Project Index - Community Initiatives - College Initiatives As many drug policy reform activists are discovering, the highest and most direct level of democracy often takes place at the lowest levels of government. This is reflected in the many successful municipal audits and initiatives that have taken place over the last few years. From Seattle's I-75, to Oakland's Measure Z, to Syracuse's Plan B, these important local actions can expose and erode the faulty presumptions that underpin the war on drugs, and they often resonate well beyond their geographical boundaries. Although each municipality has a different social and bureaucratic make-up, we believe that future initiatives can benefit from reviewing the tactics of those that have successfully passed before them. It is with this in mind that DrugSense has developed the "Community Audits and Initiatives" webpage. Here you will find a) the exact wording of many of the nation's most successful local drug policy audits and municipal medical cannabis and personal possession de-prioritization initiatives; b) much of the research used to justify a shifting of drug policy enforcement priorities; c) links to related press coverage; and d) lists of supportive organizations. Since the implementation of either a local ballot initiative or drug enforcement audit will differ from city-to-city and from state-to-state, DrugSense strongly recommends that any individual or organization wishing to initiate such a project should begin by contacting an experienced local lawyer, as well as the many drug policy reform organizations that might supply advice, information, and perhaps even funding. This is an ongoing DrugSense project; if your municipality has passed or initiated progressive drug policy reform measures and you'd like to make this information available to other like-minded reformers, please contact Philippe Lucas at: phil@drugsense.org; we'd be happy to include your town, city or county on this website.
Fayetteville, Arkansas: Law Enforcement and Prosecutorial Priority Policy Ordinance Results: Passed by 66% of population on November 4th, 2008. Require Fayetteville police and prosecutor to treat adult marijuana possession offenses as their lowest priority. Further, the measure requires the city clerk to send an annual letter to state and federal legislators, governor, and president stating: "The citizens of Fayetteville have passed an initiative to de-prioritize adult marijuana offenses, where the marijuana is intended for personal use, and request that the federal and Arkansas state governments take immediate steps to enact similar laws." This duty shall be carried out until state and federal laws are changed accordingly. Full Text: http://sensiblefayetteville.com/full-initiative-text.php Website: http://sensiblefayetteville.com Press: http://sensiblefayetteville.com/in-the-media.php Contact Info: Berkeley, California: Measure JJ Results: Passed 62-38 on November 4th, 2008. Expands the non-residential zones where dispensaries can locate, creates an oversight commission to create standards and determine whether relocating or future operators are in compliance, issues zoning certificates, and brings Berkeley marijuana possession limits in line with recent court rulings determining that such limits are unconstitutional in the state. Full Text: "Shall the City's ordinances be amended to eliminate limits on medical marijuana possessed by patients or caregivers; establish a peer review group for medical marijuana collectives to police themselves; and permit medical marijuana dispensaries as a matter of right under the zoning ordinance rather than through a use permit subject to a public hearing?" Website: http://yesonjj.com/ Press: http://yesonjj.com/?page_id=62 Contact Info: info@yesonjj.com, 510-277-0455 Hawaii County, Hawaii: Ballot Question 1 Results: Passed 58-42% on November4th, 2008 Requires adult marijuana possession laws to be the lowest priority for local law enforcement. Full Text: http://hawaii.gov/elections/factsheets/fsbo134.pdf Website: http://www.mpp.org/states/hawaii/ Press: http://www.mpp.org/news/in-the-news/?state=HI Contact Info: www.mpp.org Massachusetts Public Policy Question 4: Districts 1, 6, 13 and 21
Results:
