A statewide voter approved measure legalizing the sale of recreational marijuana went into affect Jan. 1.
Two years ago, 57.1 percent of California voters passed Prop. 64, the California Marijuana Legislation Initiative that allows Californians who are 21 years or older to use marijuana for recreational purposes and possess up to an ounce of the drug. Passage of the initiative also allows individuals to grow as many as six marijuana plants.
With the ballot measure passing, California now joins Colorado, Massachusetts, Maine and Nevada as states that have legalized marijuana for recreational purposes.
But some cities in the state such as National City and Chula Vista have their own ordinances that ban marijuana sales. Both South Bay cities prohibit the sale of marijuana from medical or recreational dispensaries, as well as smoking cannabis in public.
“Proposition 64 allows local jurisdictions, including the city of Chula Vista, to prohibit commercial recreational marijuana businesses, including dispensaries and cultivation sites,” according to the city of Chula Vista’s website. “This means that the city of Chula Vista may ban recreational marijuana dispensaries just as it currently bans medical marijuana dispensaries.”
In October 2016, weeks before citizens voted on Prop. P, the National City City Council unanimously passed an ordinance that banned all commercial marijuana sales.
National City Police Chief Manuel Rodriguez said the National City Police Department will treat marijuana similarly to alcohol.
“Obviously people can do in their own home what they do,” Rodriguez said. “But from a law enforcement perspective, you’re not allowed to smoke it in public, you’re not allowed to drive under the influence of it, so those are the things that people need to be aware of,”
National City Mayor Ron Morrison said he is not worried about the city potentially missing out on tax revenue by banning marijuana sales.
“People say you’ll make all this big amount of money,” he said. “But the amount that would cost you to enforce it for a very small city like us that is surrounded by the big cities probably doesn’t really make it that viable,” he said.
Voters in National City would had to have approved a measure to tax marijuana sales in the city before sales tax revenue could be generated.
Morrison said he does not know off hand how much it would cost the city to enforce marijuana but said he knows that the city would at the very least break even.
Rodriguez said it is a crime to sell marijuana in National City, a misdemeanor for possession of more than the legal amount marijuana.
Anyone in National City looking to purchase marijuana must do so in a city that authorizes the sale of marijuana for recreational use such as La Mesa and the city of San Diego, Rodriguez said.
The police chief said the department is not beefing up its measures in combating marijuana and other drug offenses.
“We’re not doing anything more than what we we’re doing before,” he said. “If illegal shops open up will take whatever action needs to be taken.”
Marijuana cultivation is allowed with the new law. Individuals can grow up to six plants. Cultivation will be regulated by the state. National City is allowing the personal growth of marijuana up to six plants. Previously, in January 2016, the National City council opposed marijuana cultivation for medicinal purposes but the new law overrides that.
Rodriguez said his only concern with the legalization of the drug is that it will be abused by people under the legal age. He also said marijuana is considered a “gateway drug” and is worried that people, especially those under 21 will eventually dabble into harder substances.
In Chula Vista delivery services are allowed from legal marijuana services outside of Chula Vista, while in National City they are not.
CORRECTION: A previous version of this story erroneously attributed the statement “Proposition 64 allows local jurisdictions, including the city of Chula Vista, to prohibit commercial recreational marijuana businesses, including dispensaries and cultivation sites. This means that the city of Chula Vista may ban recreational marijuana dispensaries just as it currently bans medical marijuana dispensaries” to a city ordinance. The statement is from the city’s website.
This story was also updated to reflect that Chula Vista and National City both ban medical and recreational marijuana dispensaries.
