While Americans hit the polls last week to select their next president, Californians voted to legalize marijuana for recreational use.
Proposition 64, the California Marijuana Legalization Initiative, was approved by 4,957,21 or 56.0 percent of voters with 3,889,080 or 44.0 percent of voters had opposed the measure.
The approval means that Californians supported the legalization of growing and possessing non-medical marijuana for adults 21 and over.
With the passage of the measure several things go in effect right away which include the ability of people to cultivate a certain number of plants either outside or inside.
Chula Vista City manager Gary Halbert said the city council at a later date will discuss if they want to take any action regarding the retail sale, or cultivation of marijuana, but for now there are no established rules.
“It doesn’t change any policies for Chula Vista,” he said. “Chula Vista has taken a position on medical marijuana where we as a land-use matter don’t allow dispensaries within the city.”
City Attorney Glen Googins said although the use of recreational marijuana becomes state law, cities will still have some jurisdictions.
“Prop. 64 creates a framework for the legal cultivation, sale and consumption of recreational marijuana in California.
Although preempted in some areas, cities and counties still reserve substantial rights to regulate these activities,” he said. “Just with medical marijuana, this includes the right to ban recreational marijuana dispensaries. Along with most other jurisdictions in California, Chula Vista has been studying Prop. 64 and is now considering what clarifications or changes it might make to its local rules.
“Currently, all types of commercial marijuana activities are banned in Chula Vista.”
Voters in the city of San Diego on Tuesday approved a sales-tax for retail sales of marijuana. Chula Vista would need a ballot measure to try and tax recreational marijuana for retail sale.
National City City Manager Leslie Deese said the city is creating a fact sheet to distribute to their residents to explain how the new state law fits with the city’s existing municipal code against marijuana.
National City Mayor Ron Morrison said the city has its own rules for marijuana cultivation inside a home but that the new state law provides loopholes that would allow the cultivation or marijuana inside an office building or anywhere else inside.
Morrison said although cultivation may be legal, recreational sales of marijuana within the city will remain illegal.
“The big restriction that we have is that you just can’t sell it in National City,” he said. “We have the ban of the sell of marijuana just because it is way too expensive to try and monitor that.”
Both Chula Vista and National City have ordinances that ban marijuana for both medical and recreational sales.
“We’re allowing everything that the initiative allows to happen for people to have free use and access to it,” he said. “We just don’t allow the sale of it.”
Chula Vista Police Capt. Lon Turner said with the legalization of recreational use of marijuana there are some enforcement measures.
Turner said adults 21 years of age or older are allowed to posses up to six marijuana plants and no more than one ounce of marijuana for recreational use.
Turner said under the state measure marijuana is only allowed to be smoked inside a home.
“You’re not allowed to be in public consuming or smoking marijuana, that’s subject to a fine,” he said.
Turner said it would still be illegal to bring marijuana across state lines or bringing it in from Mexico.
