MENDOCINO POT INITIATIVE MAY REACH BALLOT

If It Becomes Law, Court Can Overturn

Mendocino County supervisors on Tuesday will consider an initiative that
would legalize the personal use of marijuana, but the county's attorney
said if the law is adopted it is unlikely to be held up in court.

The initiative, which has enough signatures to qualify for the November
ballot, also contains provisions that would direct supervisors to prevent
the district attorney and the sheriff from enforcing laws that prohibit
personal marijuana possession and use.

"Marijuana is not a problem. The only problem is it's illegal," said Bruce
Hering, who helped gather signatures for the petition. "There are a lot of
people in this county using marijuana illicitly. I think they will vote for
this."

The supervisors by law can either adopt the Green Party-sponsored
initiative as an ordinance or put it to a public vote, said county Counsel
Peter Klein in a written opinion.

Some supervisors said placing the initiative on the ballot is a better choice.

"We have an obligation to put it on the ballot as an initiative and we
should let the people speak and see what the response is. It should be
interesting," said Supervisor David Colfax on Friday.

Klein is recommending that supervisors request reports from county agencies
that would be affected by the initiative before putting it on the ballot.

The initiative received more than twice the number of required signatures,
not surprising in a county that has one of the few remaining medical
marijuana clubs in the state.

The initiative would require the supervisors to use their budget-making
power to cut off funding to the sheriff's and district attorney's offices
for the arrest and prosecution of people who grow or use no more than "25
flowering female marijuana plants or the equivalent in dried marijuana."

Commercial cultivation and sales of marijuana would still be illegal,
according to the initiative.

The supervisors also would be required to lobby the state and federal
government to change laws regulating personal marijuana use.

Klein said the initiative is unlawful and isn't likely to be held up in
court if it is approved. He also cited court cases prohibiting county
supervisors from dictating how other elected county officials, such as the
district attorney or the sheriff, should carry out their work.

"A county ordinance cannot override a state statute which directs full
enforcement of all state laws, even if it is couched in terms of the duties
of the Board of Supervisors in setting the budget," Klein wrote.

Klein said although the county cannot prevent the initiative from being put
to a public vote, it could ask the court to remove it after it is placed on
the ballot.

District Attorney Norm Vroman said Friday he hasn't read the initiative so
he couldn't comment on it. Sheriff Tony Craver couldn't be reached for comment.

Sheriff's spokesman Capt. Kevin Broin said there's no plan to change how
state and federal laws are enforced.

"We will be looking at this with great interest," Broin said. "But we will
continue to follow federal and state guidelines."