'Pot' Ruling Creates 'Haze'

State Atty. Gen. Frank J. Kelley's opinion regarding the power of cities to adopt marijuana ordinances has caused considerable confusion in certain quarters. Most agree that Kelley's opinion upholds Ann Arbor's ordinance which was passed Monday night, while others view the opinion as invalidating the local document. Basically, Kelley said cities do have the right to pass marijuana ordinances. Causing the confusion was a statement by Kelley that the local units adopting such ordinances must include a statement identifying a local problem to justify the ordinance. City Attorney Jerold Lax expresses no concern about this aspect of the attorney general's opinion. He believes there is a likelihood the ordinance would stand as adopted without added wording defining a peculiar local problem. When the ordinance came under initial consideration by Lax's office, he said "it appeared to us in considering this ordinance the question might arise about the power of a city creating a misdemeanor in a case where the state had already made it a felony." Noting he has not actually seen Kelley's opinion, Lax said his understanuing is "he (Kelley) says the city does have the power to pass such an ordinance . . ." Lax said this was the major hurdle to be cleared in the attorney general's office. Lax said if it is necessary to make a statement in the ordinance that it was passed because of a local problem "this would be fairly easy." He noted the council discussed the ordinance extensively and a brief summation of this discussion would suffice. "The only relevant legal question to me was whether the city had the power to enact such an ordinance," Lax concluded.