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Thursday, September 2, 2010

Mayor Insists Pot Enforcement Is the SPD's Lowest Law Enforcement Priority (and a Correction to Last Month's Article on Pot Arrests)

Posted by on Thu, Sep 2, 2010 at 5:08 PM

Responding to questions that came up in a Stranger article I wrote in August—why are pot possession arrests higher this year than every other year of the last decade?—Mayor Mike McGinn posted an FAQ on his blog yesterday about pot enforcement.

McGinn writes, “Most police contacts involving marijuana occur because of an unrelated offense. For example, of the incident reports filed between January 1st and April 30th of this year, there were only eighty that cited possession of marijuana,” he says. “In only six of those incidents was marijuana the reason for the contact.” McGinn is correct in that analysis—most incidents involving pot don’t start due to a pot investigation.

McGinn says pot is the lowest law enforcement priority for police. My article, however, didn't ask whether marijuana is the lowest priority for police because priority is nebulous and impossible to measure. Rather, the question was: Why were marijuana arrests so much higher this year than any year since 2003, when voters passed a de-prioritization measure? I reported that Seattle police arrested 172 people for marijuana possession in the first six months of this year—a sharp uptick from last year’s records. (It bears mentioning that an arrest doesn't require booking someone into jail, but simply an officer detaining a person and filing an incident report that is referred to the City Attorney’s office for possible prosecution.)

Why was that 172 number I cited so different than the 80 number McGinn cites?

McGinn is using a different set of numbers. I was examining data from the city attorney’s office for a period of six months—not the four months McGinn referred to—in addition to police summaries. (McGinn orginally wrote that the four months were "the time period covered by the Stranger’s public disclosure request" but has since removed that language from his blog.) Also, in referring specifically to police incidents, McGinn omits the fact that several of those incidents conflate more than one person into a single report. So those 80 incidents represent 91 people. Next, in the two following months, May and June, the city attorney’s office recorded another 81 referrals for marijuana possession. That’s 172 people overall.

When I got these numbers from the city attorney’s office, I was skeptical. They seemed incongruent with the trends of the last few years, when the city attorney’s office reported only about 125 cases annually (or about 75 per six-month period). I pressed the city attorney’s office repeatedly to explain why they might be higher. They never provided an explanation, but Assistant City Attorney Supervisor Kevin Kilpatrick stood by his numbers. “We have had the opportunity to recheck the marijuana reports sent to our office, and the results were the same,” he said.

I spoke to the SPD, attempting to better understand why the numbers were so high. They presented a summary of the 80 incident reports (for 91 people). But the SPD could not explain why the numbers were higher this year. Nor could the mayor’s office, which said it would look into the matter and get back to me.

In his post yesterday, McGinn puts forth a theory: A new system to transmit police reports automatically to the City Attorney's office “may account for the increase in incident reports involving marijuana, because in the past some volume of low-priority incident reports were probably never sent to the City Attorney’s Office in the first place.” If so, that’s good. It means we are seeing a more accurate picture of marijuana enforcement in Seattle. But without comparing past years’ records (including the ones that were “probably never sent”) to this year’s records, we can’t be sure that this explanation is correct. The mayor’s office should look into this and reach a conclusion that is more than speculative.

That said, I did make a mistake in the article. I wrote that “147 people have been referred to prosecutors with pot as the only charge” out of the 172 people. That isn’t correct. According to report from the SPD for the first four months, 20 people had a secondary criminal charge, and in the next two months, the City Attorney’s Office reported that five people had a secondary charge. That’s 25 people. But what I didn’t see at the time was that 15 of the cases involved a warrant out for someone’s arrest. That taken into account, it appears that 40 of the 172 cases had pot in addition to another charge. That would leave not 147 pot-only cases, but 132 marijuana-only cases in six months. We'll update the online article with a correction. That’s still sharply higher than last year’s figures; records show there were 28 cases for pot as the only charge all of last year (or an average of 14 in six months). Perhaps this shift in the numbers is a result of new data-tracking.

As for the argument that police are making pot the lowest priority—because marijuana isn't the reason for most stops—I’m not sure I agree with that as a blanket statement (again, it's nebulous). SPD made 31 arrests at Northwest Folklife this year, referring all of those cases for prosecution, and none of them were combined with another charge, according to the city attorney's records. Spending time detaining someone for marijuana, writing a report, taking evidence, etc., is a waste of time for our police. They enjoy a wide array of discretion—discretion cops use all the time when they see a minor offense—and voters have asked them to make marijuana their lowest priority. And while police have the right to do it, for sure (pot is illegal, so don't smoke pot in front of a cop), it’s still a waste of time that could be better spent on real priorities.

 

Comments (18) RSS

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Will in Seattle 1
There's been a real pickup in graffiti tagging citywide.

And, yet, the cops waste our tax dollars on MJ enforcement.

Seriously, that is not ok.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 2, 2010 at 5:29 PM
2
who is the biggest disappointment-
McGinn or Obama?
Posted by Seattle Sally on September 2, 2010 at 5:38 PM
Will in Seattle 3
@2 Ron Paul. Totally gutless.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 2, 2010 at 5:49 PM
Supreme Ruler Of The Universe 4
Seems to uphold the Reefer Madness argument that pot is associated with criminal behavior.

I mean, here is SPD making every effort not to go out and bust people for pot, and the criminals keep walking in the stationhouse, toting it with them.
Posted by Supreme Ruler Of The Universe http://yrihf.com on September 2, 2010 at 6:03 PM
mrbombit 5
This is really good reporting. I kid not.
Posted by mrbombit on September 2, 2010 at 6:10 PM
Will in Seattle 6
Actually, a serious question here. If arresting people for having MJ is the lowest priority, shouldn't the cops go and bust someone for STEALING your MJ (theft) before they waste our tax dollars on arresting you for having it?

