S.F. LAW WILL NEUTRALIZE POT PROSECUTIONS

SAN FRANCISCO - An ordinance to put marijuana infractions somewhere
below spitting on the sidewalk on San Francisco's law enforcement
priority list is slated for a vote after its language was changed to
give police discretion to investigate marijuana offenses that may
pose a risk to public safety.

But a neighborhood group that cried foul over the proposed
ordinance's first inception has not dropped their opposition.

The ordinance, introduced by Supervisor Tom Ammiano on Aug. 15, would
officially make marijuana possession, sales and cultivation San
Francisco's lowest law-enforcement priority, with exceptions for
driving while impaired, selling marijuana to children and endangering
public safety. It would also create a seven-member advisory community
oversight committee to monitor implementation.

But a small group of neighbors calling themselves the Fair Oaks
Community Coalition is making a big noise over the legislation, which
Ammiano's office characterized as little more than a policy statement.

"It's essentially a drug dealer protection act. It revokes the MCD
(medical cannabis dispensary) legislation and sidesteps zoning
restrictions that are in place," coalition member Veronica Gaynor said.

The Fair Oaks group contends that the legislation, which does not
impose a limit on the number of plants residents can grow, flies in
the face of zoning laws put in place this year that limit the number
of plants grown at medical cannabis dispensaries. They also claim it
will give organized drug cartels a safe place to grow and sell the
drugs that fund their violent operations.

But Ammiano's office contends that the ordinance would not pre-empt
the planning code. Any zoning ordinances already on the books
concerning marijuana cultivation would continue to be enforced,
according to the supervisor. The law would also allow police to
investigate potentially violent or unsafe sales and growing operations.

Ammiano said he asked a police captain to help craft language in the
draft ordinance that would allow police "to effectively investigate
grow operations and to combat criminal activities associated with the
sale and distribution of marijuana."

The legislation specifically prohibits selling, growing or consuming
marijuana on public property or in public view, but San Francisco
Police Officers Association President Gary Delagnes said increased
demand because of the legislation would nevertheless increase street
drug sales because the prices are higher in marijuana clubs. The
legislation would also compel San Francisco to refuse federal funding
for marijuana enforcement, which Delagnes said would be a mistake.

San Francisco passed legislation in 1978 ending marijuana arrests and
prosecutions. Since then, a number of pro-marijuana policy statements
have passed the Board of Supervisors, but none have been legally
binding. Ammiano's office claims the proposed legislation would
simply eliminate the gray area between what is a crime and what isn't.

The proposed ordinance goes before the Board of Supervisors' City
Operations and Neighborhood Services Committee today at 1 p.m.