Wednesday, February 2, 2011

Why Are Some Cops So Hostile to Marijuana Policy Reform?





This article by Rob Kampia was recently in Huffington Post:

A few years ago, when the Marijuana Policy Project was lobbying the Minnesota legislature to pass a modest medical marijuana bill, the state prosecutors association led the opposition. Rank-and-file police from the Twin Cities left their beats to fill up committee hearing rooms — in uniform, with handguns strapped to their waists — in an attempt to intimidate the state legislators on the committees.

And law enforcement lied, lied, lied, so much so that we started distributing daily “Law Enforcement Lie of the Day” videos to all state legislators and political reporters in the state. We also slammed the leading local prosecutor’s office with phone calls from angry constituents; he privately threatened to arrest us for “obstructing justice.” I almost wish he had arrested us so that he would have had to explain why trying to help sick people interferes with justice, but he didn’t.

For a couple years, it was all-out warfare, but we finally passed a medical marijuana bill through the legislature in May 2009, only to see Gov. Tim Pawlenty (R) veto the bill, saying he preferred to “stand with law enforcement.”

State prosecutors, police, sheriffs, and attorneys general — not to mention federal DEA and FBI agents — are almost universally opposed to marijuana policy reform measures in every state, to the point where they actually spend time and taxpayer money campaigning and lobbying against us. Why?

1. IGNORANCE: For the most part, rank-and-file cops aren’t trained scientists or policy experts. They don’t spend much time reading medical studies or public policy analyses, and they generally don’t have much knowledge about the issue beyond how it directly affects their jobs. When presented with such information, they tend to listen to the people they encounter most in their work. Unfortunately, those people are almost always government officials or those with a vested interest in keeping marijuana illegal, such as drug treatment specialists. Since this information comes from “trusted sources,’ it’s usually accepted as fact, and differing viewpoints are therefore ignored.

2. JOB SECURITY: Before MPP helped decriminalize marijuana possession in Massachusetts in November 2008, we learned that marijuana-possession arrests accounted for 6% of all arrests in that state each year. So, to some extent, law enforcement was opposing our ballot initiative because they were concerned that some of them might need to be laid off if there were fewer “criminals” to arrest and prosecute. As for me, I never thought that 6% of law enforcement would be laid off; more likely, we were freeing up law enforcement to go after real criminals. Which leads me to…

3. QUALITY OF LIFE: According to the FBI, 48 law-enforcement officers nationwide were feloniously killed in the line of duty in 2009, and none of these were killed by enforcing drug laws. It makes sense that going after murderers would be more dangerous than sniffing under college students’ doors. But policing exists to make society safer, and hunting down nonviolent marijuana users at the expense of thousands of unsolved assaults, rapes, and murders does nothing to accomplish this.

4. COGNITIVE DISSONANCE: It’s hard for any person to change his or her political opinion after years of believing that opinion. So you can imagine how it would be even harder to change your opinion on an issue after you’ve ruined the lives of hundreds or thousands of people by arresting them on that issue. In other words, once a cop arrests marijuana users, testifies against them in court, and moves up the political food chain because of all this, it’s almost impossible for that cop to then declare, “I was wrong.”

Thankfully, there’s an organization of principled law enforcement professionals who are neither ignorant, self-serving, nor mentally calcified. I’m talking about Law Enforcement Against Prohibition, an organization that deserves your wholehearted support.

And there is another ray of hope: When I talk to cops on the beat in the District of Columbia, where I live, I ask them, “What’s the worst crime you usually have to deal with?” They almost always answer, “Domestic violence.” I ask, “Is marijuana involved in that?” They laugh and say, “Never. It’s almost always alcohol.” So should marijuana be decriminalized, or maybe even legalized? “Probably, but the higher-ups would never go for that,” they say.

So there you have it: There are plenty of police officers who see the futility and unfairness of marijuana prohibition up close, but most law enforcement officials with real authority support marijuana prohibition. Why the discrepancy?

The most obvious explanation is that the higher-ups are (1) more likely to be appointed or hired by mayors and city councils, and (2) responsible for presenting departmental budgets to those politicians every year. So perhaps there’s a fifth reason why so many law enforcement officials are hostile…

5. FEAR OF OUT-OF-TOUCH POLITICIANS: Politicians are far behind the public when it comes to understanding the harms of marijuana prohibition. Whether politicians are afraid of being perceived as “soft on crime,” of sticking their necks out on what is still a fairly contentious issue, or of offending particular special interest groups, opposition remains high among elected representatives. Law enforcement officials looking for bigger budgets and better jobs will echo these politicians ad nauseum, providing them with political cover and legitimacy. And there we have a self-perpetuating cycle.

