The Michigan Daily Vol. LXXXVII, No. 25-S Ann Arbor, Michigan-Wednesday, June 8, 1977 Ten Cents Twelve Pages State court decision leaves city dope law in jeopardy t By PAUL SHAPIRO A State Court of Appeals rul- ing on Ypsilanti's five dollar marijuana ordinance may cause Ann Arbor pot smokers to be slapped with severe state penal- ties, rather than a $5 fine, if arrested for possesion of mari- juana. The State Court of Appeals yesterday declaredaunconstitu- tional portions of an Ypsilanti city ordinance, which required police officers to file, marijuana complaints with the city attor- ney. The Cotrt said restricting police to the city ordinance con- stitutes preventing them from enforcing existing state law and that such action is improper and cannot be done. THlE RULING leaves pot laws in both Ypsilanti and Ann Arbr in a nebulous state. According to Ann Arbor Police Chief Walter Krasny, "it is my interpertation law implies that it is a discretionary matter for the police officer as to where he will take the prosecution. "I think the ruling is aimed at large quantities or sales, rather than the small user," he added. KRASNY SENT out an order late yesterday that there would be no change in enforcement policy pending guidance from C i t y Administrator Sylvester Murray. Murray was not avail- able for comment. Ypsilanti Police Chief Elwood Dethloff said at first glance the ruling would put state law first and w Ypsilanti city ordinance second. "We enforce the law as the courts direct and if this is what they're saying, we'll start enforcing the state marijuana laws." Dethloff added he would confere with Ypsilanti City At- torney Ronald Egnor today to determine the immediate effect of the decision on the Ypsilanti ordinance. - The Appeals Court ruling was spurred by a controversy involv- ing the Ypsilanti Police Officers Association, Fourteenth District ,Court Judge Thomas Shea, and Circuit Court Judge Patrick Conlin. Shea had ruled that city police were correct in taking a marijuana possession case un- der state law. Conlin reversed Shea's decision, stating that Ypsilanti residents had voted in the $5 ordinance and that law must be observed. Prosecuting Attorney William Delhey then appealed Conlin's ruling and yesterday's decisison resulted from that appeal. Present state law provides a See DOPE, Page 9 Council approves airport building funds By GREGG KRUPA In the wee hours of the morning yesterday, Ann Arbor City Council passed a resolution providing funds-for this year's airport construction and defeated a resolution which would have estab- lished a Senior Citizens' Advisory Committee. The community would have advised the Council on "matters and issues regarding the needs, welfare and objectives of our elderly population." The total estimated cost of the airport construction project is $1,188,150, which will be shared by the federal government, ($840,- 150), the state government, ($165,00), and the city, ($183,350). THE CONSTRUCTION at the Municipal Airport includes re- construction of the main runway, taxiways and terminal apron; construction of a runway warm-up pad; installation of security See COUNCIL, Page 9 Farmers offered room to grow By DENISE A. FOX If yot are one of the many peopie who want to plant fresh vegetsbles or plant flowers this s,-mmnr, bit have no available lnad, don't despair. Yom can purchase your own plo' of land, for only ten dollars, from Project Grow, a non-profit organization. "WE H A V E 11 different plots," said Ken Nicholls of Pro- ject Grow. "There is a capacity for about 900 different garden plots, and around 3,500 people in Ann Arbor or close by take ad- vantage of it." The land, according to Nic- holls, is "tilled in the fall, plow- See LOCAL, Page 9 Daily Photo by CHRISTINA SCHNEIDER THS MOTHER and son are only two of the many persons who wilt tilt their own soil in a part of Project Grow. Under the project, participants pay a $10 fee and are given a small plot of land to 'farm' as their own. Dmily Photo by ALAN BILINSKY When the bough breaks This once stately elm in front of Hill Auditorium is now on its last limbs, so to speak. University crews will chop the tree down today.