From left: Volunteer Shantih Kleen, James Elam and Corey Zinn canvass for signatures in May 2022 for the ÂÒÂ×ÄÚÉä Can’t Wait marijuana ballot initiative.
From left: Volunteer Shantih Kleen, James Elam and Corey Zinn canvass for signatures in May 2022 for the ÂÒÂ×ÄÚÉä Can’t Wait marijuana ballot initiative.
Courtesy photo
ÂÒÂ×ÄÚÉä City Council members were slated to vote Monday on a petition to lower the criminal penalties for marijuana possession. Now, they won’t have to.
Last month, a petition to lower the criminal penalties for marijuana possession was submitted to ÂÒÂ×ÄÚÉä’s City Council with 1,857 signatures — enough, under the City Charter, to trigger a vote within 30 days and a possible ballot initiative. However, City Attorney Kevin Baker sent a memorandum to the City Clerk last week and all council members Thursday saying — in his legal opinion — the 1,857 signatures is not enough.
Charter versus code
According to Baker’s memorandum, the City Charter and state code do not align on the issue of petition signatures.
The Charter says signatures of registered voters must equal at least 10% of the number of votes cast for mayor at the last election — at least 1,518 in this instance. State Code says signatures of registered voters must equal 10% of all qualified voters in the city, or at least 3,378 in this instance.
Baker wrote that the Supreme Court was likely to find that the Charter is superseded by state law. In the memorandum, which was written after a council member asked whether state code supersedes the Charter in this instance, Baker said that the City Council does not have to act on the petition, nor could it be placed on the ballot.
Mixed messages
However, Corey Zinn, a community organizer who submitted the petition, showed the Gazette-Mail that Baker told him last year only 1,518 signatures would be needed.
Baker said he, “could have done more research then,†but he was only looking at the Charter. When a council member asked about the state code, he did more in-depth research. “I hope they know we’re all working in good faith,†Baker said, acknowledging it was an “awkward spot.â€
But Zinn, who was notified about the signature memorandum last Friday, doesn’t feel the city is working in good faith. He mentioned previously being told he couldn’t add signatures to a petition after it was submitted and restrictions he thinks were put on signature collecting at city events.
“It kind of seems very apparent that the city is doing everything they can to keep this off the ballot,†he said.
The last time a petition resulted in a ballot initiative was 1959, according to Baker. Zinn said he knows it’s been a while, but he’d like the process to be clear.
“There is a huge lack of clarity on how the City of ÂÒÂ×ÄÚÉä will be handling this ballot initiatives and future ballot initiatives, which in itself is hugely limiting to the power of the people in ÂÒÂ×ÄÚÉä,†Zinn said in a statement.
He said organizers are looking into options to hold the city accountable to its charter.
“This is a huge slap in the face to the volunteers who have worked so hard on this initiative,†he said. “We think it’s really disgusting that the city is essentially changing their own interpretation after the fact.â€
Other marijuana legislation
Zinn does hope that a bill sponsored by council members Frank Annie and Chad Robinson to lower penalties for marijuana possession will pass.
