Pubdate: Mon, 18 Oct 2010 Source: Press Democrat, The (Santa Rosa, CA) Copyright: 2010 The Press Democrat Contact: http://www.pressdemocrat.com/ Details: http://www.mapinc.org/media/348 Author: Julie Johnson, The Press Democrat Cited: Proposition 19 http://yeson19.com/ Bookmark: http://mapinc.org/find?272 (Proposition 19) Bookmark: http://www.mapinc.org/topic/Proposition+215 Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) WOULD PROP. 19 CURB POT-LINKED VIOLENCE? Marijuana prompted several men to strong-arm their way into a west Santa Rosa home last week and tie up residents with duct tape. It lured a pair into an illicit garden in Round Valley where they were shot dead by its tenders. It led an unknown killer to shoot a 31-year-old father in his Santa Rosa garage, leaving him for dead and making off with the goods. Marijuana may be a mellowing depressant when ingested, but its trade often is the nexus of violence. The huge profits made in the marijuana business drive much of the associated crime. Proposition 19, the Nov. 2 ballot initiative that would legalize marijuana in California, at its best would slash profits from the illegal trade and curb the violence, backers say. At its worst, critics say, it would pit local and federal law enforcement against each other. Marijuana cultivation would proliferate, as would efforts to steal the drug and transport it outside the state to sell at higher prices, opponents contend. "I think you're still going to have violent crime associated to it, and I believe it may even increase because of the availability," Sheriff Bill Cogbill said. Polls offer conflicting analyses of voters' inclinations toward Prop. 19. Of people surveyed by the Public Policy Institute of California in September, 52 percent said they'd vote yes, 41 percent said they'd vote no and 7 percent were undecided. But a Reuters/Ipsos poll released Oct. 5 reported that 53 percent of Californians surveyed oppose legalizing marijuana and 43 percent support it. Researchers at the Rand Corp., a think tank based in Santa Monica, predict that legalization will slash the profits in the marijuana trade and that as production costs go down, so will the risks. By their estimates, the cost of an ounce of indoor-grown sinsemilla, the prized seedless buds of a female plant, could fall as much as 84 percent. That would undercut the price outside of the state as well, the Rand report said. "If you make the trade legal, it's not clear that the same people would be involved in it or even attracted to it if there aren't the same kinds of profits," said Elliott Currie, a professor of criminology, law and society at UC Irvine. Currie's research has focused on drug policy, trafficking and drug abuse, including a 1993 book that in part looked into the effects of decriminalization. "If marijuana is illegal and you want to get some, that means you have to hang out with people who may also be selling crystal meth, heroin and other bad drugs," Currie said. "Severing that connection between marijuana and the hard drugs can only be a good thing." "I disagree," Santa Rosa Police Chief Tom Schwedhelm said. "Car stereos, anyone can buy, but people still break into cars to take them." The Sonoma County Law Enforcement Chiefs' Association opposes Prop. 19, as does the California Chiefs' Association and many other law enforcement organizations. A group of retired officers, judges and prosecutors called Law Enforcement Against Prohibition, however, supports the measure. Its members argue that current marijuana laws have done nothing to stanch violent crime. "The question is quite simple when you boil it down: Do you want to continue what has never worked?" said former San Jose Police Chief Joseph McNamara, a member of the group. Marijuana has become far more mainstream in California since voters in 1996 passed Proposition 215, the medical marijuana initiative formally called the Compassionate Use Act. Hundreds of people gather without fear of arrest each year in Laytonville to watch judges give awards to growers who deliver the best high. Licensed clinics across the state now provide pot to people with recommendations from physicians, and backyard plots have proliferated, creating more targets for criminals. The California health department issued 337 medical marijuana IDs to Sonoma County residents and 280 IDs to people in Mendocino County during the 12 months that ended June 30. The IDs are voluntary and may represent only a small fraction of the people with physician recommendations for pot. Local authorities say the prevalence of indoor marijuana gardens has led to an increase in home invasion robberies. A week ago, three