Question 4 directs the district's state representative to vote in favor of legislation that would allow seriously ill patients, with their doctor's written recommendation, to possess and grow small amounts of marijuana for their personal medical use. Full Text: "Shall the State Representative from this district be instructed to vote in favor of legislation that would allow seriously ill patients, with their doctor's written recommendation, to possess and grow small amounts of marijuana for their personal medical use?" Website: http://www.dpfma.org/ Contact Info: Drug Policy Forum of Massachusetts info@dpfma.org, (617) 776 - 8344 MassCann/NORML: Denver, CO: Question 100 On November 6th, 2007, 57% of Denver voters agreed to make the adult use of cannabis the lowest law-enforcement priority. Initiative Language: Further details available at: http://saferdenver.saferchoice.org/ Contacts: Press on Question 100: Hailey, Idaho: Lowest Police Priority, Medical Marijuana, and Industrial Hemp Acts On November 6, 2007, Hailey voters passed three initiatives called The Hailey Industrial Hemp Act, The Hailey Lowest Police Priority Act and The Hailey Medical Marijuana Act: A fourth initiative would have mandated the city to regulate and tax marijuana sales and to establish a Community Oversight Committee to iron out the details for legalization, but it failed 573-674. Contacts:
Press on the Hailey Initiatives: Flint, MI Flint Code Amendment-Medical Marihuana Supported by 62% of voters, the Flint Compassionate Care Medical Marijuana Initiative passed on Februray 27th, 2007 gives legal protection to patients with serious medical conditions who obtain relief from the symptoms of their illness through the use of cannabis under the supervision of a medical professional. Links:
Eureka Springs, AR "Cannabis as Low Police Priority" Initiative Voters in the Arkansas community of Eureka Springs passed this initiative with 62% of the vote on November 7, 2006 to 'deprioritize' cannabis possession. City election officials confirmed in August that a municipal initiative that seeks to decriminalize minor marijuana possession offenses would appear on the fall municipal ballot. The proposal directs local law enforcement to issue a summons in lieu of a criminal arrest for adults found to be in possession of up to one ounce of cannabis and or marijuana paraphernalia. Links:
Missoula County, MT Initiative 2 An Initiative to Alter Law Enforcement Priorities and Make Adult Marijuana Offenses the Lowest Law Enforcement Priority in Missoula County Voters in Missoula passed Initiative 2 on November 7, 2006 with 53% of the vote. I-2 directs local police to make the enforcement of minor pot violations their lowest priority, and appoints a community oversight committee to ensure that the police are obeying the voters' mandate. "We want to make our community safer, and we believe law enforcement agencies spend too much time and money on adult marijuana issues as compared to more serious crimes that threaten people's lives and property," states the initiative's backers, Missoula Citizens for Responsible Crime Policy. "[The] 30-plus years of current marijuana policies haven't worked. It's time to talk about alternatives and smarter use of taxpayer dollars." Links:
Santa Barbara Lowest Law Enforcement Priority Policy Ordinance The Santa Barbara Lowest Law Enforcement Priority Policy Ordinance passed with 65% of the vote on November 7, 2006. This initiative makes marijuana offenses, where the marijuana was intended for adult personal use, the city's lowest police priority - allowing police to focus on serious and violent crime. The initiative was filed by Sensible Santa Barbara. Links:
Santa Cruz Lowest Law Enforcement Priority Policy Ordinance According to a recent Santa Cruz, California poll, more than 80% of city voters agree that the Drug War is a failure and adults who use marijuana should not be criminalized. On May 25th, the Santa Cruz City Clerk officially announced that an initiative to make adult marijuana offenses the Santa Cruz police department's lowest priority has qualified for the November ballot!!! Santa Cruz Citizens for Sensible Marijuana Policy submitted over 6,000 signatures in April, well more than the minimum 3,423 required to put a measure to a vote. On November 7, 2006, voters passed this initiative with 64% of the vote.
