Cities implement cannabis- friendly ‘LLEP’ measures

Last fall, voters in three California cities approved measures designed to reduce cannabis arrests and save money.

Santa Barbara Mayor Marty Blum has selected the city’s first oversight committee mandated by Measure P, the Lowest Law Enforcement Priority for Marijuana Offenses (LLEP) initiative following interviews with applicants that were held at the end of February. While she and the city council authorized the city attorney to seek “judicial clarification” of the measure, they also voted to go forward and create the oversight committee that monitors compliance with the policy.

Despite concern that their opposition could pose a threat to the composition of the committee by selecting members who reflect their negative views of the policy, the mayor selected many allies of Measure P. Well-known doctor and medical marijuana proponent, Dr. David Bearman, was selected to fill the medical professional seat on the committee. The criminal defense attorney’s seat went to Joe Allen who was an endorser of Measure P and a former district attorney for Mendocino County. Keeping an eye out for city residents is Patrick Fourmy, long-time medical marijuana activist and founding member of the collective, Compassion Center of Santa Barbara. Rounding out the committee is attorney Luis Esparza for the civil liberties advocate seat, Ryan O’Leary for the second city resident seat, Brendan Hamme, for the medical marijuana patient seat, and Al Rodriguez, for the Drug Abuse, Treatment and Prevention Counselor seat.

Mayor Blum received many calls from constituents complaining about the waste of tax dollars challenging a policy that won by a mandate of 66 percent of the vote, after the Marijuana Policy Project sent out alerts in an effort to avert a lawsuit. Defending her position in an email the mayor responded, “It would not matter if the subject matter were marijuana or automobile tires or anything else. Our City Attorney does not believe that the voters can tell us specifically what to do. The argument goes that the voters elect the City Council to act within the Constitutions of the State of California and the US Constitution, and individual initiatives to do the Council’s work are not constitutional.”

The ACLU Drug Law Project has signed on as counsel for the Measure P proponent to defend the rights of the voters to set such a policy by initiative. Considering the fact that similar measures have not been found to be unconstitutional in Seattle and Oakland, where related initiatives were voted on and have been in effect since 2003 and 2004 respectively, there is much optimism that Measure P will withstand the challenge. If any part is overturned, however, the remainder of the initiative will still stand. The fact that the mayor has selected an oversight committee shows that she is responsive to the will of the voters to some degree. Other council members also assured supporters that they would do what they can to preserve the policy if needed.

Santa Cruz City Attorney John Barisone initiated a similar challenge to Measure K, another LLEP initiative, which passed with 64 percent of the vote last November. Claiming the measure conflicts with the city charter and responding to pressure from local police, the city attorney informed Measure K proponents, Theodora Kerry and Craig Reinarman, that changes needed to be made to avoid a lawsuit. Kerry and Reinarman with the help of Defense Attorney Ben Rice, were able to come to a satisfactory compromise with the city that keeps the policy in tact while accepting a few proposed changes. This effectively should end the challenge.

The Santa Cruz city clerk is now accepting applications for Measure K’s Oversight Committee, which will oversee compliance with the policy. Each city council member must select a member to serve on this committee. No known supporters have submitted applications. If backers of the policy do not apply for a seat on the oversight committee, they run the risk that council members will choose people to serve who are less supportive, as the city council is more conservative than in years past.

The City of Santa Monica, meanwhile, is not challenging their LLEP initiative, Measure Y, which passed with a resounding 65 percent of the vote. Measure Y does not provide for an oversight committee, leaving the responsibility for its implementation with the city council in cooperation with the police department. The new police chief indicated a willingness to cooperate.

According to local contacts in all three areas, the city clerks’ offices are complying with the component of the initiatives that require them to issue letters to all the state and federal elected officials representing the respective areas within three months of the measures’ passage. The letters notify them of the passage of the local initiatives that de-prioritize cannabis offenses and “request that the federal and California state governments take immediate steps to enact similar laws.”

To apply for the Santa Cruz Oversight Committee, you can download an application at: www.ci.santa-cruz.ca.us/advbod/ advbdappl.pdf

* Norris is director of the Cannabis Consumers Campaign. For info on the measures, see taxandregulate.org.