More on Marijuana

Coming to a backyard or storefront near you: MARIJUANA!!

As a follow-up to my posting of May 7, 2010, which contained very little in the way of passionate editorializing, I now feel compelled to speak even more frankly about the issues of “medical marijuana” and marijuana in general. There are just some things that I believe the citizens of our community need to know, and I am concerned about what I will characterize as the “absolute madness” associated with the current community conversation about these issues.

First, medical marijuana. I want to say very clearly that I believe there is in fact a legitimate use for marijuana as a medicine. I am a two-time cancer survivor, and although I have never smoked marijuana in my life, I have been exposed to critically ill people who have. There is no question it makes them feel better.

My concern about marijuana as a medicine is that this use has been so bastardized, its really hard to take seriously. I know of no other “medicine” that has been as popularized as marijuana with t-shirts, logos, jewelry, coffee mugs, mouse pads, neck-ties, every imaginable type of accessory, magazines and cult-like followings. I even saw a pair of marijuana tennis shoes and a marijuana skateboard! I mean, really? This is all about medicine? I’m calling baloney on that one. All of these things contribute to the delegitimization of marijuana as a medicine. In my opinion, even the labeling of the one of the applicable bodies of law as Senate Bill 420 also delegitimizes medical marijuana as a medicine.

Prop 215, which was passed by the voters in 1996, allowed for a couple of very simple things in relation to medical marijuana: possession and cultivation. There is nowhere in the law, or any interpretations of the law by the current Attorney General and the Butte County District Attorney, that makes it legal in any way to “sell” marijuana or to generate profit. So when we hear about all of these civic minded medical marijuana dispensaries talk about how they intend to donate their extra revenue to worthy cause, they are in effect acknowledging in advance that they are intending to commit crimes - there should be no “extra” revenue. Said differently, once the conversation turns toward money, with such terms as “affordable medicine,” “excess revenue,” “generating funds to balance the local budget,” etc., the scope of the law as intended has been exceeded. For somebody to come forward and propose the large scale commercial production of marijuana in our community, which, as a “benefit” to the community, will generate millions of dollars is utterly ridiculous....and simply illegal!!

Now let’s talk a little about cultivation... I’m all for the guy or gal that needs their medicine planting a couple plants in their backyard. I’m even OK with 2-3 people coming together and doing it. But these “medicinal cannabis” grows where dozens of plants are growing 4' over the top of the backyard fences with barbed wire across the top, and armed thugs are sitting with pit bulls that attack the neighbor’s fence every time they go out into their own yards is just wrong! Add to that, the twenty four hour a day foot and vehicle traffic at the residence where the “thug-guests” are only staying for a minute or two - most don’t even get out of their cars (they “visit” at the driver’s window - ya right!!). Hello!!! This is not a medicinal marijuana grow - plain and simple, it’s a drug dealer!!! The thing that is most maddening to me about this kind of conduct is that the neighbors are terrified to say or do anything, and are relegated to living in fear because of repercussions if they take action or even call the police. That’s not right.

What even more maddening is that these things that I have mentioned are the “undiscussables” in the current community conversation about marijuana. The bulk of the attention, and certainly the bulk of conversation from the public speakers on the issue, is all about how important it is that all the sick people get their medicine.....welllllll.....what about all the other tax paying citizens that want to feel safe in their homes and not be exposed to the farce that “medical marijuana” has become????

And now we have a movement in California that has resulted in Proposition 19 being on the November ballot... to legalize marijuana. It is titled to “Regulate, Control, Tax Cannabis.” Well, that’s all that everyone hears, but has anyone really read the text of the initiative? It’s crazy! As part of the author’s very first “finding,” it is noted that “...we have failed to control cannabis or reduce its availability.” As a police officer of 30 years, I’ve noted that we have apparently failed to control thieves too (we arrest lots of them every week). Does that mean we should use that as a basis to decriminalize theft. And that’s just the beginning....there’s more....”Cannabis consumption is simply a fact of life for a large percentage of Americans.” So I guess that makes legalization a patriotic act??? And then they go on to suggest that the tax revenue generated from Cannabis can be used to fund jobs, health care, schools, libraries, roads and more. Is that what we really want?

Now here’s the real biggie.....anyone who is an employer, or a supervisor or manager in a work place should be very concerned....Prop 19 says: “No person shall be punished, fined, or discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act.....Provided however, that the existing right of an employer to address consumption that “actually impairs” job performance by an employee shall not be affected.” What does this mean? It means that unless an employer (or their representative supervisors or managers) can specifically articulate that an employee is impaired, nothing can be done about them possessing marijuana in the workplace, using marijuana, or coming to work with marijuana in their system. This is just bad....and even dangerous for business.

I could go on and on about how poorly written this initiative is. Suffice it to say, it is misleading with its title, and actually does nothing to regulate, control or tax marijuana. In fact, as written it does not establish any clear, statewide standards. Instead, it leaves it to the 478 government entities in California to each come up with their own set of rules for how to tax and regulate marijuana. Is that we want in California? 478 different sets of rules - one for each city and county in the state? I just can’t believe that makes good sense to anyone.

This proposed law also touts all the virtues of marijuana, but says nothing about the untold social costs. While the regulation of cigarettes and alcohol are pointed to as models for revenue generation and taxation, there is no mention of the associated treatment costs that are likely to increase exponentially if marijuana is legalized. The proponents would argue that marijuana has no addictive qualities, and it is not harmful. If that is the case, why would marijuana addictions account for nearly 20% of the admissions to treatment facilities in California in 2009, where it was only 2nd to amphetamines (per California Department of Applied Studies, Substance Abuse and Mental Health Services Administration, Treatment Episode Data Set).

In the grand scheme, it may be right to legalize marijuana some day. But that day is not today, and Prop 19 is not the answer. It appears to have been written by pro-marijuana advocates with the specific intent of tying the hands of those who have to deal with real problems related to marijuana. It has no regard for the legal issues and social costs, and its passage would virtually guarantee years of litigation in the courts to resolve the inherent problems. This is simply bad law.

So what’s happening here in Chico? There continues to be citizens who live silently and in fear (and who are not being heard and considered) because of the conduct associated with “medical marijuana” in residential neighborhoods. As I said, the overwhelming majority of local conversation in public venues seems to be from extreme pro-marijuana advocates. I don’t think its right that the community sits idly and watches its culture, safety and livability change because of the extremism of a few. I encourage all citizens of Chico who have thoughts or perspective on this issue to become informed, and to become involved in the process - ensure that your voice is heard. We are on the verge of changing the quality of life in our community, and you should have a say.

Want to know more about Proposition 19? Here's a link to the documents that were submitted to the Secretary of State:

http://ag.ca.gov/cms_attachments/initiatives/pdfs/i821_initiative_09-0024_amdt_1-s.pdf