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Carmichael Times

Criminals' Free Ride About to End

Nov 05, 2015 12:00AM ● By By Roberta L. Barth Government Affairs Reporter

In 1996, California voters approved Prop 215 that made marijuana for medicinal purposes legal, yet, that ballot measure failed to provide consumer protections or regulations to thwart criminal activity.

A three-bill package now sits on Governor Jerry Brown’s desk waiting approval that will make the marijuana industry accountable. Known as the Medical Marijuana Regulation & Safety Act (MMRSA) it proposes to fix the flaws in Prop 215.

One of them, AB 266, will be a landmark action because it would put the licensing power in the hands of the cities and counties, as to who can grow and/or sell marijuana. It also empowers local governments to ban marijuana businesses.

“This is a big victory for cities because it gives us local control so we can jump on problems immediately and nip it in the bud,” said Tim Cromartie, Legislative Representative for the League of California Cities, which co-sponsored AB 266. “Regardless of their policies or politics about marijuana, every jurisdiction will be in the driver’s seat.”

If signed into law, those bills will reverse SB 420 legislation of 2004 that then Governor Grey Davis signed into law that forced all cities and counties to allow anyone to grow or sell medical marijuana. Oakland immediately approved an ordinance to tax marijuana businesses in that city.

Since 2004, parents and school officials throughout California have been expressing frustration at law enforcement and local officials for the denigration of their communities, allowing marijuana operations, and not stopping teens and children from having access to marijuana.

California Assemblyman Ken Cooley (D-Rancho Cordova) co-authored AB 266 with Assemblymen Rob Bonta, (D-Oakland), and Reginald Jones-Sawyer (D-Los Angeles).

One of the three bills, AB 243, is especially important for rural counties because it offers remedies for the widespread destruction of forests and waterways, according to Paul A. Smith, Senior Legislative Advocate for the Rural County Representatives of California.

AB 243 requires all licensed medical marijuana growers to comply with regulations of the Department of Food and Agriculture, the Department of Pesticide Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board.

“Marijuana cultivation has caused severe environmental damage in rural counties and especially the national forests and water ways,” Smith said. AB243 will make the marijuana industry accountable for environmental damage including illegal waste discharges and water diversions.”

Threating to sue the state if it enacts those laws, the American Medical Marijuana Association (AMMA) issued a press release declaring the proposed laws would kill patients because a provision in one of the bills requires that a patient must have a legitimate prescription from a licensed primary physician.

“These bills are a mean spirited attempt to thwart the will of the people and deprive them of medical cannabis,” stated Steve Kubby, Executive Director of AMMA, in his press release. “The medical community is not up to speed with cannabis’ medicinal properties. It is unacceptable and illegal infringement on our rights under Prop. 215.”

Disagreeing with Kubby’s assertions is Chula Vista Police Chief David Bejarano, who is also current president of state’s Police Chiefs’ Association.

“With these bills, law-abiding people will be allowed to flourish, while for the first time the same will not be said about illegal operators,” Bejarano said.

Albeit, cities’ and counties’ ability to stop marijuana crimes may end this year if Congressman Ted Lieu (D-Los Angeles) succeeds in stopping federal funds allocated to local law enforcement specifically for criminal marijuana operations. He is aiming for the law to take effect in 2015.

“It is a huge waste of federal resources for the DEA to eradicate marijuana,” said Congressman Lieu. “The federal government should focus its precious resources on other issues and let the states innovate in the cannabis field.”

The U.S. Justice Department in Washington D.C. refuses at this time to comment on Lieu’s proposed legislation, according to Patrick Rodenbush, spokesperson for the justice department.