Pubdate: Thu, 19 Oct 2006
Source: Pasadena Weekly (CA)
Contact:  2006 Southland Publishing
Website: http://www.pasadenaweekly.com
Details: http://www.mapinc.org/media/4323
Author: Dan Abendschein
Note: Dan Abendschein is a reporter for Los Angeles CityBeat, where a 
version of this story first appeared. Pasadena Weekly reporter Andre 
Coleman contributed to this story.
Photo: Jack Cole http://www.mapinc.org/images/JackCole.jpg
Cited: Measure Y http://www.sensiblesantamonica.org
Cited: LEAP http://www.leap.cc
Bookmark: http://www.mapinc.org/find?115 (Marijuana - California)
Bookmark: http://www.mapinc.org/find?233 (Law Enforcement Against Prohibition)
Bookmark: http://www.mapinc.org/find?227 (Cole, Jack)

POLICE AGAINST PROHIBITION

Officers who want to end the war on drugs weigh in on Santa Monica's 
new ballot measure

At a recent Santa Monica city council meeting about Measure Y, a 
ballot initiative that would make adult marijuana use the police 
department's "lowest priority," activists brought out a unique 
speaker: A retired New Jersey state cop who is calling for the 
legalization of drug use. Lt. Jack Cole heads up an organization 
called Law Enforcement Against Prohibition, LEAP, which boasts 5,000 
members from the law enforcement field nationwide.

Cole spoke up for the Santa Monica measure and suggested that law 
enforcement would better serve the public by spending more of its 
time and resources on more serious crimes.

Cole's group calls the drug war "prohibition," equating it with the 
government's ban on liquor after World War I, and its focus is not 
just on pot. The group's arguments are standard for activists who 
push for the legalization of drugs: eliminating the black market in 
all drugs would lead to a decrease in crime, and give the government 
some control about what drugs are available and who should be allowed 
to use them.

Cole believes a revolt is growing against the federal government's 
war on drugs, both inside law enforcement and among the general 
public. "I think legalization will be sooner rather than later," says Cole.

However, not all police are on board with either the ballot 
initiative or LEAP's efforts, among them the Santa Monica Police 
Department and Pasadena Police Chief Bernard Melekian, who served as 
a detective in Santa Monica before coming to Pasadena.

"This measure is another in a long line of thinly veiled attempts to 
legalize marijuana," Melekian said in an email. "It would be far more 
congruent to just float that measure. The setting of law enforcement 
priorities is, and should remain, the purview of the elected bodies 
of the affected jurisdictions."

As for the legalization of drugs, "anyone who thinks that is 
desirable should visit Amsterdam or Vancouver, [British Columbia]," 
Melekian wrote.

Over the past three years Cole and other retired cops have been 
traveling the country speaking to Rotary clubs, church groups and law 
enforcement conferences. Hearing this message from police officers 
makes a huge difference: Cole estimates about 80 percent of the 
people he speaks to end up agreeing with him.

Melekian notwithstanding, Cole says he also sees a similar reaction 
from other cops. Converting police officers seems counter-intuitive, 
but Cole finds them more than receptive to the message. "We talk to 
them cop-to-cop," says Cole. "A lot of them tell me they always 
thought the war on drugs was a failure, but felt there was no one 
else in law enforcement that agreed with them."

In this sense, LEAP is also reforming a police culture that 
discourages questioning the law or voicing objections to the war on 
drugs. Part of LEAP's strategy is to be as vocal as possible. At 
police conferences, members wear T-shirts emblazoned with the words 
"COPS SAY LEGALIZE DRUGS: ASK ME WHY."

"We are very aggressive," says Cole. "We stand in the aisles and if 
someone looks our way, we talk to them."

Having government officials speak out is an effective weapon against 
the drug war. In 2002, police organizations backed a near-successful 
voter initiative in Nevada that would have decriminalized small 
amounts of marijuana. Gary Johnson, a former governor of New Mexico, 
stoked a loud debate in his own state and across the nation when he 
pushed for the legalization of drugs and was quoted in the 
Albuquerque Tribune in 1999 as saying that trying drugs for the first 
time as a youth was "kind of cool."

Unfortunately for backers of the Santa Monica initiative, local law 
enforcement is not on their side. The Santa Monica Police Department 
argued in town meetings that it needs every tool at its disposal to 
uphold the law, and that includes marijuana misdemeanors.

"We are opposed to this ordinance because it would remove our ability 
to investigate more suspicious crimes after using marijuana as 
probable cause," said Acting Police Chief Phillip Sanchez. "We have 
found large amounts of marijuana on individuals, and illegally armed 
individuals, after investigating marijuana smokers."

This is an assessment that Cole agrees with, but he argues that it 
does not justify going after pot smokers. "I don't think they should 
be enforcing just to make people easier to grab   law enforcement is 
always easier if you take away people's freedom, but I wouldn't want 
to live in a country like that," he says.

The police also argued that the law is vague because it only states 
that enforcing marijuana law against adult smokers using the drug for 
their personal use should be the department's "lowest priority." What 
isn't clear is whether this would mean that police would still 
approach people they suspected were smoking. The police department 
says if the law passes, it will ask the city for specific instructions.

Nicki LaRosa, the campaign coordinator of the group Santa Monicans 
for Sensible Marijuana Policy, which put the initiative on the 
ballot, says that the measure would not keep the police from going 
after people who use marijuana in public. "We are not going for 
Amsterdam in Santa Monica   this is more about private use," says LaRosa.

LaRosa says there were about 290 marijuana misdemeanors in the city 
last year and expects the measure to bring a significant reduction in 
citations.

However, Santa Monica police argue that marijuana is already the 
department's lowest priority and that it usually only cites people 
smoking in public, and usually investigates only after receiving a 
complaint. Even that complaint takes a backseat to the investigation 
of more serious and pressing crimes, according to Sanchez.

To some extent, LaRosa admits that the ballot initiative is symbolic: 
"There is a lot of symbolism in this because we want to say as a 
community that people should not be prosecuted for smoking marijuana."

The measure would, in fact, force the community to say exactly that. 
One of the requirements of the ordinance would be for local 
government and law enforcement to send letters twice annually to the 
state and federal government urging those lawmakers to consider 
decriminalizing marijuana. One of the reasons the measure only goes 
as far as making marijuana use the police's "lowest priority," says 
LaRosa, is that a stronger measure would not be compatible with federal law.

A recent poll conducted by Evans/McDonough has shown that 81 percent 
of Santa Monica citizens believe that the war on drugs is a failure. 
The numbers, maybe not coincidentally, line up with Cole's estimates 
about how people feel about the war on drugs.

According to Cole, the next step is getting more law enforcement to 
speak out. "We have a credibility that no one else has," says Cole.
Dan Abendschein is a reporter for Los Angeles CityBeat, where a 
version of this story first appeared. Pasadena Weekly reporter Andre 
Coleman contributed to this story. 
- ---
MAP posted-by: Richard Lake