Logic. That said, arresting people for driving while toked up is a good thing, as you shouldn't drive stoned. Or drunk. Or high on meds.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 2, 2010 at 6:12 PM
Baconcat 7
It's certainly a great way to get Seattle voters to move on legalizing pot next go around, innit? A win-win for the city and votes would be cutting back on crackdowns and ramping up again next legislative session. Fire under asses, as it were.
Posted by Baconcat on September 2, 2010 at 6:14 PM
Westlake, son! 8
The 31 arrests at Folklife is a clear violation of the "lowest law enforcement priority" policy. The resources of those (I'm guessing) 5-10 officers should have at least been ticketing jaywalkers, better still solving a property crime (theft), or at best committed to a serious investigation of a violent crime.
Posted by Westlake, son! on September 2, 2010 at 6:22 PM
Fistique 9
I appreciate your attention to detail here, Dom, and please don't take it as a slight that I fell asleep halfway through reading.
Posted by Fistique on September 2, 2010 at 6:29 PM
michaelp 10
There is one point that I heard from the Mayor that I agree with - smoking weed in front of cops is stupid. Just because it's lowest priority doesn't mean people should be stupid about it. It still is illegal.
Posted by michaelp on September 2, 2010 at 6:33 PM
11
@10 That's true. I also do not jaywalk in front of cops, just in case. I am not interested in paying a fine because the cop was having a pissy day and felt like writing a jaywalking ticket. Just in case.
Posted by JonnyH on September 2, 2010 at 7:23 PM
12
$113 billion is spent on marijuana every year in the U.S., and because of the federal prohibition *every* dollar of it goes straight into the hands of criminals. Far from preventing people from using marijuana, the prohibition instead creates zero legal supply amid massive and unrelenting demand.

According to the ONDCP, at least sixty percent of Mexican drug cartel money comes from selling marijuana in the U.S., they protect this revenue by brutally torturing, murdering and dismembering countless innocent people.

If we can STOP people using marijuana then we need to do so NOW, but if we can't then we need to legalize the production and sale of marijuana to adults with after-tax prices set too low for the cartels to match. One way or the other, we have to force the cartels out of the marijuana market and eliminate their highly lucrative marijuana incomes - no business can withstand the loss of sixty percent of its revenue!

To date, the cartels have amassed more than 100,000 "foot soldiers" and operate in 230 U.S. cities, and Arizona police are now conceding that parts of their state are under cartel control. The longer the cartels are allowed to exploit the prohibition the more powerful they're going to get and the more our own personal security will be put in jeopardy.
Posted by jway on September 2, 2010 at 7:28 PM
hans millionaire 13
if it is low priority the cops should ignore it, act as if it isn't a concern, like they ignore jay walking littering and whatever else they want

i seriously doubt any one of those arrested attempted to show the police their stash
Posted by hans millionaire on September 2, 2010 at 7:29 PM
Clarence42 14
Officers have to "justify" their time.
If they "justify" it with a 50 dollar ticket the wheels are greased....Attaboy.

Judges refrain from "correcting" officers if they're doing "their" job.

Telling an officer he was wrong, for a judge, is a actual judgement.(Don't tell)

Am I late for the Ball?
Posted by Clarence42 on September 2, 2010 at 8:52 PM
OuterCow 15
Imagine how many pot arrests we'll find out about once they have to wear cameras.
Posted by OuterCow on September 2, 2010 at 8:55 PM
Mickymse 16
Dom, it's nice of you to point out IN BOLD that "priority is nebulous and impossible to measure" but so is looking at the number of arrests without any idea of whether more people are smoking pot on the street or if more cops have been put on neighborhood beats, etc. You're basically missing one of the two numbers in the fraction.

More importantly, Michael @10 is right -- marijuana is STILL illegal. Lowest priority or not, if a cop sees you smoking then you just might get arrested. If a cop arrests you for something else, and finds you in possession of marijuana, then it should be put in your record and you could be prosecuted for it.

SPD is not going around arresting college students for smoking a joint in their dorm or little old ladies for a single potted plant on their windowsill.
Posted by Mickymse on September 3, 2010 at 9:20 AM
Will in Seattle 17
@16 they better not be arresting college students for smoking a joint in their dorm at the UW - the UWPD is in charge on campus and in student facilities - SPD is only supposed to show up if called in or they see a crime in progress.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 3, 2010 at 11:16 AM
18
@18, Mickymse wrote, "Lowest priority or not, if a cop sees you smoking then you just might get arrested.

Sure, you might get arrested. I don't see anyone arguing otherwise. The question is whether you should be arrested, given that the police always have something of higher priority demanding their attention. (Until they're overstaffed and sitting around looking for something to do, that is.)

Mickymse continued, "If a cop arrests you for something else, and finds you in possession of marijuana, then it should be put in your record and you could be prosecuted for it."

Why should he bother? Doing all that paperwork will take away from more important duties, unless he has nothing else to do.

Until they have no higher-priority tasks, our police should not be arresting people for marijuana any more than our prosecutor should be prosecuting them. He's ignoring those charges, and they should be ignoring those incidents. Our police tell us all the time that they're understaffed. We simply cannot afford to arrest and prosecute adults for personal possession of marijuana in Seattle.
Posted by Phil M http://twitter.com/pmocek on September 3, 2010 at 1:59 PM

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