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Getting political with police policy
Oakland Tribune | Monday, February 23, 2004 - 3:39:51 AM PST

HAVE YOU noticed how seriously Oakland police are taking cues from Oakland City Council policy makers? It make me wonder whether this is the way to run a police department.

I called an Oakland police officer after the Presidents Day planting of marijuana seeds in the lawn at City Hall.

There seemed to be no effort to stop the medical marijuana protesters from scattering seeds on the well-kept grass of another kind.

Why not, I asked, especially since it was reported in the Tribune along with a photo of the planting spree that there were some cops standing not far away.

The group was protesting the impending council action to reduce the number of plants a patient can grow for personal medicinal use from 72 to 18. Ever since the city found out there is a batch of medical marijuana cafes downtown, there's been a hunt for ways to reduce their number.

Council President Ignacio De La Fuente's image was featured at the plant-in with an effigy scarecrow. He was the bad guy for trying to limit medical pot users to less weed.

I figured maybe marijuana seeds were not illegal, or maybe the cops figured the seeds wouldn't grow anyway because they need more warmth than we get in Oakland this time of year.

But those weren't the reasons at all. I was reminded by an officer of fairly high rank that catching pot users is a low priority of the City Council, so maybe nothing was done to stop the protest for that reason. He wasn't saying that definitely was the case, but hinted it could be.

Given that little tip, I began to imagine what could happen if police strictly observed council policy in all arrests.

We're on a street corner as two cops are discussing whether they should arrest a suspect or not.

"Do we know City Council policy on this?" asks Cop One. Cop Two says: "Let me check." He pulls out a little black book. "It says here this offense is a medium to high priority."

"OK," says Cop One. "But how did they vote? Where was Desley on this?" Cop Two: "She was for it."

Cop One: "Where was Nancy?" Cop Two: "She was against it."

Well, it could happen, if it hasn't already.

The next thing I noticed was the decision by District Attorney Tom Orloff not to prosecute the people arrested last month in support of striking supermarket workers.

De La Fuente was one of those arrested when he was among demonstrators blocking the entrance to the Rockridge Safeway.

Police Lt. Dave Kozicki, in command of about 70 officers, called the Orloff decision a political one that conflicts with what police believed the district attorney was going to do.

It sure looked that way, but if that was the case, why was De La Fuente arrested? Shouldn't the arrest of the president of the council be a low priority? I guess not if he wants to look real good with the unions but not go to jail.

Kozicki told the Tribune he and other officers had met with Orloff in advance and asked what evidence they would need to file charges. Orloff said later his decision was political only in the sense that he is elected to make decisions. He decided that because the demonstration was peaceful there would be no point in filing charges that could lead to a costly and lengthy trial.

How political can you get and not be political?

Kozicki said he agrees the protest was peaceful, but it did disrupt residents who were deprived of police services while they were busy dealing with the protest, which, he said, cost $20,000 in police overtime.

For his part, De La Fuente said he was glad he wasn't going to jail, but would do it again because the cause of the Safeway strikers is "the biggest crises" in America.

Orloff's comments were another sign that Oakland police better listen carefully when elected officials speak, before and after events.

Meanwhile, intrepid advocates of medical marijuana are proposing an initiative for the November ballot that would tax and regulate sales of weed, and the council has ordered new regulations for medical pot hang-outs. There were no details on the marijuana tax, but any tax seems to be attractive to revenue-hungry council members.

The initiative would also direct the police department to treat the private use of marijuana by adults as its lowest priority until cannabis is legalized in California.

If that passes, the police will be following the policy of the voters directly, which sounds a lot better than putting in calls to Ignacio, Nancy, Desley, et al.

E-mail Peggy Stinnett at pstinnett@angnewspapers.com .

__________________
Alien Space Signal

There's no money for your issue so long as we're squandering $50 billion a year on the DrugWar. Ben Masel

Fear became the ultimate tool of this government - V.

 

Higher Self

Like a pebble tossed into a pond, Oakland/SF has a great opportunity in assisting in change. Legalize consupmtion for adults, tax it, regulate it, help keep it out of the hands of children.

It would be nice to see a ripple effect occur, cities, states, nations, the planet... Am I dreaming? Our imaginations are our most powerful creative tool.

