Santa Cruz, Santa Barbara, Santa Monica to Vote on MMJ LLEP Initiatives on 11/7

Three cities to vote on local LLEP initiatives Nov 7: PDF Print E-mail
Written by Mikki Norris

Voters qualify reform ballot initiatives across California

Voters in the cities of Santa Cruz, Santa Monica, and Santa Barbara will have the opportunity to make a statement that it's time to stop wasting law enforcement resources investigating, arresting, and prosecuting adult marijuana users on election day , November 7. Committees in all three cities submitted enough signatures to qualify their lowest law enforcement priority for marijuana offenses initiatives (LLEP) for the ballots, and the city clerks certified the results. The respective city councils had the option to either adopt the measures directly into law or place them on the ballots for the voters to decide.
Quotation The respective city councils had the option to either adopt the measures directly into law or place them on the ballots for the voters to decide. Quotation
Bound by the duty of their office to uphold the democratic process, all of the councils voted to place the initiatives on the ballot.

Santa Cruz Citizens for Sensible Marijuana Policy (SCCSMP), the local sponsor of the Santa Cruz initiative, fought back a hostile impact report prepared by City Attorney, John Barisone, who questioned the legality of various aspects of the initiative. Using fear tactics that claimed the Council would violate local, state and federal laws by directing the police to set priorities, the city attorney presented several avenues to challenge the initiative prior to and post election. Armed with legal opinions prepared by attorneys who specialize in election law, the committee refuted each claim for the record.

“The City Attorney is trying to obstruct our constitutionally protected right to the initiative process,” said Andrea Tischler, chair of SCCSMP. “We submitted almost twice the amount of signatures required to get this initiative on the ballot. We urge the City Council to see to it that this initiative is put to a vote in the November election. Let's let the people of Santa Cruz decide.”

Ultimately, at the July 25 meeting the Council voted to place it on the ballot without challenge, and two Council members endorsed the measure, Tim Fitzmaurice and Emily Reilly, despite the city attorney's attempt to derail the effort.

Members of Santa Monicans for Sensible Marijuana Policy and Sensible Santa Barbara, the local sponsors for initiatives that are similar to Seattle's I-75 passed in 2003 (making marijuana intended for adult, personal use law enforcement's lowest priority) also addressed their respective councils on July 25.

LAW ENFORCEMENT FOR LOW PRIORITY — Jack Cole, director of LEAP, Law Enforcement Against Prohibition, encouraged Santa Monica City Council to lend its support to the local ballot initiative. Photo by Mikki Norris
LAW ENFORCEMENT FOR LOW PRIORITY — Jack Cole, director of LEAP, Law Enforcement Against Prohibition, encouraged Santa Monica City Council to lend its support to the local ballot initiative. Photo by Mikki Norris
In Santa Monica, Police Chief James T. Butts, who will be leaving the department to take a position with Los Angeles World Airports, prepared the initiative's impact report for the council. It is clear that the police are not pleased with the initiative that they claim will impede their ability to perform their duties by restricting investigations and pursuing nuisance calls.

The report incorporated questionable scenarios where the police would not be able to pursue smell complaints that often lead to the discovery of other crimes, and claims that the time and expense of reporting requirements would cost the city money to hire more officers. Other issues raised were that “personal use amounts” are not defined in the initiative and that hash and concentrates, felonies under state and federal law, are covered.

In an interview with the Santa Monica newspaper, the Argonaut (Aug. 3), a spokesperson for the Santa Monica committee, Luciano Hernandez, refuted the police department's concern: “It gives [the police] more time to focus on what's really important in the community,” Hernandez said.
Quotation “It gives [the police] more time to focus on what's really important in the community,” Hernandez said. Quotation


“There will be more resources to actually solve real crime in Santa Monica… Santa Monica citizens don't want our police to waste their time and our tax dollars arresting, jailing and prosecuting nonviolent marijuana users. I think the police will eventually come around to see our point of view. The initiative doesn't stop them from doing their job.”

The Santa Barbara impact report expressed similar concerns by the police that were addressed in the Santa Monica report. However, council members are bound by their duty to place qualified initiatives on the ballot, and both city councils voted to do so. Giving a boost to their local efforts, Santa Barbara Councilmember Das Williams and the publisher of the Santa Monica Mirror, a weekly paper, have come out in support of the local ballot measures. It remains to be seen if any efforts to challenge the initiatives will occur following the November election. In Oakland, threats to challenge Measure Z prior to the vote fell flat when voters turned out in strong support of it on election day.

Meanwhile, the committees are gearing up for their campaigns and are currently gathering endorsements and seeking volunteers for their get out the vote efforts. Vote for Lynette ShawA strong showing will help efforts for a state ballot initiative proposed for 2008.

For more information on the local initiatives, and endorsements, or to get involved, please check out the web sites: sensiblesantacruz.org, sensiblesantamonica.org, and sensiblesantabarbara.org.