Links: info@sensiblesantacruz.org 831-457-2358 Santa Monica Lowest Law Enforcement Priority Policy Ordinance On May 24th, 2006 Santa Monicans for Sensible Marijuana Policy filed 8,395 signatures, nearly 3,000 more than the 5,580 needed to place the measure on the November ballot. On November 7, voters passed the initiative with 65% of the vote. The ordinance makes marijuana offenses, where cannabis is intended for adult personal use, the lowest police priority, and by doing so would free up police resources to focus on violent and serious crime, instead of arresting and jailing non-violent cannabis users. Links: http://www.taxandregulate.org/santamonica_archive/ Lowest Law Enforcement Priority Initiative (Niles, MI) August 2006: Unfortunately, this initiative did not make the November 7, 2006 ballot due to lack of signatures. The Lowest Law Enforcement Priority Ballot Initiative is expected to appear on the Nov 7, 2006 ballot in the City of Niles. It will ask the voters of the City to stipulate that investigating, arresting and prosecuting adults who use or possess small quantities of marijuana in private should be considered the lowest priority of City Police and Attorney. This initiative only affects adult (19 yrs and older) behavior in private that does not create a public nuisance. It would still be unlawful to sell marijuana, possess more than one and one tenth ounce (1.1) of marijuana (about the amount of tobacco found in a pack of cigarettes), use marijuana in public or drive under the influence of marijuana. It would also still be illegal for anyone less than 19 yrs old to use and possess marijuana anywhere, public or private, under any circumstances. Links:
Ferndale Medical Marijuana Ordinance On Tuesday, November 8th, 2005, Ferndale voters came out strongly in support of Proposal D, which removed all criminal penalties under local law for marijuana used by patients with the recommendation of their physician. The unofficial final results are 61%-39% in favor of Proposal D, with 1894 votes in favor and 1222 votes opposed. Links:
Traverse City Medical Marijuana Ordinance Michigan's Coalition for Compassionate Care's Proposal 3, which makes physician-supported medical cannabis use the lowest possible priority for Traverse City police, was passed on Nov. 8thth, 2005. Voters approved the new city ordinance by a margin of 1,594 to 925, with 63% casting ballots in favor. The measure doesn't legalize marijuana possession but calls for the possession, delivery or use of marijuana by a medical patient to be the "lowest law enforcement priority of the city." Coalition for Compassionate Care website: http://compassionatemi.org/
Alcohol-Marijuana Equalization Initiative: The Denver Alcohol-Marijuana Equalization Initiative (passed by 54% of voters in November 2005) makes the personal use of one ounce or less of cannabis legal in the city of Denver (despite state and federal laws that still prohibit it's possession and use). Safer Alternative For Enjoyable Recreation (SAFER) is a non-profit organization based in Denver, Colorado. SAFER began in January 2005 in response to the fatal student alcohol overdoses that occurred on Colorado college campuses during the 2004-2005 school years. SAFER envisions a society in which the private adult possession and use of marijuana is treated in the same or similar manner as the private adult possession and use of alcohol. Thus, SAFER's mission is to educate the public about the harms of alcohol compared to the much safer-yet illegal-drug: marijuana. Useful links to the SAFER initiative:
Ann Arbor Medical Marijuana Ordinance Ann Arbor's Proposal C, which was approved by 74% of voters on Nov. 2nd, 2004, amended section 16.2 of the city's municipal charter in support of medical cannabis users. Primarily, it amended section (b) to create an exception and an affirmative defense for medical cannabis. The passing of Prop. C also changed the wording of a portion of section (b) which pertains to cannabis offenses in general, substituting "not less than $100.00 for the third or subsequent offense" with simply "$100.00 for the third or subsequent offense."
Massachusetts Cannabis Policy Reform Initiatives: Since the federal election of 2000, the Massachusetts Cannabis Reform Coalition and the Drug Policy Forum of Massachusetts have put forth 36 non-binding ballot initiatives to gage and demonstrate support for the decriminalization of cannabis use by responsible adults, medical cannabis and the taxation and regulation of cannabis. Every single one of these initiatives has passed, and the total vote count is 2 to 1 in favour of progressive cannabis reform.
Measure Z: Oakland, California: Criminalizing cannabis (marijuana) has unfairly imprisoned thousands of non-violent offenders, including a disproportionate number of people of color. It's time to tax and regulate the supply. Measure Z allows Oakland police to focus their time and resources on fighting violent crime and reducing the murder rate, instead of wasting their time on adult non-violent marijuana offenses.
Detroit Medical Marijuana Ordinance On Tuesday, August 4th 2004 voters in Detroit, Michigan approved the Detroit Medical Marijuana Act. With 98 percent of precincts reporting, 59 percent of voters were in favor of Proposition "M", which amends the Detroit city criminal code so that local criminal penalties no longer apply to any individual possessing or using marijuana or related paraphernalia under the direction of a physician or other licensed health professional.
