The Sacramento Bee reports the BCC’s latest budget request calls for the creation of nearly 90 new police officers who would be tasked with enforcing the 2016-passed Prop. 64, which legalized recreational marijuana. This new branch of law enforcement would involve absorbing nearly 60 positions (47 sworn) from the Department of Consumer Affairs’ Cannabis Enforcement Unit and then hiring about 30 more.

BCC Vows to Crack Down on Black Market Sales

As our Los Angeles marijuana attorneys understand it, the main goal of the new LEO division? Illicit market cannabis control. The request comes three years after the state’s first recreational marijuana sales took place. Last year, the BCC seized more than two dozen tons of black market cannabis. While the legal market made about $3 billion, the under-the-table cannabis trade racked up more than $8 billion in sales.

An affiliate of the union representing the existing BCC employees argues that millions of units of untested product sales statewide put the public in danger by bypassing labeling and testing rules and failing to ensure the substance doesn’t fall into the hands of kids under 18. Plus, it jeopardizes above-board businesses.

Duties of the new police officers would include investigating criminal activity and unlicensed pot shops, as well as helping with on-site inspections. The BCC opines the agency will likely handle some 2,000 cases a year. If the agency were to continue at current staffing levels, the agency said that would amount to hundreds of cases backlogged. They insist only police officers would have the authority to carry out certain duties, such as seized unlicensed marijuana and related products, make arrests, verify unlawful possession of a firearm, request search warrants from judges or review criminal justice databases. The budget requests indicates that currently, their investigations sometimes overlap with local law enforcement efforts because their office cannot review criminal records.

But are more police really the answer? The BCC and some law enforcement agencies are partially funded by legal marijuana sales. This helped to sell the whole idea of Prop. 64 to more conservative voters. In fact, public safety was promised 20 percent of the estimated $ 1 billion in annual tax revenue the Adult Use of Marijuana Act was expected to generate. That created controversy from legal marijuana advocates when it was first proposed, but it was purportedly necessary to get the measure passed.

Should Police Still Get a Cut of Cannabis Profits?

Some could argue that paid off. While law enforcement lobbyists still opposed the measure, they didn’t launch a massive counter-offensive, and the law passed.

Cannabis legalization was also sold as a means to lower costs for law enforcement. After all, if possession and sales of marijuana is no longer criminal, that should amount to fewer investigations, arrests and incarcerations.

Yet police departments still argue that legalized marijuana is going to require more money, more resources, more labor – and that’s why they deserve a cut. Scholarly research is conflicted.

For instance, one study found that traffic deaths per million initially rose by one in three states where marijuana was first legalized for recreation. However, those rates returned back to normal after the first year. Another analysis revealed that three years after legalization, there was no significant uptick in fatal crashes.

Roadside searches of motor vehicles and individuals, meanwhile, did tumble by more than half in Washington state and Colorado following legalization. This aligns with what our Los Angeles marijuana defense lawyers have long known: Traffic stops are one of the primary means that law enforcement has kept the War on Drugs alive. And that, we know, has had out-sized and deadly consequences for African Americans.

And despite the high taxes imposed on legal cannabis businesses to help fund police efforts, police have largely been unsuccessful in shutting down illegal operations.

After the murder of George Floyd in late May, police in riot gear and armed with chemical agents were present at every major city in California to meet protesters. Meanwhile, organized and armed robbers burglarized countless legal cannabis businesses – some more than once. Several reported police failed to notify other owners of this known threat. Numerous business owners told The Daily Beast it took hours to respond, despite store owners being held at gunpoint. The product they made off with is now money no one is getting.

If cannabis business funding were to be diverted from law enforcement sources, it would likely need approval from voters to alter existing law, or else action from the state legislature.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

California wants to hire more cannabis cops to get a handle on black market marijuana, June 2, 2020, By Andrew Sheeler, Sacramento Bee

When California legalized cannabis for recreational purposes with Prop. 64, broadly opening the market for adult consumers earlier this year, it did not legalize all cultivation, production, sale and possession of the drug. Instead, marijuana legalization was inducted into a highly-regulated market. And while criminal arrests for cannabis possession are down, there is still a risk of running afoul of state regulations and criminal codes.

This summer, a crime report issued by the state revealed that while marijuana-related arrests in mid-2018 saw a significant drop this year compared to last (56 percent overall, with felony marijuana arrests down 74 percent), there is still a risk that Californians and visitors could face substantial jail or prison terms, hefty fines and criminal records. Still, the number facing those risks fell by 8,000 from 2016 to 2017.

Los Angeles marijuana criminal defense attorneys as well as those with the Drug Policy Alliance and other supporters who have long-backed marijuana legalization efforts, overall this is good news, as it means less taxpayer-funded law enforcement resources are being dedicated to non-violent drug-related offenses, and the focus now can rightly shift to more serious crimes.

Still, the laws for cannabis cultivation, production and possession still leave the door wide open for adverse contact with local law enforcement agencies – and a potential criminal record. In October, the California Attorney General initiated a widespread crackdown on unlawful cultivation of marijuana, arresting 52 people statewide, eradicating more than 614,000 plants at more than 250 cannabis farms that were allegedly operating illegally. Officials also seized some 110 firearms over the course of the 12-week operation, which targeted cannabis cultivation the counties of Los Angeles, San Diego, San Bernardino and Riverside, according to the California Department of Justice press release. A particular focus of the enforcement effort were drug traffickers diverting public water and land resources and using unlawful pesticides, including one called carbofuran, which can be extremely dangerous.

Still, most people arrested for marijuana in Los Angeles and across the state are nabbed for misdemeanors. The San Jose Mercury News reported in July that of all marijuana-related arrests in California in 2017, roughly 2,100 were for felony offenses while another 4,000 were for misdemeanor marijuana offenses. Unfortunately (though not surprisingly, given the long history of drug enforcement), people of color are disproportionately targeted – to a significant degree. White, non-Hispanic defendants accounted for 24 percent of the total felony arrests last year. Those identified as Hispanic accounted for 40 percent and black people accounted for 21 percent. This is despite the fact that research has time and again shown all three to consume marijuana at largely the same rates.

While Proposition 64 did significantly reduce penalties for just about every marijuana crime in California (possession with intent to sell was downgraded from felony to misdemeanor, transporting up to one ounce went from being a misdemeanor to lawful for anyone over the age of 21), it’s still a felony crime to employ minors to sell marijuana or to grow substantial amounts of the plant absent a license. Most legal marijuana advocates never expected that marijuana crimes would be entirely eradicated by California’s new law, nor was there an expectation that these laws would root out the underlying racism that apparently exists in drug law enforcement.

Still, it does seem to our marijuana criminal defense attorneys in Los Angeles that law enforcement agencies in California are starting to get the message, recognizing that if the penalty for a crime has been reduced from five years to six months, their resources are better spent elsewhere.

The biggest issue – one many law enforcement agencies say has become more problematic since legalization – is driving under the influence of marijuana. It’s not as easy to identify as drunk driving because marijuana is not processed as quickly through the human body as alcohol, but police agencies are investing in more drug recognition experts (DREs) to try to secure more convictions. California Vehicle Code 23152(f) allows up to 6 months in jail, a $1,000 fine, 3-9 months of DUI school and up to 10 months of a suspended license (or restricted license) for conviction on just the first offense.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Prop. 64 didn’t legalize every cannabis crime, but arrests are falling fast, July 11, 2018, By Brooke Staggs, San Jose Mercury News

More Blog Entries:

California Cannabis Insurance: Risks and Regulations, Dec. 5, 2018, Los Angeles Criminal Defense Lawyer Blog