Leaders of the liberal Southern California city practically decriminalize marijuana, bypassing state and federal marijuana laws by creating a resolution asking the LA County Sheriff to make marijuana use a lower enforcement priority.
The West Hollywood City Council unanimously approved a resolution that permits the recreational use of marijuana in the city of about 35,000 and directs law enforcement officials from the Los Angeles County Sheriff’s Department to ignore marijuana-related offences.
Besides federal law that prohibits marijuana possession, the California Health and Safety Code also makes it illegal. This is why West Hollywood officials, who had proposed the marijuana policy change as an ordinance, changed it to a resolution. An ordinance would have contradicted state and federal law whereas a resolution merely sends law enforcement a message to leave potheads alone.
The resolution says "be it resolved that the City Council of the City of West Hollywood hereby declares that it is not the policy of the City or its law enforcement agency to target possession of small amounts of marijuana and the consumption of marijuana in private by adults."
"Marijuana, you know, a joint or two is just so far down on the scale it doesn't seem worthwhile to allocate any sources to the enforcement of the marijuana laws," said Duran. "We've seen that marijuana use is certainly no more dangerous and destructive than alcohol use," Duran said. "The whole 'reefer madness' hysteria has worn thin."
"This is just another nail in the coffin of marijuana prohibition," said Bruce Margolin, a pioneer in pro-marijuana legislation. "Now the police can go after the guy robbing people on the street, rather than looking for harmless pot smokers."
"This sends a message that the City of West Hollywood has an enlightened approach to its law enforcement," Don Duncan, manager of two local medical marijuana dispensaries, told Agence France-Presse.
The move gave a boost to the campaign in California to permit sufferers from cancer and other debilitating afflictions to consume marijuana freely, despite federal laws banning the practice.
On Tuesday a steady stream of patients walked through the doors of Alternative Herbal Health Services, a West Hollywood dispensary where the product line runs from marijuana seeds to dwarf plants to harvested ganja bearing names like "Hollywood High" and "Train Wreck," all displayed neatly in glass jars. Patients also can select between varieties of hashish, and "edibles" from chocolate-covered peanut butter cups to cannabis-laced banana bread.
Dispensary operators like Nichols feel the ordinance validates their work to provide organic medicine. "God bless the city of West Hollywood for this kind of pat on the back," she said. "I've got cancer patients who come through here who simply can't eat without this medicine." Nichols hopes the resolution will end what she believes is police harassment of legitimately needy patients.
Local physicians also praised the decision. "This is an important step towards sane adult use of marijuana," said Dr Craig Cohen. "I see patients everyday who greatly benefit from marijuana prescriptions to alleviate their pain and suffering and I know that they will be grateful for this new resolution."
California passed legislation in 1996 making small quantities of marijuana legal for medical use, laws that conflict with those of the US federal government. Since then medical pot clinics have operated openly. San Francisco and Oakland both have policies in place similar to West Hollywood's.
Currently, the Los Angeles County Sheriff’s Department has a $10 million annual contract to to patrol 1.9-square-mile city of West Hollywood and keep it safe.
The usually chatty Los Angeles Sheriff Lee Baca, who was elected to enforce the law in the nation’s largest county (10 million), promises on the department’s website to “honorably perform my duties with respect for the dignity of all people, integrity to do right and fight wrongs, wisdom to apply common sense and fairness in all I do.”
It's time for this city's common sense, enforced (or un-enforced in this case) by the LA Sheriff, to be adopted by more cities and states, and defy the draconian and primitive federal laws.
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