Stamping out pot at shows is no easy task

Outdoor concerts can hinder enforcement


By Terry Rodgers
UNION-TRIBUNE STAFF WRITER

September 1, 2008




The stage lights go dim. A pungent odor saturates the air.

And those aren't fireflies flickering in the summer night.

In American culture, music and marijuana have been like popcorn and butter since the advent of the jazz era in the early 20th century.

That history doesn't discourage drug-prevention specialist Lisa Silverman of Carmel Valley from trying to reverse society's casual attitude toward the forbidden herb.

In August, Silverman attended a free Ziggy Marley concert at the Del Mar Racetrack, just as she had the previous year, to see if pot smokers were as abundant as before. Sure enough, bongs, blunts and joints were ablaze.

Not only were the pot-puffing reggae fans not intimidated by security guards, they offered some to anti-marijuana crusader Silverman, 49.

"There were very few attendees who were not smoking marijuana," Silverman said, recounting her reconnaissance mission recently to a stunned board of directors for the fairgrounds.

Officials for the 22nd District Agricultural Association, the state agency that oversees the 360-acre fairgrounds, appeared concerned and agreed to investigate.

One possible backlash: The state-owned fairgrounds may avoid booking bands that attract a plethora of pot smokers. The fairgrounds hosts about 30 major concerts each year, including 10 booked by the Del Mar Thoroughbred Club to boost attendance at the summer races. The club leases the fairgrounds' racetrack.

"The ball is in their court," said Tim Fennell, the fairgrounds' general manager, referring to music fans. "Don't jeopardize the music you like by doing something improper."

Experts on the concert scene say snuffing out marijuana smoking, especially at outdoor venues, might not be a realistic goal.

"If people want to get high, they will get high no matter what the regulations are," said Kenny Weissberg, a veteran San Diego concert promoter.

Reggae, hip-hop and classic rock groups seem to attract more cannabis users than a traditional country act such as George Strait, Weissberg said.

Assistant San Diego City Attorney Chris Morris said some people don't seem to realize they can be fined for possessing marijuana.

"People light up right in front of a police officer – it happens all the time," Morris said.

In San Diego County, an average of 4,617 people have been arrested or ticketed for marijuana possession each year since 1996, according to the state Attorney General's Office.

Statewide over the same period, an average of 46,762 people per year have faced the same charges. Although the offense is a misdemeanor, most cases in San Diego are reduced to a "disturbing the peace" infraction with a fine of $172, Morris said.

In California, the legality of marijuana became clouded by the passage of Proposition 215 in 1996. The voter-approved law allows doctors to prescribe marijuana as medicine to patients who are seriously ill or suffer chronic pain.

Astra Kelly, a musician and disc jockey on FM radio station KPRI, said pot smoking inside clubs and bars is a rarity.

Outdoor concerts are a different story.

At a recent concert at the Cricket Wireless Amphitheatre in Chula Vista, hip-hop superstar Snoop Dogg concluded his set by urging listeners to "smoke some chronic," slang for high-grade marijuana.

"Almost immediately, you could see the plumes of smoke go up," Kelly said.

San Diego songwriter Steve Poltz said he remembers attending an outdoor concert featuring James Taylor when the mellow superstar caught a whiff of marijuana smoke.

"Ah, yes," Taylor mused. "The fine scent of herb being carried on the evening zephyr."

The Special Events Unit of the San Diego Police Department enforces marijuana laws at concerts held at the municipal Sports Arena, but usually not in the seating area. Those ticketed for possession of marijuana typically are caught lighting up in restrooms or hallways, said the unit's supervisor, Lt. Dan Christman.

"It's not so easily addressed in the seating area where it's dark and hard to find out who is doing it," Christman said.

The National Institute on Drug Abuse describes marijuana as "the most commonly used illegal drug in the U.S." A 2007 institute survey shows nearly one-third of high school seniors had used marijuana at least once in the previous year.

"They can't search every kid that comes into a venue," said Phil Hubbs, executive director of Proactive Network Against Substance Abuse. "Ultimately, it falls back on parental responsibility – what they allow their kids to do."

Hubbs, who is also a police officer, said security personnel can provide a "visual deterrent," but once the lights go down, it's difficult for them to pinpoint a pot smoker.

Concert fan Julia Apple of Encinitas said pot smokers are better-behaved than people who are drunk.

"When will marijuana stop being the villain for ignorant people to use as their scapegoat for what's wrong in this world?" Apple said. "I'd much rather be around a group of people smoking a joint at a concert than even one person who may have had one too many."

Parents who tried marijuana in their youth may not realize the pot sold today is far stronger, said Silverman, who works with the county's Health Advocates Rejecting Marijuana program.

"Marijuana today is a potent drug and has serious health consequences," she said. "It's not the same pot as in the '60s or '70s."

Silverman said a ban on smoking at the Del Mar Fairgrounds would be a good first step.

"We want a zero-tolerance policy against smoking of any kind," she said.

At the fairgrounds, smoking is prohibited indoors and in the racetrack grandstand seating area. Smoking is allowed outdoors, including food courts, patios and the paddock.

Track spokesman Mac McBride said horse racing seems to attract a certain kind of smoker.

"I see more cigars here than anywhere else," McBride said.

McBride said he believes race fans would simply shrug and adjust to a total ban on smoking.

"Would it upset people? Probably, yes," he said. "But would it lead to them never coming back? I sincerely hope not."

Steve Bloom, 53, a New York writer and author of "Pot Culture: The A-Z Guide to Stoner Language & Life," said the controversy at the fairgrounds isn't really about the welfare of children.

"These are just conservative people who don't want other people to have fun," Bloom said. "They may get some headlines, but they're not going to win this battle."

Staff Writer George Varga and researcher Merrie Monteagudo contributed to this report.

Terry Rodgers: (619) 542-4566; terry.rodgers@uniontrib.com


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