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Council says Oakland vote means your home is your cannabis castle PDF Print E-mail
Written by Justin Baker   
Tells police to ignore cultivation and sales in residences

Oakland City Council voted Dec. 20 to reinterpret Ballot Measure Z, Oakland’s voter initiative making “private, adult cannabis (marijuana) use, distribution,
sale, cultivation and possession” the City’s lowest law enforcement priority.

The Council’s interpretation of Measure Z allows adult cannabis sales from and deliveries to homes, as well as cannabis gardens set in residential areas.

Sixteen people, outraged at the attempt to thwart the will of the voters, spoke against the modification at the meeting. They pointed out that when clubs or businesses are licensed and regulated, they normally operate in commercial zones rather than residential neighborhoods.

    The initiative did not grant the Council such authority; however, it did create an oversight committee to ensure compliance, which would be the appropriate body to interpret any ambiguities.

Nadel stands up for voters

    Councilmember and mayoral candidate Nancy Nadel proposed an amendment to ensure that cannabis use, sales, and distribution in private clubs is part of the lowest police priority. She also proposed that the Oversight Committee set up by the initiative be asked to advise the council on what the definition of private should be.

    Nonetheless, the Council voted five to two to accept an opinion from the city attorney that “private” means residential, despite the measure’s clear intention to move cannabis dealing off the streets and into legitimate commercial establishments.

    Each Council member who spoke premised their remarks that they do favor legalizing adult cannabis sales at the state and federal levels. Most went on to express an unwillingness to implement or initiate any such process at the local level, other than minimal compliance with Z.

    As interpreted by the City, the ordinance clearly protects cannabis sales and cultivation in the home, but would not go farther. This could apparently take the form of individual sales, home deliveries, or “Tupperware” style house-parties.
 
    The initiative, which passed with 65.2% of the vote in 2004, also instructed councilmembers and other city officials to appoint a Community Oversight Committee to “oversee the implementation” of the measure. More than a year later, the committee has not yet met. At the council meeting it was revealed that two more councilmembers made appointments, so the committee finally has a quorum.

De La Fuente defies mandate

    Council President De la Fuente, who failed to make his appointment to the committee for a year, said its input was not needed and pushed for the city attorney’s arbitrary interpretation. Four other councilmembers voted to accept it, while Nadel and Desley Brooks opposed the definition, and Councilwoman Brunner abstained.

    Dale Gieringer, executive director of California NORML and a sponsor of Z, said, “Measure Z was meant to provide an alternative to the failed Bush war on drugs. But the city council seems intent on blocking its implementation.”

    “One of the goals of Measure Z was to get cannabis dealing off the streets and move sales and distribution into private, regulated settings. But this vote would just push it right back into neighborhoods and private residences,” said Richard Lee, president of the Oakland Civil Liberties Alliance, sponsors of Z.
 
    Measure Z supporters see the Council vote as a setback, but remain confident that the voters intent will ultimately be upheld. “The city council actually does not have the authority to rewrite a citizens’ initiative. If the initiative is not being implemented properly, we will consider pursuing a court order,” said Mikki Norris, a representative of the group.

    Local cannabis reform initiatives have become a trend in the West recently. In November, Denver passed a measure to legalize possession of up to one ounce of cannabis. A Seattle measure deprioritized personal use in 2003. Advocates say at least four cities in California will consider initiatives similar to Measure Z in 2006.

Nature’s Medicinal and friends celebrated their success in moving the City Council to take a more supportive position regarding local dispensaries. The county is implementing a patient ID card program. Photo by Jaime Galindo
BAKERSFIELD - Nature’s Medicinal and friends celebrated their success in moving the City Council to take a more supportive position regarding local dispensaries. The county is implementing a patient ID card program. Photo by Jaime Galindo
 
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