Becomes first county to make cannabis laws lowest priority

San Francisco has joined the growing list of cities that make cannabis offenses the lowest law enforcement priority (known as LLEP). Following the stunning statewide sweep of voter initiatives that passed in Santa Barbara, Santa Monica, and Santa

“There are many better ways that we can be using our tax dollars and empowering our law enforcement than wasting money and police resources on marijuana offenses.” — Supervisor Ammiano

Cruz last November, the San Francisco Board of Supervisors voted to pass a similar ordinance on November 14. A second vote a week later made it official.   

The ordinance was sponsored by long-time ally to cannabis reform, Sup. Tom Ammiano, and co-sponsored by Supervisors Ross Mirkarimi, Chris Daly, and Jake McGoldrick. The legislation gained the support of four more supervisors – Bevan Dufty, Geraldo Sandoval, Aaron Peskin and Sophie Maxwell, with Michaela Alioto-Pier, Sean Elsbernd, and Fiona Ma opposed.

A coalition of activists representing such groups as Marijuana Policy Project, Drug Policy Alliance, California NORML, Cannabis Consumers Campaign, Californians for Civil Liberties, and Axis of Love, worked together to lobby the supervisors’, mayor’s, and district attorney’s offices to support this policy.

Speaking in favor of the policy, Ammiano claimed, “There are many better ways that we can be using our tax dollars and empowering our law enforcement than wasting money and police resources on marijuana offenses.”

Much to everyone’s delight, the head of the police department’s narcotics squad, Capt. Tim Hettrich, spoke out in support of the policy during the committee hearing, the day before. “It does not tie our hands enforcing the law,” he said.

In order to secure passage of the ordinance by the board, a safeguard was added to the legislation that exempts from the policy offenses involving minors, acts or threats of violence, sale or distribution on or within view of public property, and driving under the influence.    

These safeguards did not satisfy the Fair Oaks Neighbors group, however, which spoke out against the ordinance. Resorting to fear tactics with claims that the policy would bring chaos and allow large scale distribution that undermine the medical cannabis regulations, the group fought to derail the policy. But, the majority of the board and the public did not buy it, especially since the police and district attorney’s office were on board.    

This policy reaffirmed an initiative passed by the voters in 1978, Prop. W. The language Prop. W was simple, but was subsequently ignored: It stated, “Declaration of Policy: We, the people of San Francisco, demand that the District Attorney, along with the Chief of Police, cease the arrest and prosecution of individuals involved in the cultivation, transfer, or possession of marijuana.”    

In contrast, the new ordinance has built in some requirements that will ensure its implementation.

Supervisors are charged with selecting a seven-member oversight committee consisting of a medical marijuana patient, a representative from a medical marijuana dispensary, a civil liberties advocate, a member of the public defender’s office, a harm reduction practitioner, a representative of a drug policy reform organization; and an advocate for juvenile justice, the homeless, or public housing residents.

In addition, representatives from the police and public health departments and the district attorney’s office are invited to the meetings as non-voting liaisons. The clerk’s office has applications available for these seats on the committee.

The ordinance also has built-in restrictions preventing the city’s law enforcement agencies from cooperating with federal agents, and receiving federal deputization and funds to be used in violation of the policy. Like Santa Cruz’ Measure K, it goes one step further to put the county on record advocating further reform by requiring the clerk’s office to issue letters notifying all state and federal officials representing San Francisco.

The letters shall state, ‘The Board of Supervisors of the City and County of San Francisco has passed an ordinance to deprioritize cannabis offenses by adults, and requests that the federal and California state governments take immediate steps to tax and regulate cannabis use, cultivation, and distribution and to authorize state and local communities to do the same.’ The Clerk is to send a letter annually until state and federal laws are changed accordingly.”

*  Norris is director of the Cannabis Consumers Campaign, cannabisconsumers.org.