By Kevin Herrera
Daily Press Staff Writer

CITY HALL — An initiative that would make adult marijuana use the lowest law enforcement priority in the city moved one big step closer Wednesday to qualifying for the November ballot.

Members of Santa Monicans for Sensible Marijuana Policy turned over to the City Clerk more than 8,000 signatures — well over the 5,580 required for an initiative to qualify for the ballot. Supporters of an initiative are required to gather signatures from at least 10 percent of the registered voters who participated in the most recent election.

Representatives from Santa Monicans for Sensible Marijuana Policy said they turned in 8,395 signatures — nearly 3,000 more than what was required — because they wanted to ensure that the initiative be approved. Professional signature gatherers were hired to man busy commercial locations, some making as much as $5 per signature.

“This measure offers a sensible alternative to the failed federal war on drugs,” said Luciano Hernandez, campaign coordinator for the initiative. “Santa Monica citizens don’t want our police to waste their time and our tax dollars arresting, jailing and prosecuting nonviolent marijuana users.

“It’s clear from speaking with voters over the course of the signature drive that most people would rather see local police focus on violent and serious crime.”

City Clerk Maria Stewart said her office must certify the signatures in no more than 30 working days upon receiving them. Her staff plans to send the signatures to the Los Angeles County Registrar/Recorder today so the verification process can begin without delay.

Stewart said initiatives must be approved no later than August 11 to make the November 7 election.

If ultimately approved by Santa Monica’s voters, the initiative would require the Santa Monica Police Department to make investigations, citations, arrests, property seizures and prosecutions for private, adult marijuana use the lowest law enforcement priority.

The proposed measure would prohibit police from working with federal officials investigating adult marijuana use, and the SMPD would be required to file a report with the City Council within seven days of an arrest, citation or seizure for any adult marijuana offense.

Those who feel officers violated the lowest priority measure could then file a grievance with City Hall.

The proposed measure would not apply to the public use of marijuana or when someone is caught driving under the influence. “Adult” is defined as someone over 21 years of age, according to proponents of the measure.

The effort here is being duplicated in other cities across the state, including West Hollywood, Santa Barbara and Santa Cruz, as part of a larger campaign by the National Organization for the Reform of Marijuana Laws, which seeks to decriminalize marijuana use by adults.

The cities of Oakland and Seattle have already passed laws similar to the proposed Santa Monica measure. The Seattle version, passed in 2003, has led to a 75-percent reduction in marijuana arrests, according to supporters of the initiative.

SMPD Chief James Butts and the Santa Monica Police Officers Association are strongly opposed to the measure. Butts is concerned it would weaken an officer’s ability to sniff out more serious crimes if they were unable to investigate incidents of marijuana use. He also said the initiative is vague when it comes to defining “lowest priority.”

In recent months, the chief said, officers were able to arrest suspects for growing large quantities of marijuana or who were in possession of harder drugs because the officers smelled the presence of pot. If the measure were to pass, Butts said those arrests may not have been possible.

Sgt. Greg Smiley, president of the officers’ association, said members are prepared to campaign against the initiative if it qualifies for the ballot.

“We truly don’t want to have to spend money on this, but we will if we have to,” Smiley said.

Butts and Smiley contend the initiative is not needed, as adult marijuana use is already one of the lowest priorities of the police department.

According to Smiley, the measure is flawed in that it does not define “personal use.” The measure also includes “all parts of the cannabis plant … (and) resin extracted from any part of the plant,” which Smiley said includes hash and hash oil — the possession of which is a felony.

There is also concern among officers about the oversight component of the measure, which would require them to spend more time preparing reports instead of being out on the street.

Supporters of the initiative contend they are not anti-police, but merely want more control over the enforcement of drug policies in their neighborhoods. They claim they are tired of seeing resources wasted on locking up non-violent marijuana users.

The group remains confident that Santa Monica voters will approve the initiative, based on results from a poll conducted in December by Evans McDonough, a public opinion research firm that has conducted polls since 1989.

The poll found that 87 percent of voters agree that tax dollars and police resources should be focused on crimes that are deemed more serious than adult marijuana offenses. Another 76 percent felt the laws and regulations for marijuana use should be no more strict than laws and regulations for alcohol use.

Eighty-one percent of respondents said the war on drugs has failed, according to supporters of the initiative.

Marijuana will still be illegal under federal law if the initiative passes.

“We feel the time is right for this initiative,” said Hernandez. “George Bush has made marijuana the number-one priority, and as a result, there are over 700,000 people arrested each year in the U.S. on marijuana charges. By passing this initiative, Santa Monica voters can help to create a sensible alternative to the war on drugs.”