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Mendocino pot initiative may reach ballot
If it becomes law, court can overturn Apr. 24, 2000
By UCILIA WANG
Press Democrat News Services
Mendocino County supervisors on Tuesday will consider an initiative that would legalize the personal use of marijuana, but the county's attorney said if the law is adopted it is unlikely to be held up in court.
The initiative, which has enough signatures to qualify for the November ballot, also contains provisions that would direct supervisors to prevent the district attorney and the sheriff from enforcing laws that prohibit personal marijuana possession and use.
"Marijuana is not a problem. The only problem is it's illegal," said Bruce Hering, who helped gather signatures for the petition. "There are a lot of people in this county using marijuana illicitly. I think they will vote for this."
The supervisors by law can either adopt the Green Party- sponsored initiative as an ordinance or put it to a public vote, said county Counsel Peter Klein in a written opinion.
Some supervisors said placing the initiative on the ballot is a better choice.
"We have an obligation to put it on the ballot as an initiative and we should let the people speak and see what the response is. It should be interesting," said Supervisor David Colfax on Friday.
Klein is recommending that supervisors request reports from county agencies that would be affected by the initiative before putting it on the ballot.
The initiative received more than twice the number of required signatures, not surprising in a county that has one of the few remaining medical marijuana clubs in the state.
The initiative would require the supervisors to use their budget-making power to cut off funding to the sheriff's and district attorney's offices for the arrest and prosecution of people who grow or use no more than "25 flowering female marijuana plants or the equivalent in dried marijuana."
Commercial cultivation and sales of marijuana would still be illegal, according to the initiative.
The supervisors also would be required to lobby the state and federal government to change laws regulating personal marijuana use.
Klein said the initiative is unlawful and isn't likely to be held up in court if it is approved. He also cited court cases prohibiting county supervisors from dictating how other elected county officials, such as the district attorney or the sheriff, should carry out their work.
"A county ordinance cannot override a state statute which directs full enforcement of all state laws, even if it is couched in terms of the duties of the Board of Supervisors in setting the budget," Klein wrote.
Klein said although the county cannot prevent the initiative from being put to a public vote, it could ask the court to remove it after it is placed on the ballot.
District Attorney Norm Vroman said Friday he hasn't read the initiative so he couldn't comment on it. Sheriff Tony Craver couldn't be reached for comment.
Sheriff's spokesman Capt. Kevin Broin said there's no plan to change how state and federal laws are enforced.
"We will be looking at this with great interest," Broin said. "But we will continue to follow federal and state guidelines."
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