This is why it’s important to engage law enforcement on this issue at every opportunity. Whether it is the cop on your corner or the chief of police, opening the dialogue is vitally important.


Saturday, January 22, 2011

City on a Hill attends Song-Crime Appeals Hearing

Corrections

In the original version of this story published on January 20, a second part of Becky Johnson’s quote was erroneously left out of the published story. The paragraph should read “It was really hard for us to hear that singing for three hours continuously in one spot would be unreasonable,” Johnson said. “I sang less than half an hour and we had 7 witnesses.”

City on a Hill Press regrets this error. This post was updated on January 22 to reflect this change.




Homeless Activists Ruled ‘Unreasonably Disturbing’
Judges say citations justified under city ordinance for noise violation

Published January 20, 2011 at 2:37 am

Becky Johnson was ruled as “unreasonably disturbing” by Santa Cruz County Superior Court. Johnson’s challenge to the city ordinance was denied. A homeless activist, Johnson was cited for singing downtown. Photo by Sal Ingram.

The Santa Cruz County Superior Court recently ruled homeless rights activist Becky Johnson “unreasonably disturbing” and defended the language of the Santa Cruz noise ordinance against accusations of unconstitutionality.

The case involved tenant Sean Reilly, who complained to the police about noise from Johnson’s homeless activism group under his window on Pacific Avenue around 11 a.m. on a day in January last year. Reilly works the night shift at his job and sleeps during the day.

Local attorney Ed Frey represented Johnson in her appeal hearing on Jan. 6. A longtime friend of Johnson, Frey challenged the noise ordinance as being “too vague” as applied to her case.

The noise ordinance has been a highly contested issue among many groups in the Santa Cruz community, most notably the homeless population and the student population. The panel’s decision has far-reaching consequences in the social and political realms.

Controversy arose over a misplaced semicolon in the prosecution’s presentation. Frey argued that it changed the meaning of the ordinance by making it possible to receive a citation when only violating one part.

“If your noise [is] too harsh, it’s too prolonged, it’s at a high volume, it’s physically annoying … if all of those elements are together,” Johnson said, “then there’s reasonable cause to issue a citation. Ed was pointing out that if you take all of these things and put them together, that would be a reasonable ordinance.”

However, the bench saw the issue differently. Judge Ariadne Symons said the singing was too close to residential units to be considered reasonable.

“Were it a completely commercial street with no residences, I think this would be a different analysis,” Symons said.

Johnson said a police officer walked by her group standing outside of Bookshop Santa Cruz without approaching them. She said this showed that the police officer thought the singing was reasonable.

However, upon receiving a complaint from Reilly, who lives above Bookshop Santa Cruz, citations were issued to four individuals. Among the four was Johnson, who had been handing out pamphlets regarding homeless issues and singing songs with a small group on Pacific Avenue.

Frey saw the ruling as socially and politically motivated on the judges’ part.

“If they rule in favor of the likes of Becky Johnson or a homeless person, they are not likely to be welcome in their social circles,” Frey said. “What other explanation could there be? Certainly no valid constitutional one.”

Frey said that residents that live over Pacific Avenue and sleep during the day are not of “ordinary sensitivity,” but Judge Burdick, another judge on the panel, disagreed.

“We have rejected that argument,” Burdick said. “Someone who works the graveyard shift and sleeps during the day is a common occurrence.”

Local activist and radio host Robert Norse sees the ruling as part of a pattern that has arisen in Santa Cruz.

“Musicians are being driven away at the slightest pretext,” Norse said.”[The city is] using these local ordinances to go after them.”

Norse participated in the tabling for homeless rights the day Johnson was cited. Both Norse and Johnson said they noted inconsistencies between their experiences on Pacific Avenue and how the court weighed the evidence. Johnson claims the court got some basic facts wrong.

“It was really hard for us to hear that singing for three hours continuously in one spot would be unreasonable,” Johnson said. “I sang less than half an hour and we had 7 witnesses.”

Norse said the content of the songs and literature may have been the reason for the citation.

“The judge gave the appearance of fairness, but did not let some of the basic facts of the case come out,” he said. “Our case, of course, is the case of people in front of Mayor Coonerty’s bookstore, criticizing Mayor Coonerty’s anti-homeless laws.”

As the judges left the courthouse, Norse broke into song. He chose one of the songs Johnson had been cited for singing. Lyrics penned by Norse, the song is to the tune of Petula Clark’s classic “Downtown.”

“Don’t let them steal your rights, Downtown!” Norse sang. “Tickets are waiting for you.”