Adult Pot Law Upheld in Santa Barbara Court

By Alison Gonzalez

Published on July 16, 2007

Labeled Measure P, the voter initiative makes investigating, arresting, and prosecuting adults for marijuana offenses the lowest crime-fighting priority for officers, unless the offense is committed in a public place or while driving. At least ten other California jurisdictions, including Santa Cruz, West Hollywood, Santa Monica, Oakland, and San Francisco, have enacted similar measures.

The city council said the initiative, which was sponsored by local activist Heather Poet and passed by voters last November, is unconstitutional.

But Superior Court Judge Thomas Anderle disagreed, saying the measure does not stop officers from arresting those who violate drug laws, but only establishes that officers have other higher priority work to do.

Anderle also said Poet was within her rights to free speech as the initiative sponsor, citing a 1984 case in support of his position.

Adam Wolf, an ACLU Drug Law Reform Program attorney who represented Poet, said the ruling is a victory for both the democratic process and free speech. He said voters have demonstrated their ability to make essential decisions about community safety by de-prioritizing marijuana enforcement and redirecting police focus to more serious crimes.

The city council will decide whether or not to appeal the judge’s decision.

Comment on this article →