High Times, Low Crimes

ADVOCATES, CRITICS ARE FIRED UP ABOUT POSSESSION PETITION

A group of Santa Monicans wants to make it easier for adults to smoke
marijuana in their own homes without fear of being arrested.

Santa Monicans for Sensible Marijuana Policy is gathering signatures
from registered voters to place a measure on the November ballot that
would require the Santa Monica Police Department to make
investigations, citations, arrests, property seizures and
prosecutions for private, adult marijuana use the lowest law
enforcement priority.

The proposed measure would prohibit police from working with federal
officials investigating adult marijuana use, and the SMPD would be
required to file a report with the City Council within seven days of
an arrest, citation or seizure for any adult marijuana offense. Those
who feel officers violated the lowest priority measure would be able
to file a grievance with City Hall.

The proposed measure would not apply to the public use of marijuana
or when someone is caught driving under the influence. "Adult" means
someone who is over 21 years of age, proponents of the measure said.

"This has nothing to do with legalizing marijuana, but rather it
gives the residents of Santa Monica the power to control their own
drug enforcement policies and make sure resources are being spent on
the most serious of crimes," said Kelsey Nunez, cotreasurer of the campaign.

"With more people in jail for non-violent, misdemeanor marijuana
offenses than any other civilized country in the world, it is evident
that the war on drugs is not working," Nunez added. "The federal
government has refused to change and has instead stepped up the
prosecution of those who use marijuana for medicinal purposes. Since
they refuse to change, we are trying on the local level."

The effort here is being mirrored in other cities across the state,
including West Hollywood, Santa Barbara and Santa Cruz, as part of a
larger campaign by the National Organization for the Reform of
Marijuana Laws, which seeks to decriminalize marijuana use by adults.
The cities of Oakland and Seattle have already passed a law similar
to the proposed Santa Monica measure, Nunez said.

SMPD Chief James Butts and the Santa Monica Police Officers
Association are strongly opposed to the measure. Butts is concerned
it would weaken an officer's ability to sniff out more serious crimes
if they were unable to investigate incidents of marijuana use.

"This initiative is unworkable," Butts said. "There's no way to
establish what lowest priority means. Does that mean if someone
complains of marijuana use, we can't respond if there is another call
on the board? This is just bad public policy."

Butts said in recent weeks, officers were able to arrest suspects for
growing large quantities or marijuana or who were in possession of
harder drugs because the officers smelled the presence of pot. If the
measure were to pass, Butts said those arrests may not have been possible.

Butts said even if the measure is approved, he will not enforce it
unless it was upheld by "a court with confident jurisdiction."

"I don't believe this is lawful," Butts said.

Sgt. Greg Smiley, president of the officers' association, said police
officers are prepared to campaign against the measure if it qualifies
for the ballot. "We'll spend the money if we have to," Smiley said.

"We've got to let people know this is a bad thing for officers and
for the public." Smiley said the measure is flawed in that it does
not properly define personal use. The measure also includes "all
parts of the cannabis plant S (and) resin extracted from any part of
the plant," which Smiley said includes hash and hash oil, the
possession of which is a felony.

There is also concern from officers about the oversight component of
the measure, which would require officers to spend more time
preparing reports instead of being out on the street.

Nunez said officers have contacted her about the measure and the
oversight requirement, however, proponents of the measure believe "it
is the appropriate level of local governance" and have no plans to
remove this requirement.

"We have respect for law enforcement," said Nunez, who doesn't smoke
marijuana. "All we are saying is that the people of Santa Monica want
law enforcement priorities shifted away from adult marijuana use.
Police resources could be better allocated towards serious criminal
offenses instead of wasting billions of dollars ever year on locking
up law abiding citizens whose only crime is to smoke marijuana."

In order to be included on the November 7 ballot, the measure's
proponents will need to collect at least 5,580 signatures, which is
10 percent of the 55,801 registered voters living in Santa Monica,
according to the City Clerk's Office. Nunez said supporters are
aiming for 8,000 signatures, "just to be safe." Nunez expects the
signatures to be turned into the City Clerk's Office sometime this month.

Those looking to add their name to the list can do so by contacting
Nunez at sensiblesantamonica@gmail.com.