King County Bar Association Drug Policy Project: The King County Bar Association is leading a high-level partnership of lawyers, doctors, pharmacists and other professionals in Washington to find more effective ways to reduce the harm and costs of drug abuse, and of the "War on Drugs" itself. What began over four years ago as a transitory study of current drug laws has evolved into a comprehensive, long-term effort to bring about meaningful reform of drug policy on many levels. The principal objectives of this effort are: reductions in crime and public disorder; improvement of the public health; better protection of children; and wiser use of scarce public resources.
I-75: Seattle, Washington: In September 2003, I-75 passed with 58% of the voters casting a YES vote. The Seattle citizens know that arresting adults for marijuana possession is a waste of valuable law enforcement resources. This ordinance makes marijuana intended for adult personal use the lowest law enforcement priority in Seattle thereby saving scarce public resources and enabling police and prosecutors to concentrate on serious and violent crime. I-75 also protects the rights of medical marijuana users. In 1998, Seattle voters overwhelmingly approved a measure to protect people whose physicians recommend medicinal marijuana to treat certain serious illnesses. Yet, medical marijuana patients are still in danger of arrest, prosecution and forfeiture of their homes and other property - even though they use marijuana to treat symptoms of cancer, multiple sclerosis and AIDS. I-75 helps protect all medical marijuana patients who suffer from life threatening illnesses. "Plan B": Syracuse, New York: With former Syracuse City Auditor Minch Lewis, Syracuse Police Inspector Mike Kerwin, District Attorney William Fitzpatrick and the Post Standard all calling recently for a reviewing of our drug policy comes a truly unique opportunity to change the image of the city. The Federal and State government's drug polices force Syracuse to enforce laws that not only cost the city millions of dollars each year, but are totally ineffective at either reducing illegal drug use or making our streets safer. So what can Syracuse do about it? The problem facing cities like Syracuse in their attempts to change is that federal and state laws trump local laws. There are, however, some things that can be done. A series of hearings were held by the Finance Committee of the Common Council to look into what changes the city could make that would improve things here without running afoul of state and federal laws. These hearings were a way of gathering specific information to assist the Council in its legislative function. There are many things, all perfectly within the law, some of which other cities have done, that could reduce the harms incurred under the current policy. New policies that would ease tensions between the police and the communities they police. Policies that would free up limited police resources to focus on violent crime making our streets safer without additional expense. Policies that would put abandoned properties back on the tax roles and improve neighborhoods, improve our schools, and attract business to the city. Experts testifying at these hearings outlined these alternatives in order to see which could be implemented here, and what the benefits would be. The following is useful information supplied by ReconsiDer (www.reconsider.org) on the Syracuse "Plan B" auditor's investigation and recommendations, including:
Taking the Initiative; A Reformer's Guide to Direct Democracy By Tim Beck, Executive Director of Michigan NORML Tim Beck's "Taking the Initiative; A Reformer's Guide to Direct Democracy" is a comprehensive examination of the opportunities and challenges presented by community-based drug policy reform initiatives. Written by the Executive Director of Michigan NORML, this overview of the seven municipal and state substance-related initiatives which were attempted in Michigan between 2001 and 2005 is a must-read for anyone group or individual wising to tread into the murky waters of community-based social reform.
Contact Tim Beck and MI-NORML:
Taking the Initiative;A Reformer's Guide to Direct Democracy (pdf file) "Illicit Drugs: Burden and Policy"; The Hartford Drug Policy Conference The conference "Illicit Drugs: Burden and Policy" was sponsored by the City of Hartford and underwritten by the Aetna Foundation. It was held at Trinity College on October 21st and 22nd 2005, and provided a unique opportunity for multiple stakeholders to begin a dialogue around the problem of drugs in the city of Hartford. Law enforcement officers on a local, state, and national level met with advocates of change as well as ordinary citizens. Participants reflected on the implications of illicit drug use, the 'drug war' and societal needs for treatment, rehabilitation, recovery and re-integration of illicit drug users into useful and self gratifying roles. Conference White Paper - This White Paper is an executive summary of the landmark two-day conference on drug policy sponsored by the city of Hartford.
Press on Hartford conference: DRCNet: Drug War, Endless Violence -- Hartford Looks for a New Way 9/23/05
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