronts. Please click here to write a letter-to-the-editor of your local papers, expressing your disappointment with the Minnesota Supreme Court's refusal to review the appeals court's decision—which curtailed the rights of Minneapolis citizens—and your outrage with the court's failure to reaffirm the right of Minneapolis voters to raise their voices at the ballot box. With just a few clicks, our automated system will allow you to send a letter to five media outlets throughout the state. We have also provided talking points for you to draw from, but please remember that your letter is more likely to be published if you personalize it.

Please know that we will redouble our efforts lobbying the legislature—when lawmakers return in February 2006—to make Minnesota the next medical marijuana state. In the meantime, we need to keep this issue in the public eye, so that legislators and community leaders will see the groundswell of support for medical marijuana patients in Minnesota.

Please speak out today.

The Minnesota Supreme Court's inaction ends a lengthy legal battle for MPP. Last summer, Citizens Organized for Harm Reduction (COHR)—an MPP-grant recipient—sought to place a medical marijuana charter amendment before Minneapolis voters. After COHR submitted more than the required number of signatures, Minneapolis Charter Commission Chair Jim Bernstein urged the City Council to block the measure from being placed on the ballot.

In response to the City Council illegally obstructing the amendment—by an 8-4 vote—MPP sued in state district court. The district court issued a baffling ruling that claimed, in part, that the amendment was unconstitutional because a previous medical marijuana bill had died in committee in the Minnesota Legislature. MPP then appealed the decision to the Minnesota Court of Appeals.

The appeals court ruling shockingly held that although the charter amendment would be enacted "to the extent permitted by State and Federal law"—which protects it from being deemed unconstitutional—placing the amendment on the ballot "would be an exercise in futility and a waste of much-needed municipal dollars." This does not change the fact that the only way the City Council can block a charter amendment is by determining that it is "manifestly unconstitutional." Since this amendment would not take effect until the state and/or federal law is amended, it is by no means unconstitutional—manifestly or otherwise.

And how does carrying out the will of over 12,000 of the city's voters waste municipal dollars? Simply put, it doesn't. The Minnesota Supreme Court was wrong to deny MPP's appeal, since it upholds the Minneapolis City Council's ability to silence the voice of the voters.

So please, take action today, and speak out against this disappointing setback both for seriously ill patients and for democracy.

Thank you for supporting the Marijuana Policy Project. Please forward this message along to your friends and family around the state, so that they can stand up for seriously ill patients in Minnesota.