Marijuana.com is like a bee hive, and folks are like busy bees, inhabiting eachothers dreams...- MC 900-foot Jesus

firsttimer

here is the exact text of the initiative:

Oakland Cannabis Regulation and Revenue Ordinance

(Ballot initiative submitted to Oakland City Clerk Feb 19, 2004)

Section 1: TITLE
Oakland Cannabis Regulation and Revenue Ordinance

Section 2: FINDINGS
The people of Oakland, California find as follows:

WHEREAS it is a goal of the people of Oakland to keep drugs off the streets and away from children, and to eliminate street dealing and violent crime; and

WHEREAS each year California spends over $150 million enforcing cannabis (marijuana) laws, expending valuable law enforcement resources that would be better spent on fighting violent and serious crimes; and

WHEREAS medical and governmental studies have consistently found cannabis to be less dangerous than alcohol, tobacco and other drugs; and

WHEREAS otherwise law-abiding adults are being arrested or imprisoned for nonviolent cannabis offenses, clogging our courts and jails; and

WHEREAS controlling and regulating cannabis so that it is only sold by licensed businesses would undermine the hold of street dealers on our neighborhoods; and

WHEREAS in the face of the severe state and local budget crises, the revenues from taxing and licensing cannabis would help fund vital Oakland city services; and

WHEREAS the current laws against cannabis have needlessly harmed patients who need it for medical purposes, and impeded the development of hemp for fiber, oil, and other industrial purposes; and

WHEREAS it is the hope of the people of Oakland that there will be state and federal law reform that will eliminate the problems and costs caused by cannabis prohibition;

THEREFORE the people of the City of Oakland do hereby enact the following ordinance establishing the cannabis policy of the city.

Section 3: DEFINITION
"Cannabis" - Means "marijuana" as currently defined in California Health & Safety Code Section 11018.

Section 4: PURPOSE
The purpose of this ordinance is:

a) To direct the City of Oakland to tax and regulate the sale of cannabis for adult use, so as to keep it off the streets and away from children and to raise revenue for the city, as soon as possible under state law.

b) To direct the Oakland Police Department to make investigation, citation, and arrest for private adult cannabis offenses the lowest law enforcement priority, effective immediately upon passage of this ordinance.

c) To advocate for changes in state law (and at other levels as necessary) to authorize the taxation and regulation of cannabis and eliminate criminal penalties for private, adult cannabis use.

Section 5: REGULATION
The City of Oakland shall establish a system to license, tax and regulate cannabis for adult use as soon as possible under California law. At that time, the City Council shall promulgate regulations that include, but are not limited to, the following provisions consistent with California law:

a) The sale and distribution to minors will be strictly prohibited;

b) The city shall establish a licensing system for cannabis businesses, with regulations to assure good business practices, compliance with health and safety standards, access for persons with disabilities, and nuisance abatement;

c) Minors shall not be permitted in areas where cannabis is sold, nor shall minors be employed by licensed cannabis businesses;

d) No business licensed to sell cannabis will be located within 600 feet of a school;

e) Cannabis businesses shall be required to pay taxes and licensing fees;

f) The public advertising of cannabis through television, radio, or billboards will be prohibited; and

g) Onsite consumption shall be licensed so as to keep cannabis off the streets and away from children, subject to reasonable air quality standards.

Section 6: LOWEST LAW ENFORCEMENT PRIORITY

a) The Oakland Police Department shall make investigation, citation, and arrest for private adult cannabis offenses Oakland's lowest law enforcement priority.

b) This "lowest law enforcement priority" policy shall not apply to distribution of cannabis to minors, distribution or consumption of cannabis on streets or other public places, or motor vehicle violations.

Section 7: COMMUNITY OVERSIGHT COMMITTEE

A Community Oversight Committee shall be appointed to oversee the implementation of the Oakland Cannabis Regulation and Revenue Ordinance. The Committee will be composed of:

1 community member appointed by each member of the Oakland City Council,
1 community member appointed by the Mayor of Oakland,
1 representative of the Oakland City Auditor,
1 representative of the Oakland City Manager.

Responsibilities of the Committee shall include:

a) Ensure timely implementation of this ordinance;

b) Oversee the implementation of the Lowest Law Enforcement Priority policy;

c) Make recommendations to the Oakland City Council regarding appropriate regulations, in accordance with Section 5 above;
d) Oversee the disbursement of revenues generated through the sale of cannabis by licensed cannabis businesses to ensure that funds go to vital city services such as schools, libraries and youth programs; and

e) Report annually to the Council on implementation of this ordinance.

Section 8: ADVOCACY FOR LEGISLATIVE REFORM

The City of Oakland shall advocate, through its lobbyist and other city officers, for changes to state law (and laws at other levels of government as necessary) to support the goals and implementation of this ordinance. Legislative changes to be advocated include:

a) Allow for the taxation and regulation of cannabis for adults;

b) Grant local control to cities and counties to license and regulate cannabis businesses, and collect appropriate fees and/or taxes; and

c) End the prosecution, arrest, investigation and imprisonment for adult, private cannabis offenses.


Section 9: SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.

Submitted by Dale Gieriinger for the Oakland Civil Liberties Alliance