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Volume Three V3 Issue 1 Santa Barbara Council votes to implement Measure P; City Attorney wants it clarified
Volume Three V3 Issue 1 Santa Barbara Council votes to implement Measure P; City Attorney wants it clarified
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Oaksterdam News
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| Santa Barbara Council votes to implement Measure P; City Attorney wants it clarified |
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| Written by Mikki Norris | |
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A month after Measure P passed with 66 percent support of the voters, making personal cannabis offenses Santa Barbara’s lowest law enforcement priority, City Attorney Steve Wiley convinced the City Council in closed session to allow him to seek “judicial clarification” on the measure’s constitutionality. Wiley is seeking this court action asking whether voters are limited from setting policy that effect such day-to-day police activities, and not directed at the initiative per se. “If the city attorney suggested Measure P was unconstitutional, then clearly he’s in the wrong profession. He should be in Hollywood, writing fantasy,” said Dr. David Bearman, a supporter of the measure. “We’re not saying don’t enforce the law; we’re saying make it a low priority. And elected officials prioritize implementation of the law all the time. Is he saying that’s not constitutional?” Showing deference to the strong vote of support, however, at the same meeting the mayor and city council also voted to go forward and appoint the required Community Oversight Committee to make sure the police are complying with the policy and the measure is implemented. According to Measure P, “The committee will be composed of two city residents; one criminal defense attorney; one civil liberties advocate; one medical marijuana patient; one medical professional; and one drug abuse, treatment, and prevention counselor, each of whom shall be appointed by the Santa Barbara mayor.” The police and public health departments, along with the district attorney’s office are invited to send a representative to the committee meetings as a non-voting liaison. Measure P’s oversight committee is charged with such tasks as developing a supplemental form for the police to complete in the event of an arrest, receiving grievances from the public for violations of the policy, issuing semiannual reports regarding number and kind of marijuana arrests, and analyzing the money and time spent on marijuana law enforcement. While proponents are secure that the measure is constitutional, they designed it to be “severable,” meaning that any invalid parts can be removed while leaving valid parts in tact. In addition, Councilmember Brian Barnwell suggested that he would introduce a resolution to the city counci in support of the policy, if the measure is found to be legally vulnerable, ensuring that the intent of the voters is respected. For more info on Measure P and other initiatives, visit taxandregulate.org. * Norris, a consultant to the 2006 California Cities Campaign, produces cannabisconsumers.org. |
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