Reefer madness

Marijuana goes by many names: Ganja, weed, hemp, herb, pot, reefer, loco weed, and of course, who hasn’t heard it described by those that appreciate its better-known varieties as simply, “some really good sh*t!”

In keeping with the latter description, Inyo Deputy Sheriff Ed Obayashi, an agent with the Inyo Narcotic Enforcement Team (INET), told the Board of Supervisors on Tuesday that “medical marijuana dispensaries are ‘sh*t magnets,’” although he did not mean it in quite the same way.

Just short of showing the 1930s film “Reefer Madness,” Obayashi told County Supervisors that there is a correlation between medical marijuana and criminal activity based on his experience seven years ago in Merced, saying that “There’s a change in attitude. You lose the quality of life if you allow dispensaries. There’s a social, mental attitude of tolerance. People push the limits and law enforcement doesn’t have the resources to deal with it … once you open the door, there’s chaos. The impacts mushroom overnight.”

Obayashi offered the Board no statistics or studies to back up his claims, however.

Claims such as those made by Obayashi on Tuesday have been disputed in several studies, such as one done by a team at the University of Texas at Dallas which found that “states with medical marijuana laws (MML) have not seen an increase in rates of violent crime. That study noted that some types of crime may actually have been reduced, especially homicide and assault. The study further stated that robbery and burglary rates were unaffected, a finding that may surprise some because it has been suggested that marijuana dispensaries offer high opportunity targets for those seeking pot and cash.

A search for data on increased crime as a result of MML dispensaries in Merced was not borne out in facts posted on crime as reported on the City of Merced website, which, like most of the rest of the country, shows crime rates generally falling, not rising.

If what Obayashi told Supervisors at the meeting were true, a “Clockwork Orange” scenario is just around the corner. And not just here in Inyo County, but throughout the country as 23 states and the District of Columbia have already approved MML and four states have legalized its recreational use.

When Obayashi was asked what kinds of problems the two MML dispensaries in Mammoth Lakes have created for law enforcement, he told Supervisors that Mammoth has not kept a record on reports involving the dispensaries or the use of marijuana provided through them. Obayashi also said “there are secondary impacts to the operation of medical marijuana dispensaries, including loitering, the potential sale to minors, and theft.”

Mirroring his comments was Inyo County District Attorney’s Investigator Rick Beall, who told the Board that many dispensaries sell marijuana edibles in the form of baked goods, and some sell very strong marijuana, with as high as 60-70 percent THC levels. He also told the Board that edibles “have made their way into schools, where they have caused students to hallucinate and vomit.” As with Obayashi’s comments, no evidence was offered in support of his comments.

What was not addressed is the fact that many underage youth in Inyo County already have access to all manner of illicit substances, including marijuana. Legal marijuana use has been deemed valid by many in the medical community for a large variety of medical and psychological conditions. Would the existence of MML dispensaries change the current situation? The workshop provided no answer.

Instead, workshop participants noted that California may well be joining the growing list of states that could legalize marijuana’s recreational use in the next one to two years. Fourth District Supervisor Tillemans said, “It’s on the ballot (in 2016) and all indications are that it’s going to pass.” He wanted to know where the County would stand if the drug is legalized and Inyo has a prohibition in effect.

Currently, according to polls, Californians favor legalization by 55 percent. At least five other states, including Massachusetts and Maine, are likely to see similar measures on ballots in November 2016.

Inyo County and the City of Bishop currently prohibit MML dispensaries anywhere in the County. However, increasingly that position has not held up well in court for other municipalities and counties around the state. The County Supervisors appeared to side with Chief Administrative Officer Kevin Carunchio when he suggested that given “the huge changing landscape” the Board should look at doing only the minimum at this time through zoning regulations while keeping an eye toward long-term policy.

The CAO’s cautionary suggestion to the Board was mirrored by District Attorney Tom Hardy, who told the Board, “There’s not enough background.” He went on to say, “I’m supportive of the status quo until we see how the ground shifts.”

Counties and municipalities are still allowed to regulate and restrict dispensaries through zoning and land use regulations “as long as access to medical marijuana is not restricted,” said  Associate Planner Elaine Kabala. She noted that there are dispensaries in Mammoth Lakes, Ridgecrest, California City and Tehachapi. The question of whether these dispensaries are a “reasonable distance” for patients who may lack transportation is another matter. She also told the Board that there has been some interest in medical marijuana cultivation in the County and that there is the possibility that Native American tribes might choose to cultivate medical marijuana on sovereign tribal lands.

Supervisors requested the Planning staff hold another workshop that more definitively identifies the pros and cons of dispensaries and, perhaps recognizing that this workshop fell far short in that area, to provide a more balanced perspective.