Jacob Bell
New Member
In July, pro-marijuana activists filed into Miami Beach City Hall and, alongside a stack of thousands of signed petitions, proudly announced that they were about to make Florida history by forcing a vote to decriminalize small-time pot possession in the city.
But months later, the group has yet to submit the 9,000 documents to the city clerk – the first necessary step toward a referendum.
Eric Stevens, who has coordinated the Committee for Sensible Marijuana Policy's petition drive, said two related issues are holding up the process: finances, and the strong possibility of a court battle with the city after the petitions are handed over.
"I sort of feel as if my hands have been tied for the last two or three months," Stevens said.
The Committee for Sensible Marijuana Policy began pushing petitions on Miami Beach almost two years ago, hoping to collect support from at least 10 percent of the city's roughly 43,000 registered voters in order to create new language in the city's charter that allows officers to issue $100 civil fines for adult possession of a personal stash of pot.
Two months ago, the committee announced it had far surpassed 10 percent and gathered enough signatures to schedule a special election.
But roadblocks quickly materialized.
Commissioners made clear in July that they would not push the issue themselves in order to place the vote alongside choices for mayor and commissioner on the November 1 ballot.
And about a month later, City Attorney Jose Smith opined that state law trumps city law in matters of illegal substances. Citing the legal outcome of a similar situation in the city of Tallahassee, he wrote that the group's proposal to amend the Miami Beach charter "would likely be found to be unlawful" if challenged in court.
County law states that the city schedules the election after the submittal of valid petitions. But Smith said commissioners could choose to fight the pending referendum in court – as Tallahassee did – or refuse to schedule the referendum and leave it up to Stevens' committee to sue.
So unless the Miami Beach commissioners support the effort, the Committee for Sensible Marijuana Policy would be headed for a costly court battle.
"If we don't change Jose Smith's opinion once we get the validation through, then we go to court," Stevens said.
But that presents another problem.
Stevens, who is the committee's treasurer, said the committee doesn't even have the funds to pay the cost of submitting the 9,000 petitions for validation – ten cents per signature – much less fight a lengthy legal battle.
He said he has reached out to the committee's main sponsors.
Rakontur, the local film production duo behind acclaimed movies such as Square Grouper, a documentary about the South Florida pot trade in the 70s, has contributed at least $26,000 to the effort.
But rakontur co-founder Alfred Spellman said he is hopeful that Stevens will be able to secure grants and that others will begin to chip in.
"It's a grassroots effort here," he said. "These types of things take time and we're anxious to get this to voters as soon as possible. But there are several more hurdles."
Stevens and company may want to leap those hurdles sooner rather than later, considering the effort began around June 2010 and state law says that petition signatures inked before May 2011 are only valid for two years.
Said Stevens: "I want to get this done as quickly as possible."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: miamiherald.com
Author: David Smiley
Contact: Contact Us
Copyright: Miami Herald Media Co.
Website: Miami Beach pro-pot effort stalled by finances, legal issues
But months later, the group has yet to submit the 9,000 documents to the city clerk – the first necessary step toward a referendum.
Eric Stevens, who has coordinated the Committee for Sensible Marijuana Policy's petition drive, said two related issues are holding up the process: finances, and the strong possibility of a court battle with the city after the petitions are handed over.
"I sort of feel as if my hands have been tied for the last two or three months," Stevens said.
The Committee for Sensible Marijuana Policy began pushing petitions on Miami Beach almost two years ago, hoping to collect support from at least 10 percent of the city's roughly 43,000 registered voters in order to create new language in the city's charter that allows officers to issue $100 civil fines for adult possession of a personal stash of pot.
Two months ago, the committee announced it had far surpassed 10 percent and gathered enough signatures to schedule a special election.
But roadblocks quickly materialized.
Commissioners made clear in July that they would not push the issue themselves in order to place the vote alongside choices for mayor and commissioner on the November 1 ballot.
And about a month later, City Attorney Jose Smith opined that state law trumps city law in matters of illegal substances. Citing the legal outcome of a similar situation in the city of Tallahassee, he wrote that the group's proposal to amend the Miami Beach charter "would likely be found to be unlawful" if challenged in court.
County law states that the city schedules the election after the submittal of valid petitions. But Smith said commissioners could choose to fight the pending referendum in court – as Tallahassee did – or refuse to schedule the referendum and leave it up to Stevens' committee to sue.
So unless the Miami Beach commissioners support the effort, the Committee for Sensible Marijuana Policy would be headed for a costly court battle.
"If we don't change Jose Smith's opinion once we get the validation through, then we go to court," Stevens said.
But that presents another problem.
Stevens, who is the committee's treasurer, said the committee doesn't even have the funds to pay the cost of submitting the 9,000 petitions for validation – ten cents per signature – much less fight a lengthy legal battle.
He said he has reached out to the committee's main sponsors.
Rakontur, the local film production duo behind acclaimed movies such as Square Grouper, a documentary about the South Florida pot trade in the 70s, has contributed at least $26,000 to the effort.
But rakontur co-founder Alfred Spellman said he is hopeful that Stevens will be able to secure grants and that others will begin to chip in.
"It's a grassroots effort here," he said. "These types of things take time and we're anxious to get this to voters as soon as possible. But there are several more hurdles."
Stevens and company may want to leap those hurdles sooner rather than later, considering the effort began around June 2010 and state law says that petition signatures inked before May 2011 are only valid for two years.
Said Stevens: "I want to get this done as quickly as possible."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: miamiherald.com
Author: David Smiley
Contact: Contact Us
Copyright: Miami Herald Media Co.
Website: Miami Beach pro-pot effort stalled by finances, legal issues
