Commissioners vote to amend I-2

Initiative 2 no longer applies to marijuana-related felonies. After two hours of sometimes-impassioned testimony from the public, Missoula County commissioners voted 2-1 to amend the initiative.

“I don’t believe Missoula County should become an oasis for use and distribution of marijuana, and I think without these amendments it will,” said Barbara Evans, chairwoman of the Missoula Board of County Commissioners, in explaining her vote.

Initiative 2, passed by Missoula County voters in the November election, encourages county law enforcement agencies to treat all adult marijuana offenses as their lowest priority. County Attorney Fred Van Valkenburg asked the commissioners to change the initiative so that it does not apply to felony offenses.

About 50 people packed the meeting room, with another 25 watching a video feed in a separate room.

Van Valkenburg started the meeting with an explanation of why he felt an amendment was necessary. He was followed by dozens of members of the audience, most of them in disagreement.

Van Valkenburg said that it is unreasonable to make large quantities of marijuana a low priority, in part because people who deal large quantities of pot also often deal with harder drugs.

He also said that he didn’t think voters realized the initiative applied to felonies.

“How do I know that? It’s a gut feeling. I’ve been in this business a long time. I’m very sensitive to what voters in the community believe and how they want their community to operate.”

His final argument was based on the way various precincts voted. Van Valkenburg showed a map, illustrating that most of the votes in favor of the initiative came from within Missoula, while the county residents outside the city voted against it. So, because Initiative 2 applies only to county law enforcement agencies – not the city police force that does most of the law enforcement within city limits - the initiative will have the most effect on the people who wanted it least.

Many of those opposed to the amendment argued that changing the initiative would undermine the democratic process.

“It’s not really about marijuana. It’s not even about the initiative … It’s about democracy,” said John Masterson, who is the chair of the committee that oversees the implementation of Initiative 2.

“Amending the initiative at this early juncture would violate the trust of the voters,” he said.

Several also pointed out that they fully understood the implications of the initiative.

“I knew what I was voting for and I think the other 24,411 voters did, too,” said Adam Jones in reference to the number of people who voted in favor of Initiative 2.

Lifelong Missoula resident Warren Little said he didn’t understand the initiative, though.

“I interpreted it to be dealing with minor misdemeanor offenses,” he said.

Van Valkenburg spoke again just before the commissioners voted, and said he was disappointed that opponents of the amendment had portrayed him as “someone who is trying to thwart democracy.”

“I see it as almost the opposite,” he said. “I’m trying to implement this in a reasonable manner.”

Ultimately, the commissioners were quick in casting their votes, with Jean Curtiss and Barbara Evans in favor of the amendment.

“It’s our job to look at how this is going to play out on the ground,” Curtiss said. “I think this will clarify law enforcement’s role.”

Bill Carey voted against changing the initiative.

“I think we ought to accept the amendment voters approved,” he said.

Citizens for a Responsible Crime Policy, the group that worked to put Initiative 2 on the ballot, expected the outcome, treasurer Paul Befumo said. 

“I’m not surprised,” he said. “I’m disappointed, but I’m not surprised,”

Befumo said the group will work to undo the change.

“We at CRCP will fill our responsibility to make sure any mistakes made by the county commission will be corrected,” he said.