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Legalizing pot may cause rise in crime

By Devin Kelly

Oct. 6, 2010 1:46 a.m.

Increased marijuana usage rates triggered by Proposition 19 will also spark more marijuana-related crimes, especially on roadways, according to police officers and prosecutors around the state.

“It’s not going to free up a lot of our resources,” said Ethan Shear, a campus police detective who primarily investigates illicit marijuana sales.

The bill states that the legalization of marijuana will open up jail cells for more hardened criminals. But under current laws, a person in possession of an ounce or less of marijuana with a valid ID is not eligible to go to prison or even be arrested, said Joseph Esposito, head deputy of the Los Angeles district attorney’s narcotics office.

On the opposite side of the scale, those importing or cultivating large quantities of marijuana are unlikely to change their ways, Esposito said.

The bill also claims to establish a legal, regulated sales outlet to control the criminal market for marijuana. But from the standpoint of university police, who are responsible for monitoring a large population of students under age 21, illegal marijuana sales will remain an issue, Shear said.

What officers expect to change is crimes associated with marijuana, especially impaired driving.

Esposito said case studies exist with countries, such as the Netherlands, where usage increased substantially after the substance was legalized.

“When (usage) goes up substantially, corresponding stats with driving under the influence and being under the influence … all go up correspondingly,” Esposito said.

Alcohol has clear standards for intoxication ““ 0.8 percent blood alcohol content for adults and .01 percent for minors.

No such standard exists for driving under the influence of marijuana. And Proposition 19 does not create one.

“The greatest issue we have with Prop. 19 is that it’s so poorly written,” said Leslie McGill, executive director of the California Police Chiefs Association, which represents municipal police chiefs around the state. “Since it’s not really illegal, you can go home and get stoned out of your mind and get behind the wheel of your car and drive.”

Another issue concerning police officers is enforcement. UCLA receives federal funding under the Drug-Free Schools and Communities Act. The funding is conditional: the campus must comply with federal law. While the state of California allows marijuana for medical use, the drug remains illegal under the federal Controlled Substances Act.

To continue receiving federal grants, medical marijuana is not allowed on the UCLA campus.

“(Proposition 19) would … change nothing as to how we operate on the Hill,” said Valery Holtom, judicial affairs coordinator in the Office of Residential Life.

But a legal analysis by the California Chamber of Commerce suggests UCLA cannot possibly comply with both Proposition 19 and the Drug-Free Schools Act.

Proposition 19 disallows discrimination, but UCLA cannot receive federal funding without allowing people to possess marijuana on campus.

“Statewide, affected employers could lose millions of dollars in federal funding,” Esposito said.

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