Marijuana Policy Project

A Minneapolis group that supports the medical use of marijuana has lost its latest bid to allow voters to decide whether marijuana distribution centers should be established throughout the city.

The Minnesota Court of Appeals on Tuesday said the city was right in not including the proposal on the ballot last November, saying state and federal laws against marijuana possession and distribution would have made establishing the centers unconstitutional.

Neal Levine, director of state policies for the Marijuana Policy Project, which funded the lawsuit, said his organization plans to appeal.

"It's bunk," said Levine of the appeals court decision. "It's clearly constitutional."

It hasn't been a good week for proponents of medical marijuana. On Monday, the U.S. Supreme Court ruled that federal drug laws override state laws, mainly in western states, that legalize the medical use of marijuana.

The Minneapolis group, Citizens Organized for Harm Reduction, wanted the city to license and regulate medical marijuana centers throughout Minneapolis for patients who have been recommended medical marijuana by licensed doctors.

It obtained more than 12,000 signatures supporting the measure. After the Minneapolis City Council rejected their petition by an 8-4-1 vote, the group filed suit and lost in Hennepin County District Court. It appealed, seeking a special election. The Appeals Court denied that request, saying state and federal laws prevail over local charter provisions.

"Forcing an election would be an exercise in futility and a waste of much-needed municipal dollars," the court ruled.