City Unsure How Legalizing Pot Would Affect Residents
October 26, 2010
Even though locals are outspoken about Proposition 19, which would legalize the possession and cultivation of marijuana for personal use in California, City Manager Steve Burrell said it's "almost impossible to tell" how the measure would affect Hermosa Beach if passed.
The initiative would eliminate marijuana restrictions that require users to have a medical need for the drug to buy and possess it. Those rules were established with the 1996 passage of Proposition 215, known as the Compassionate Use Act.
But even though medical marijuana was legalized under Proposition 215 in California, the drug is still illegal under federal law.
Ultimately the legality of medical marijuana use is at the discretion of the U.S. attorney general, said Hermosa Beach Police Chief Greg Savelli.
"Attorney General [Eric] Holder and President Obama have a feeling that medicinal marijuana is OK, but recreational use of it is not," Savelli said. "That's a line they are drawing. The federal government is not going to stand down just because California voters may approve this measure… and they will enforce it if necessary."
Therefore, even if Proposition 19 passes in November, Hermosans who smoke pot for recreational use could risk being arrested since they would be breaking federal law.
"There will probably be legal action taken by the state or the feds to prevent the implementation of the law," Savelli said. "There will be court action on the item before it's ever cleared to be legal."
Hermosa Beach seems to agree with federal law, prohibiting medical marijuana dispensaries under the city municipal code 17.42.110.
And recently, Sheriff Lee Baca, Los Angeles County District Attorney Steve Cooley and Los Angeles City Attorney Carmen Trutanich urged a no vote on the proposition at a news conference, saying that they "would not uphold the marijuana measure if it's approved."
But some retired law enforcement officers and judges support the proposition, which they said in a September news conference, "would free up scarce resources to prosecute more serious offenses."
Those against Proposition 19 have questioned how law enforcement will protect residents from the dangers of marijuana.
And, with law enforcement officers divided on the issue, voters such as Nikki Marshall are finding it difficult to decide. She believes legalizing marijuana might increase the number of people who drive impaired.
"I've seen people who seem like they can function pretty well on marijuana," Marshall said. "But I still wouldn't trust them with some of the more serious judgments and certain reflexes that you need when driving."
Before she makes her decision, she wants to know "how they're going to enforce it."
A local religious leader, who declined to be named in this story, said he is against Proposition 19 because within his organization, "we're opposed to anything that clouds one's judgment," but he added that consuming alcohol within reason is OK.
Hermosa resident Tyson Elliot is in favor of Proposition 19.
"Making drugs illegal…creates a criminal element, and that's where the violence comes from," he said, citing the argument that legalizing marijuana would take power and profit away from drug cartels that traffic marijuana into the United States.
"[We're] better off putting more money into rehabilitation and education as opposed to criminalizing [marijuana]," Elliot said.
Patch contacted local smoke shop operators to get their views on the measure, but none of them would comment on the record about how it might affect the city or their business.
Some store owners did say that Hermosa Beach is very conservative when it comes to marijuana consumption.
Even though locals are outspoken about Proposition 19, which would legalize the possession and cultivation of marijuana for personal use in California, City Manager Steve Burrell said it's "almost impossible to tell" how the measure would affect Hermosa Beach if passed.
The initiative would eliminate marijuana restrictions that require users to have a medical need for the drug to buy and possess it. Those rules were established with the 1996 passage of Proposition 215, known as the Compassionate Use Act.
But even though medical marijuana was legalized under Proposition 215 in California, the drug is still illegal under federal law.
Ultimately the legality of medical marijuana use is at the discretion of the U.S. attorney general, said Hermosa Beach Police Chief Greg Savelli.
"Attorney General [Eric] Holder and President Obama have a feeling that medicinal marijuana is OK, but recreational use of it is not," Savelli said. "That's a line they are drawing. The federal government is not going to stand down just because California voters may approve this measure… and they will enforce it if necessary."
Therefore, even if Proposition 19 passes in November, Hermosans who smoke pot for recreational use could risk being arrested since they would be breaking federal law.
"There will probably be legal action taken by the state or the feds to prevent the implementation of the law," Savelli said. "There will be court action on the item before it's ever cleared to be legal."
Hermosa Beach seems to agree with federal law, prohibiting medical marijuana dispensaries under the city municipal code 17.42.110.
And recently, Sheriff Lee Baca, Los Angeles County District Attorney Steve Cooley and Los Angeles City Attorney Carmen Trutanich urged a no vote on the proposition at a news conference, saying that they "would not uphold the marijuana measure if it's approved."
But some retired law enforcement officers and judges support the proposition, which they said in a September news conference, "would free up scarce resources to prosecute more serious offenses."
Those against Proposition 19 have questioned how law enforcement will protect residents from the dangers of marijuana.
And, with law enforcement officers divided on the issue, voters such as Nikki Marshall are finding it difficult to decide. She believes legalizing marijuana might increase the number of people who drive impaired.
"I've seen people who seem like they can function pretty well on marijuana," Marshall said. "But I still wouldn't trust them with some of the more serious judgments and certain reflexes that you need when driving."
Before she makes her decision, she wants to know "how they're going to enforce it."
A local religious leader, who declined to be named in this story, said he is against Proposition 19 because within his organization, "we're opposed to anything that clouds one's judgment," but he added that consuming alcohol within reason is OK.
Hermosa resident Tyson Elliot is in favor of Proposition 19.
"Making drugs illegal…creates a criminal element, and that's where the violence comes from," he said, citing the argument that legalizing marijuana would take power and profit away from drug cartels that traffic marijuana into the United States.
"[We're] better off putting more money into rehabilitation and education as opposed to criminalizing [marijuana]," Elliot said.
Patch contacted local smoke shop operators to get their views on the measure, but none of them would comment on the record about how it might affect the city or their business.
Some store owners did say that Hermosa Beach is very conservative when it comes to marijuana consumption.
