LAYING DOWN MARIJUANA LAWS

DOWNTOWN With so-called 'headshops' selling water pipes and bongs, a
frequent waft of marijuana in the Santa Ana winds and the city's
liberal legacy, visitors to Santa Monica could hardly be blamed for
thinking marijuana is legal within the city's borders.

"What's legal and what's not?" asked Marsha Tyson, owner of The Spot,
a store selling water/tobacco pipes on Broadway.

In November, 67 percent of voters passed Proposition Y, automatically
implementing an ordinance that made certain crimes involving adults
over the age of 21 who illegally use marijuana the lowest priority of
the Santa Monica Police Department. Similar initiatives passed in
Santa Cruz and Santa Barbara in November.

Tyson said she has come across people who aren't exactly sure whether
the ordinance means that marijuana use is legal or not.

Sitting in her store on Friday, Tyson said she assumed the ordinance
meant that marijuana was still illegal, considering it's illegal in
the United States. She supported the proposition, believing there are
more important things that police officers can do with their time and
feels that smoking the cannabis sativa plant should be legalized.

"I'm not sure if it gives the perception that [marijuana is
legalized]," said Mikki Norris, consultant with the campaigns that
supported the measures in Santa Monica, Santa Barbara and Santa Cruz.
"It might no longer give them the fear of arrest if they are using
marijuana in private."

The measure prohibits the Santa Monica Police Department, whose
Police Officers Association [POA] spoke out against the ordinance,
from working with state and federal agents on activities that involve
enforcement of marijuana laws. It also prevents the SMPD from
accepting federal funds related to enforcement activities.

"It takes away the ability for law enforcement to effectively do
their jobs and the service we provide to the community," said POA
Chairman Jay Trisler on Thursday.

Contrary to claims before the election, the POA does not plan to
challenge the passage of the ordinance.

Still, Trisler feels the law is very ambiguous in the way it is
written since it does not clearly define "personal use." The law does
not apply to anyone under the age of 21 or marijuana use on public
property or in situations involving DUI.

Santa Monica Police Chief Tim Jackman, who just began heading up the
city's police force last month, said the ordinance doesn't really
change anything, since actively seeking marijuana smokers was always
a low priority in Santa Monica.

"If someone is complaining about an act that is illegal in the state
of California, of course we'll respond to that complaint," said Jackman.

Similar laws have been in place in cities such as Oakland, Seattle,
Wash., and Missoula, Mont. Ordinances there have not shown negative
effects and have even been embraced by city officials who were
originally opposed to the idea, Norris said.

The Oakland City Council considered challenging the passage of the
ordinance in 2004, but decided against it, feeling it would be
counterproductive to challenge the voters since 65 percent had
approved the ordinance. Norris, who was the consultant to Santa
Monicans for Sensible Marijuana Policy, which pushed for the
ordinance, hopes that officials in Santa Monica will follow suit.

"We're hoping that since it was such a strong vote of the people,
they will implement the will of the voters," she said.