SACRAMENTO >> A growing number of California law enforcement organizations and leaders are voicing objections to a state ballot measure that would legalize recreational marijuana, saying it would make the state less safe.
The California Police Chiefs Association is one such group.
Law enforcement remains one of the most influential voices when it comes to debating issues such as marijuana legalization, according to Dan Schnur, director of the Jesse M. Unruh Institute of Politics at USC. And their credibility doesn’t seem to have declined, he said, despite recent controversies surrounding the relationship of police and community.
But marijuana legalization advocates have so far collected 40 times more campaign cash than opponents. And with fewer Republican leaders in California who can help raise money for causes backed by men and women in blue, Schnur wonders if law enforcement’s anti-pot megaphone will be big enough to be heard by voters.
“Unless the opposition is able to identify a very generous funding source, it’s difficult to see how they get their message out in a way that allows them to move public opinion,” he said.
Proposition 64 would allow Californians 21 and older to possess up to an ounce of marijuana and grow as many as six plants. The measure would prohibit driving while impaired, giving cannabis to minors or consuming it in public. It also includes provisions for licensing, testing, labeling, advertising and local control over marijuana businesses.
But some public safety officials contend the measure doesn’t go far enough to drive out illicit sales, keep roads safe and protect young people.
“We are concerned that this proposition is bad public policy and does nothing to prevent advertising and marketing to children and teenagers near parks, community centers and child-centric businesses,” said Tom Dominguez, president of the Association of Orange County Deputy Sheriffs, which recently donated $5,000 to the opposition campaign. “It is a danger to our youth and the communities we have been sworn to serve.”
This past week, the association joined 97 organizations, politicians and community leaders who are opposing Prop 64.
The anti-Prop. 64 Coalition for Responsible Drug Policies has raised $159,150. Proponents of legalization have raised $6.5 million, with more than three months to go before the Nov. 8 election.
The legalization effort lists 112 endorsers, including some law enforcement organizations, such as the National Latino Officers Association, Blacks in Law Enforcement of America and Law Enforcement Against Prohibition. Likewise, it includes a number of public safety leaders, though most who are speaking out in favor of marijuana are retired.
“It’s time for law enforcement to admit that the drug war has been a failure,” said Nick Morrow, a former Los Angeles County Sheriff’s Department deputy who’s advocating for Prop 64. “Marijuana is not going to go away if you do nothing. I don’t see the rationale in not regulating it.”
Legalizing marijuana will generate significant tax revenue, but public safety officials are divided over whether California will come out ahead in the end.
Prop 64 establishes a 15 percent sales tax, plus a tax by weight for growers. The Legislative Analyst’s Office estimates that will generate up to $1 billion each year, which will be directed to cover the cost of the program, invest in research, offset environmental impacts and boost law enforcement.
“Marijuana today is the largest cash crop in the state of California and it is untaxed, unregulated,” said Jim Gray, a retired Orange County Superior Court Judge who is campaigning for Libertarian presidential candidate Gary Johnson. “It’s time that this change.”
The Legislative Analyst’s Office also reports that California law enforcement and justice systems might save $100 million each year if Prop 64 passes, since minor possession would be legal and penalties reduced on a number of marijuana-related crimes.
Hutchens also questions claims that legalization will free up jail cells, pointing out that marijuana possession of an ounce or less was decriminalized six years ago.
Another point of contention is how legalization will impact California’s multibillion-dollar black market.
If marijuana is regulated under Prop. 64, revenue would be shifted from violent drug cartels and street gangs to licensed California business owners.
But a number of law enforcement leaders reject that notion.
Law enforcement officials and others point to a paragraph in the 62-page measure that ensures entrepreneurs in the recreational market wouldn’t be turned down for a business license due to prior felony convictions for controlled substances.
Advocates say that provision means longtime medical marijuana business owners can’t be shut out of an expanded market based on crimes that would no longer be felonies under the new legal standards.
But John Lovell, a longtime lobbyist for law enforcement groups, said: “What is incredible about this provision is that it says, ‘We don’t care if you’re a cocaine dealer or a heroin dealer. You can’t be denied a license because of that.’”
Sandra Hutchens, sheriff for Orange County, said she’s been following news out of Colorado since the state became the first to allow recreational marijuana sales two years ago. She noted the state still has a significant black market and said there’s no reason to expect California’s entrenched underground market also wouldn’t persist.
Both sides argue that their biggest concern is keeping young people away from marijuana.
“I don’t think we need one more thing to dumb down our young people and impact their motivation to do well in life,” Hutchens said.
Prop 64 supporters including Lt. Gov. Gavin Newsom have argued that regulating marijuana will make it less available to young people by moving sales into a strict legal structure with stiff penalties for selling to minors.
Morrow said he’s done a “litmus test” of sorts with his two teenage sons. He asked them, “If I gave you $20 to get me a six-pack of beer or a baggie of weed, which one would you come back with first?” Both teens told him it would be much easier for them to get marijuana, since they could go to a kid at school rather than face a liquor store owner who requires them to present identification.
A solid majority of Californians seem to agree with Prop 64 advocates. A May survey by the Public Policy Institute of California found 60 percent of likely voters support legalization.
