Pass: 18,045 / 65.28% Yes votes ...... 9,596 / 34.72% No votes

See Also: Index of all Measures

The measure would require City Council oversight to ensure Police Department compliance through various, specified means. For instance, the Police Department would be required to semi-annually report to the City Council statistics involving marijuana enforcement and also to report on individual enforcement activities; and the City Council would be required to receive grievances from individuals who believed that they were subject to law enforcement activity inconsistent with the measure. Additionally, the measure would require the City Clerk to annually send letters to congressman and senators representing Santa Monica voters, to the Governor of California and to the President of the United States requesting that the state and federal governments enact similar laws.

The measure would prohibit Santa Monica police from cooperating with state and federal agents on enforcement activities covered by the lowest priority designation and would prohibit the City from accepting federal funds for such activities.

The measure would require the City Council to take specified implementation actions. These include: designing special report forms for police officers' use in documenting individual enforcement actions; requesting information from individual police officers who appear to have violated the lowest priority designation; and receiving grievances from individuals who believe they were subject to law enforcement efforts contrary to the lowest priority designation (though basing disciplinary action on such grievances would be prohibited). The Council would also be required to generate a report, twice each year, containing specific statistical information on marijuana enforcement and information on deviations from the lowest priority designation. The measure purports to require the County District Attorney, as well as the City Attorney, to cooperate in the preparation of this report.

The measure would also require the City Clerk to send to state and federal officials a statement that Santa Monica has designated marijuana enforcement as its lowest law enforcement priority and request that their jurisdictions do the same. The Clerk would be required to send this every year until state and federal authorities adopt similar laws.

The measure specifies that a violation of its requirements would not be a crime, but any resident of the City could file a civil action to mandate compliance.

Implementation of this measure would entail significant financial costs. The reporting requirements of the measure would likely require the Police Department to hire additional personnel, and funding which the City receives through its participation in multi-agency taskforces might be lost. Additionally, legal challenges could arise. Both state and federal law restrict activities involving controlled substances, including marijuana. Insofar as the measure impinged upon these laws, it would be subject to legal challenge. Legal issues may also arise as to the measure's impact on criminal cases involving possession of marijuana. Moreover, the City Charter establishes a council-manager form of government in which professional staff is separated from the political process. Insofar as this measure would erode that separation by involving the City Council in the work of individual police officers, the measure might conflict with the Charter.

City of Santa Monica

• November 2006 Municipal Election Information
• Informacion en espaņol sobre las elecciones del 7 de Noviembre, 2006

Santa Monicans for Sensible Marijuana Policy

Ballot Measure Forum

• Tuesday September 19, 4:30-8:30pm - Santa Monica Main Library; 601 Santa Monica Bl; live "taping for broadcast on Santa Monica City TV

Santa Monica Daily Press

• Ballot bursting at the seams - 8/12/06

Measure Y will make adult marijuana offenses on private property the lowest priority of the Santa Monica Police Department, allowing police to focus their time and our tax dollars on solving serious and violent crime - like rape and theft.

Marijuana is illegal under state and federal law, and this initiative does not change that. Measure Y will reduce local spending on marijuana arrests and send a strong message to our political leaders in Sacramento and Washington that it's time for more common sense marijuana laws. It will also provide another layer of protection for medical marijuana patients, curtail racial profiling and strengthen our civil liberties.

The Bush Administration has made marijuana, medical or otherwise, the number one priority in its failed Drug War. Over 700,000 marijuana arrests are made each year, including medical marijuana patients. Meanwhile, our overcrowded prisons are at nearly twice capacity and taxpayers are now being asked for billions more to build new ones. It makes no sense to continue these ineffective, wasteful policies, which arrest nonviolent marijuana users.

In 2003, Seattle passed a similar measure and reduced marijuana arrests by 75%, saving millions of dollars for city priorities. By passing Measure Y, Santa Monicans will join other forward-thinking cities like West Hollywood, Oakland and Seattle in leading the way to safe and sensible drug policy.

Santa Monica should have policies that are consistent with our values and priorities. That's why community leaders, law enforcement and legal experts agree: Measure Y is the right thing to do for Santa Monica. Please join us in voting YES ON Measure Y.

Daniel Macallair
Executive Director, Center on Juvenile and Criminal Justice

Lt. Jack A Cole (Ret.)
Director, Law Enforcement Against Prohibition

Vivian Rothstein
Former Executive Director, Ocean Park Community Center

Katherine K. McTaggart, MFT
Adolescent Substance Abuse Specialist

Susanne Griffin, Esq.
Santa Monicans for Sensible Marijuana Policy

The Lowest Law Enforcement Priority Policy Ordinance wastes resources: The Santa Monica City Council would utilize a community oversight review panel, creating another city commission and consuming more taxpayer resources. This proposed ordinance requires SMPD officers to do additional paperwork -- such as compiling lengthy reports on every marijuana arrest to submit for City Council review within seven days. The City Council will review arrest reports and make recommendations - an additional waste of taxpayer dollars.

The Lowest Law Enforcement Priority Policy Ordinance sends a confusing message to our children. We tell our kids that using drugs is harmful and wrong - a clear and truthful message. This ordinance is illegal and violates California State Law. In addition, it is wrong for our children and our community. As a result, Santa Monica voters should do the sensible thing and reject The Lowest Law Enforcement Priority Policy Ordinance.

SMPOA Chairman Jay Trisler

Chief James T. Butts, Jr.

Mayor Bob Holbrook

Councilman Herb Katz