Pubdate: Thu, 16 Nov 2006
Source: Santa Barbara Independent, The (CA)
Copyright: 2006 The Santa Barbara Independent, Inc.
Contact:  http://www.independent.com
Details: http://www.mapinc.org/media/4348
Author: Ethan Stewart
Cited: Measure P http://www.sensiblesantabarbara.org
Cited: Marijuana Policy Project http://www.mpp.org
Bookmark: http://www.mapinc.org/find?115 (Marijuana - California)

Cloudy Future

THE CONTENTIOUS REALITY OF MEASURE P

Flying in the face of federal drug laws, nearly 17,000 Santa Barbara 
City residents hit the polls last week and voted to make 
marijuana-related offenses the "lowest priority" of the Santa Barbara 
Police Department. Thanks to this effort, the appropriately named 
Measure P passed with a resounding 66 percent of the popular vote. 
Strongly opposed by local law enforcement, however, the measure seems 
destined for at least one more showdown before it can become a 
reality, as the City Council has requested a closed-door meeting with 
City Attorney Steve Wiley to discuss the various legal implications 
of the pro-pot directive and the possibility of an appeal.

When asked what a Measure P reality will mean for our local cops and 
residents who indulge in the occasional toke, Lt. Paul McCaffrey 
commented this week, "We don't know how it's going to affect us, and 
I'm not sure anyone in Santa Barbara knows either."

But residents of other parts of the country know full well, as 
similar measures have been passed in such places as Seattle, Oakland, 
and Columbia, Missouri, since 2003. According to Seattle City 
Attorney Tom Carr--who is an outspoken critic of the initiative--the 
measure has made "very little difference" for city residents, as 
adult pot-related infractions were low both before and after 
Seattle's Measure I-75 passed.

However, the numbers indicate that pot arrests were reduced by 
two-thirds, going from 178 citations in the year before the measure 
passed to 59 the year after.

Where Carr feels the measure has left its mark is in the 
"administrative headache" involved in monitoring the initiative.

McCaffrey predicts a similar fate for Santa Barbara cops should the 
measure stand as it is currently worded; it now requires officers who 
cite adult offenders to submit a memo justifying their actions to an 
oversight committee.

But of even greater concern to Santa Barbara cops is the worry that 
the measure might hamstring their policing duties and prevent them 
from fulfilling their obligations to local residents. McCaffrey 
pointed to situations in which criminal activity is reported, but the 
only incriminating evidence on the scene is marijuana. McCaffrey has 
"concerns" about what officers will now be able to do to curb the 
reported illegal behavior in these situations, which frequently 
involve homeless people in public places.

But San Francisco narcotics Captain Timothy Hettrich had a different 
view, testifying recently before his City Council--which is set to 
vote on a similar measure this week--"This [lowest-priority 
initiative] does not tie our hands at all" since it does not change 
any existing laws.

Policing aside, to the folks at City Hall--including Mayor Marty Blum 
and City Attorney Wiley--the biggest potential problem with Measure P 
is one of "constitutionality," as it directly conflicts with state 
and federal law. However, the 2003 initiatives of other cities have 
all survived, and on last week's election night similar measures 
passed in Santa Cruz; Santa Monica; Missoula, Montana; and Eureka 
Springs, Arkansas. "The city has no obligation to enforce federal law 
at all. Besides, the measure doesn't say you cannot enforce a 
specific law," explained Bruce Mirken, spokesperson for the Marijuana 
Policy Project, an Oakland-based nonprofit that provided substantial 
funding for our local pro-Measure P movement.

Mirken added that while the initiative does give adult pot smokers a 
small amount of protection, it "certainly doesn't provide an absolute 
guarantee that you aren't going to be arrested or cited." After all, 
no matter what the fate of Measure P may be, smoking ganja is still 
against the law in Santa Barbara unless you have a medical prescription.

With city councilmembers and Wiley slated to have their private 
meeting in early December, both supporters and opponents of Measure P 
seemed resigned to a wait-and-see attitude.

Lara Cassell, one of the chief organizers of the petition drive that 
got Measure P on the ballot, said her group has not met with the City 
Council since election night but added, "We think the voters of Santa 
Barbara sent a pretty clear message, and we look forward to working 
with the council [in the future]." For the SBPD's part, McCaffrey 
said the issue ultimately is for "the city and their attorney to 
decide." Despite the department's concerns, McCaffrey vowed, "We are 
going to follow the laws and what we are told to do." 
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MAP posted-by: Richard Lake