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Voter Landslide Creates Cannabis Regulation Ordinance |
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Written by Chris Conrad
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Monday, 11 April 2005 |
City Measure Z rejects Drug War, changes marijuana policy, mandates
law enforcement tolerance, and calls for legal, taxed and regulated
sales to adults
Oakland voters made an historic turn of the page
against Bush’s Drug War Nov. 6, when more than 65% cast votes to
tolerate private adult sales, cultivation and possession of cannabis
and allow regulated sales with on-site consumption as soon as possible.
Measure Z, the Oakland Cannabis Regulation and
Revenue Ordinance, officially sets a new city policy to seek to
authorize local businesses to engage in and collect taxes on marijuana
sales to adults as soon as possible. Since that cannot be done without
changes in state law, the policy also put the city on record as
supporting such a change. A provision calling on the city’s paid
lobbyist to work for such a change may not be enforceable, however,
other sections have already taken effect.
Primary among these is making the investigation and
enforcement of all private adult marijuana offenses — including sales
and cultivation — the City’s lowest law enforcement priority.
Proponents predict that this policy will save tax money, redirect law
enforcement toward solving serious crimes, and deter street sales by
providing cannabis consumers with safe and regulated outlets.
Opponents had argued that while they also support
changing state law, the full potential of the ordinance to reduce
street sales and generate revenue cannot be realized without changes in
state and federal laws that they consider to be unlikely, at best.
People familiar with a similar situation in Europe
know this is not quite true. Holland, for example, has the same
international constraints as the US and its national government has
never legalized marijuana sales. Instead, local communities have taken
responsibility for regulating age limits and collecting taxes.
Adults who enter a “coffeeshop” and inquire receive
a menu of marijuana products; youth who enter are shown the door.
Cannabis coffeeshops do not list cannabis among their wares when
accounting taxable revenue, but they dutifully log retail sales and pay
required taxes. City inspectors visit regularly to ensure that the
outlets are clean, do not serve minors, and do not harbor “hard” drugs
like cocaine, meth or heroin.
The Dutch approach, since copied in Germany,
Switzerland, England and other nations, not only works to prevent
police from wasting time going after cannabis consumers, it allows the
local government to get the full benefit of the tax revenue.
The Oakland ordinance takes a similar tact by
requiring that sales must be private (indoors with controlled access)
and involve adults only. Hence, street dealing and sales to minors
remain subject to arrest.
During the campaign, opponents argued that this
leaves the bulk of urban sellers unprotected, but that is one of the
campaign goals, to create incentives to get marijuana off the streets
in return for sellers creating a safe and private network of locations
where adults can obtain the herb.
The Yes on Z campaign was sponsored by the Oakland
Civil Liberties Alliance with major funding from the Marijuana Policy
Project based in Washington DC, and Drug Policy Alliance Network’s Oakland office. While
cities including Berkeley, Seattle and San Francisco also make
marijuana use low police priority, this is the first ordinance to
include cultivation and sales, and groups around the country are
planning to emulate it.
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Chris Conrad |
| About the author: |
| Staunch supporter of Oaksterdam News
Chris Conrad has studied cannabis (marijuana) since 1988. He has written two books on the topic and contributed to others. Familiar with numerous books and at least 100 scientific studies, such as federal Drug Enforcement Administration (DEA) and National Institute on Drug Abuse data. Reported on cannabis dispensaries for California legislators. Consults with government agencies. Testified at National Academy of Science, Institute of Medicine hearings. Regularly consults with physicians including some of the world’s foremost authorities on cannabis and patients as to their knowledge and experiences regarding cannabis.
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