With federal authorities hinting at a possible crackdown on state-licensed marijuana dealers, a group of California lawmakers wants to block local police and sheriff’s departments from assisting such investigations and arrests unless compelled by a court order.
A bill by six Democratic legislators has drawn strenuous objections from local law enforcement officials, who say it improperly ties their hands, preventing them from cooperating with federal drug agents.
“It really is quite offensive,” said Kern County Sheriff Donny Youngblood, president of the California State Sheriffs’ Assn., who said he objected to lawmakers “wanting to direct law enforcement how they want us to work.”
But proponents say the measure is needed to assure marijuana growers and sellers that applying for state licenses will not make them more vulnerable to arrest and prosecution under federal law, which designates cannabis as an illegal drug.
“Prohibiting our state and local law enforcement agencies from expending resources to assist federal intrusion of California-compliant cannabis activity reinforces … the will of our state’s voters who overwhelmingly supported Proposition 64,” said Assemblyman Reggie Jones-Sawyer (D-Los Angeles), the lead author of the new bill.
The act of resistance is similar to legislation that would prevent California law enforcement agencies from cooperating with federal immigration officials in the deportation of people in the country illegally. Senate Bill 54 would address that concern and make California a so-called sanctuary state for immigrants, while Jones-Sawyer’s legislation would similarly make the state a sanctuary for the marijuana industry.
The immigration and marijuana issues have been given new focus by the administration of President Trump, who state officials fear is breaking from the policy of former President Obama, who took a more hands-off approach to both issues.
U.S. Atty. Gen. Jeff Sessions has indicated in public comments that he thinks marijuana is a danger to society. Last month, White House Press Secretary Sean Spicer caused a stir when he said, “I do believe that you’ll see greater enforcement” of laws against the sale and use of recreational marijuana.
In November, California voters approved Proposition 64, which legalized the growing and sale of marijuana for recreational use. State agencies plan to begin issuing licenses early next year.
The new legislation would prohibit state and local agencies, unless served with a court order, from using agency money, facilities or personnel to assist a federal agency to “investigate, detain, report, or arrest” any person for actions that are authorized by state law. California authorities would also be unable to respond to requests by federal agencies for the personal information of anyone issued state licenses.
The measure has angered some local law enforcement officials — including Youngblood, who sees it as improperly meddling in law enforcement decisions in the same manner lawmakers are proposing with immigration law.