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.