Pubdate: Sun, 15 Jan 2006 Source: Santa Monica Daily Press (CA) Page: Front Page - see http://www.smdp.com/site/archives/011507.pdf Copyright: 2006 Santa Monica Daily Press Contact: http://www.smdp.com Details: http://www.mapinc.org/media/4159 Author: Melody Hanatani, Santa Monica Daily Press Staff Writer Bookmark: http://www.mapinc.org/find?115 (Marijuana - California) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/people/Mikki+Norris LAYING DOWN MARIJUANA LAWS DOWNTOWN With so-called 'headshops' selling water pipes and bongs, a frequent waft of marijuana in the Santa Ana winds and the city's liberal legacy, visitors to Santa Monica could hardly be blamed for thinking marijuana is legal within the city's borders. "What's legal and what's not?" asked Marsha Tyson, owner of The Spot, a store selling water/tobacco pipes on Broadway. In November, 67 percent of voters passed Proposition Y, automatically implementing an ordinance that made certain crimes involving adults over the age of 21 who illegally use marijuana the lowest priority of the Santa Monica Police Department. Similar initiatives passed in Santa Cruz and Santa Barbara in November. Tyson said she has come across people who aren't exactly sure whether the ordinance means that marijuana use is legal or not. Sitting in her store on Friday, Tyson said she assumed the ordinance meant that marijuana was still illegal, considering it's illegal in the United States. She supported the proposition, believing there are more important things that police officers can do with their time and feels that smoking the cannabis sativa plant should be legalized. "I'm not sure if it gives the perception that [marijuana is legalized]," said Mikki Norris, consultant with the campaigns that supported the measures in Santa Monica, Santa Barbara and Santa Cruz. "It might no longer give them the fear of arrest if they are using marijuana in private." The measure prohibits the Santa Monica Police Department, whose Police Officers Association [POA] spoke out against the ordinance, from working with state and federal agents on activities that involve enforcement of marijuana laws. It also prevents the SMPD from accepting federal funds related to enforcement activities. "It takes away the ability for law enforcement to effectively do their jobs and the service we provide to the community," said POA Chairman Jay Trisler on Thursday. Contrary to claims before the election, the POA does not plan to challenge the passage of the ordinance. Still, Trisler feels the law is very ambiguous in the way it is written since it does not clearly define "personal use." The law does not apply to anyone under the age of 21 or marijuana use on public property or in situations involving DUI. Santa Monica Police Chief Tim Jackman, who just began heading up the city's police force last month, said the ordinance doesn't really change anything, since actively seeking marijuana smokers was always a low priority in Santa Monica. "If someone is complaining about an act that is illegal in the state of California, of course we'll respond to that complaint," said Jackman. Similar laws have been in place in cities such as Oakland, Seattle, Wash., and Missoula, Mont. Ordinances there have not shown negative effects and have even been embraced by city officials who were originally opposed to the idea, Norris said. The Oakland City Council considered challenging the passage of the ordinance in 2004, but decided against it, feeling it would be counterproductive to challenge the voters since 65 percent had approved the ordinance. Norris, who was the consultant to Santa Monicans for Sensible Marijuana Policy, which pushed for the ordinance, hopes that officials in Santa Monica will follow suit. "We're hoping that since it was such a strong vote of the people, they will implement the will of the voters," she said. - --- MAP posted-by: Richard Lake