MEASURE Z WOULD EASE POT USE LAWS

Supporters Hope Oakland Initiative Would Set a Precedent For State

OAKLAND -- After San Franciscans legalized medical marijuana in 1991,
voters statewide followed suit five years later.

Backers of Measure Z, the Oakland Cannabis Initiative, hope it will
have the same effect.

The measure would put Oakland at the forefront of efforts to
decriminalize adult, recreational pot use statewide.

It makes private adult marijuana offenses, including possession, sales
and cultivation of the herb, the lowest priority for Oakland police.
And it directs the city to set up a system of taxation and regulation
as soon as state law allows it -- which is largely symbolic and,
according to the city attorney's office, unconstitutional for
technical reasons.

Supporters say it will free up law enforcement resources to combat
more serious crimes, give marijuana patients and their caregivers
additional protection, take marijuana out of the hands of violent drug
dealers and eventually, when and if state law changes, fatten the
city's budget with new sales tax revenues.

Most people believe the war on drugs has been a failure, said Judy
Appel, legal director for the Drug Policy Alliance Network, a national
group with offices in Oakland. "Where do we want our enforcement
dollars spent -- on violent crimes or adult marijuana charges?"

A September poll of 400 likely voters commissioned by the group
pushing the measure found 65 percent supported it. The poll, by
respected San Francisco firm David Binder Research, also found 70
percent of those surveyed supported legalization of pot.

The Opposition

But opponents say the measure is about more than adults
taking a few bong hits in the privacy of their homes. They worry its
broad language would turn Oakland, already beleaguered by a thriving
drug trade that draws customers from the suburbs, into a statewide
center for the profitable business.

They say police already are spending few resources chasing marijuana
users, and have developed a good relationship with the medical
marijuana community. The measure could jeopardize marijuana patients
by attracting federal agents, they argue.

"Whether or not you believe pot should be decriminalized, making one
city the hub of sales, cultivation and distribution doesn't make
sense," said Councilmember Danny Wan (Grand Lake-Chinatown). "I could
personally care less about people smoking in their own homes, and I
might even support a statewide law. But this is about the industry of
marijuana growing, and many people selling drugs aren't going to just
have one kind."

Although it doesn't cover underage users or allow street sales,
opponents say the measure would make them harder to control.

"I don't know how you can contain it in that way," said Fran
Matarrese, a community activist in the Fruitvale district. "I've seen
so many kids in the neighborhood get involved in drugs, and get in
deeper and deeper."

Joe DeVries, former chief of staff to Alameda County Supervisor Nate
Miley and the main author of the measure, said Wan's fears are
unfounded. He says an advisory panel of citizens and law enforcement
set up after the measure passes will draft reasonable policies to
implement it. Large-scale commercial sales wouldn't be covered, he
said.

"I think it's silly to suggest every drug dealer in the country would
move to Oakland," said DeVries, campaign manager for the Oakland Civil
Liberties Alliance. "We'll come up with a sensible way to implement
it."

DeVries said he left the measure deliberately broad, so as not to tie
the council's hands in implementing it.

Test Case

He and Richard Lee, a medical marijuana advocate and owner
of the SR71 and now-defunct Bulldog cannabis cafes came up with the
idea, which is why they are using Oakland as the test case. The idea
is that it's far less costly to do a local measure than a statewide
initiative, and the expectation is it will have a snowball effect.

Measure Z is inspired by a measure passed by Seattle voters last year.
It made adult personal marijuana use the lowest law enforcement
priority, and, contrary to the fears of opponents, has not led to an
influx of dealers or heavier use by minors, according to news reports.

But Measure Z is broader, since it applies to all adult offenses,
including cultivation, distribution and sales.

Wan and Councilmembers Larry Reid (Elmhurst-East Oakland) and Ignacio
De La Fuente (Fruitvale-Glenview) oppose the measure, along with Mayor
Jerry Brown, the Chamber of Commerce leadership and several prominent
community leaders, such as Bishop Bob Jackson of Acts Full Gospel Church.

Councilmembers Desley Brooks (Eastmont-Seminary) and Nancy Nadel (West
Oakland), along with state Sen. Don Perata, D-Oakland, and Alameda
County Supervisors Nate Miley and Keith Carson, support it, as do some
community leaders and national drug reform groups.

"I think this reflects what the vast majority of residents want to see
happen," Brooks said. "I think (Wan) is spreading the politics of
fear, and I don't think you can jump to the conclusion this will lead
to more dealers coming into the city."

Police Statistics

Both sides use police statistics to bolster their
cases. According to Oakland police, there were 564 marijuana-related
arrests in the city during 2003. That's about 13 percent of the 4,267
total drug arrests.

Of those, 138 were for possession, a misdemeanor charge that carries a
fine. The rest were for possession with intent to sell or marijuana
sales, both felonies. There were just five arrests for
cultivation.

In 2002, about 17 percent of the 5,550 drug arrests were for marijuana
offenses. And in the first six months of 2004, 89 people were busted
for pot possession, and 326 for sales or intent to sell.

Many of the sales arrests occurred during buy-bust stings on the
street, and few were in private homes -- unless police were there for
another reason, authorities said.

"I don't think this is something the city needs," said Police Chief
Richard Word. "We've been very compassionate with medical marijuana.
We spend our time responding to community complaints about drug sales.
They don't know which drugs are being sold. They just see a lot of
traffic into a house or corner. It's often more than one drug."

In California, possession of less than an ounce of cannabis carries a
fine up to $100, and more than an ounce carries a fine of up to $500.

If prosecutors pursue a charge of possession with intent to sell --
which must be backed up with evidence of packaging or observation of
transactions taking place -- it's a felony leading to jail time.

It's those types of offenses that concern DeVries. Marijuana users or
even medical growers caught up in such a charge must spend money
defending themselves, and the government spends money prosecuting and
incarcerating them.

DeVries cites justice department statistics showing 5,663 marijuana
arrests in the city between 1999 and 2000, which he says is not an
insignificant number.

"We want to take marijuana out of the hands of street dealers, which
is where the violence occurs, and ultimately tax and regulate it," he
said.

National funders have stepped up, most notably the Washington,
D.C-based Marijuana Policy Project, which contributed $80,000. Through
September, the Measure Z campaign had raised $154,500, and spent $110,000.

Other large donors include local businessman George Zimmer, chief
executive of the Mens Warehouse, who gave $15,000; the state branch of
the National Organization to Reform Marijuana Laws (NORML), which gave
$3,300; and Richard Lee, who gave $5,250.

The city attorney's office has pointed out that two portions of the
measure are unconstitutional, because they don't directly create or
change laws -- a requirement for initiatives. Those provisions are for
the city to license, tax and regulate marijuana sales if state law
changes, and for the city to lobby the state for those changes.