Oakland Civil Liberties Alliance

VOTE YES ON MEASURE Z!

Oakland Civil Liberties Alliance

Political Action Committee

1714 Franklin Street, #100-118
Oakland, CA 94612

FPPC ID# 159121
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Yes on Measure Z: Oakland Cannabis Initiative

Oakland's alternative to the Drug War.

 

1. What is the purpose of Measure Z, the Oakland Cannabis Initiative?

This initiative directs the city to support changes in public policy regarding cannabis (marijuana), with the aim of regulating, licensing and taxing cannabis sales to adults as soon as possible under California law, and, in the meantime, making private adult cannabis offenses the lowest police priority. The purpose of this ordinance is to reduce law enforcement costs, eliminate criminal traffickers, keep cannabis off the streets and away from children, raise much-needed revenue for the city, and advocate for sensible changes to cannabis law at the State and other levels of government, as necessary.

2. What, specifically, would Measure Z do?

  • (1) Establish a system to license, tax and regulate cannabis for adult use as soon as possible consistent with California law, with regulations to prevent access by minors, require good business practices and health and safety standards, prohibit sales near schools, limit public advertising, and license on-site consumption.
  • (2) Make investigation, arrest, prosecution and imprisonment for private adult cannabis offenses the lowest law enforcement priority, while continuing to enforce violations involving distribution to children, street sales and use, and motor vehicle violations.
  • (3) Create a community oversight committee to monitor implementation of the ordinance and disbursement of any funds raised through cannabis fees and taxes, to ensure that they are being spent properly.
  • (4) Lobby the State (and other levels of government as necessary) for changes in law to allow Oakland and other communities to tax and license cannabis sales to adults.

3. Do Oakland voters support this new approach?

In January 2004, a public opinion poll was commissioned of 600 Oakland likely voters. This poll discovered that 75% of respondents want the enforcement of private, adult cannabis offenses to be the lowest priority for law enforcement. In addition, 70% answered YES to the question: "Shall the City of Oakland tax and regulate marijuana for adult use to keep it off the streets, away from children,and raise revenue for the City, as soon as possible under state law."

In the past year, similar initiatives have passed in Seattle, Washington and Mendocino County, California. In addition, 90% of Oakland voters believe that the "war on drugs" is not working. 51% believe that alcohol is more serious a problem than cannabis (only 14% believe that cannabis is more problematic than alcohol).

It is politically safe in Oakland for elected officials to support cannabis law reform. When asked how they would feel about a politician who publicly supported changing cannabis policy toward a tax-and-regulate approach, 40% of likely voters said they would be more likely to vote for such a candidate, 39% said that it would make no differencein their vote, while only 16% would be less likely to vote for them.

4. Does Measure Z violate the law?

No, this initiative does not violate the law -- instead it seeks to change the law. The initiative does not force the City to break laws, but rather, calls upon the city to support efforts to reform California laws. The initiative specifically avoids calling upon Oakland to implement the regulated and taxed sale of cannabis to adults until state law allows it.

5. Does Measure Z allow people to smoke cannabis in public?

No! This initiative seeks to take cannabis off the streets, and out of the hands of dangerous criminals, by moving it into regulated businesses. Public dealing will remain illegal. Smoking in public places would not be sanctioned.

6. Does Measure Z allow people to drive while impaired?

No! Even though it is legal to sell, buy, and consume alcohol, it remains illegal to drive (or operate other dangerous equipment) while intoxicated. Similarly with cannabis, even when private consumption by adults is allowed, driving while impaired will nonetheless continue to be prohibited.

7. Measure Z specifically asks for changes in State law, but it is not clear whether you are seeking changes in Federal law. Why?

Historically, control over the regulation of public safety and general policing powers, along with the power to control sales taxes, have been held by the States. It seems that the implementation of a regulation and taxation system would not be able to succeed without permission from the State government. The role of the Federal government is less clear -- and recent Federal court cases suggest that the Federal government might not have constitutional authority to prohibit cannabis use unless there is interstate trafficking involved. (Earlier in our history, a constitutional amendment was needed to allow Federal prohibition of alcohol. Alcohol prohibition was a miserable and costly failure, causing increased violence, and it was soon eliminated through another constitutional amendment, taking away Federal prohibition powers.) The question of whether the Federal government has the power to prohibit cannabis when it is entirely within a State remains unresolved.

8. Why do you believe that regulating and controlling cannabis, and licensing sales to adults, will do a better job of preventing hard drug use and addiction than does current policy?

The Netherlands, including Amsterdam, allows cannabis to be sold to adults through licensed businesses, called "coffee shops." The US-Netherlands comparison is as follows:

Indicator

USA
Netherlands

General prevalence of cannabis use (among all people age 12+)

33%
15.6%

General prevalence of heroin use

1.1%
0.3%

Incarceration rate per 100,000 people

645
77.3

9. How can I help with Measure Z?

You can assist the initiative effort by talking to other voters about it, writing letters to the editor in support of it, calling into talk radio programs to encourage people to vote yes, volunteering to handle administrative tasks, donating funds to help support this effort, and/or by hosting a "house party" or other fundraiser for the campaign! For more information, to sign up online or get involved or donate, please click buttons below:

Click here to download FAQ sheet in Word format.

Click here to download FAQ sheet in PDF format

 Measure Z: Oakland's alternative to the Drug War.

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Nancy Nadel:
Oakland City Council Member

"Alcohol prohibition led this country through one of the most violent periods of our history and was never successful in stopping alcohol abuse. While alcohol abuse is still a social problem, people no longer kill each other over its sales. It is past time to make the same policy change for cannabis and focus our precious public dollars on helping those people with substance addictions."

Notable Quotes

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