men, two with firearms, grabbed a woman by the hair as she walked up to her west Santa Rosa home and pulled her inside. The suspects apparently had been tipped off to a large-scale illegal marijuana growing and processing operation in the home, said Sgt. Steve Fraga, who runs the violent crimes unit. The men bound the woman and another man with duct tape and made off with an unknown amount of processed pot. It was one of 10 home invasion robberies involving marijuana so far in 2010 in Santa Rosa, Schwedhelm said. There were seven in 2009. Two people have been killed in the city since 2004 during marijuana robberies. Andre Grant, 31, was shot to death April 10, 2006, in a garage, where he was tending 25 marijuana plants, police said. The killer or killers made off with the plants in the still-unsolved case. Maximiliano Izquierdo Martinez, 20, of Windsor was fatally shot to death in 2007 when he entered a Rincon Valley rental home intending to rob the occupant of his marijuana, police said. Detectives found more than 300 pounds of processed marijuana and $26,000 in cash at the Beech Avenue home. Five pot-garden workers have been shot to death this year during backwoods confrontations with authorities in Mendocino, Lake, Napa and Santa Clara counties, and unprecedented level of violence that is attributed to the growing influence of ever-more-violent Mexican drug cartels, more aggressive law enforcement tactics and the sheer proliferation of large-scale pot operations. Fraga, the Santa Rosa police sergeant, shares the view of many local law enforcement officials who question whether legalization would reduce violent crime. "It wouldn't change anything," Fraga said. "You still have the haves and the have-nots. The people doing all the work, and people who want to just go steal it." Most home invasions are driven by drugs and cash, said Diana Gomez, Sonoma County Assistant District Attorney. The cases that come to prosecutors increasingly involve marijuana, not methamphetamine and harder drugs, she said. "The nature of what they're going after has changed," Gomez said. Her office has filed only a handful of home invasion robbery cases each year since 1999, including six cases so far in 2010, Gomez said. Most involve marijuana, she said, though she didn't provide exact numbers. "There's still a whole bank of cases which go unreported," she said. Sonoma County Sheriff's detectives, including those working for Sonoma and Windsor police departments, have worked 13 home invasion robberies in which marijuana was stolen in the past 12 months, Sheriff's Capt. Matt McCaffrey said. They've also handled five nonresidential robberies involving pot Those numbers are "probably on the conservative side, and of course only those that were reported to us," McCaffrey said. Mendocino County Sheriff Tom Allman said he's not necessarily against legalizing marijuana, but he does not support Prop. 19. "I'm not opposing this law because it's marijuana, I'm opposing the law because it's not written in a way that's consistent," Allman said. Proposition 19 would give local governments the sole authority to regulate the sale, transportation and consumption of the drug in their jurisdictions. Allman and others have said this would create a maelstrom of confusion. "It's possible that all 58 counties would have 58 different marijuana laws," Allman said. And that could hold true for the state's 481 municipalities. "We don't have the resources to take on more regulation and enforcement of things," said Sonoma County Assistant Sheriff Steve Freitas, who will replace Cogbill as sheriff in January. It's unclear how legalization would affect the swaths of forestlands clear-cut for clandestine marijuana gardens, much of which authorities say is produced to sell out of the state. "Just because you make it legal in California doesn't mean the rest of the world will follow," said Bob Nishiyama, who commands the Mendocino Major Crimes Task Force. "Part of Mendocino's problem is we're the provider country for marijuana for the rest of the world." Agents with the state's Campaign Against Marijuana Planting, or CAMP, removed 572,680 marijuana plants from forests in Mendocino County during the 2010 marijuana season, a number that topped those destroyed in all other counties, CAMP spokeswoman Michelle Gregory said. Agents pulled 374,958 plants out of Lake County and 311,147 plants out of Sonoma County. Gregory said their operations likely would continue if the law passes. "If they are still operating on public lands and in national parks, there will still be a need to take care of those issues," Gregory said. - --- MAP posted-by: Richard Lake