CVIndependent

Fri11152019

Last updateTue, 18 Sep 2018 1pm

The different reactions to marijuana legalization by Coachella Valley’s cities have been varied … to say the least.

Palm Springs has always been forward-thinking where cannabis is concerned, and Desert Hot Springs, Cathedral City and Coachella are now wisely looking to cash in on the green rush. Meanwhile, Palm Desert and Rancho Mirage are going in the other direction by doing their best to slow access—or ban weed altogether.

Now Indian Wells has enacted the most draconian policies yet in the wake of Proposition 64’s November voter approval.

Indian Wells recently passed an ordinance that requires residents who wish to grow marijuana at home for personal use, as allowed by Prop 64, to register with City Hall for a permit—and pay a $141-per-year fee.

Marijuana activists and legal experts alike are attacking the law as unconstitutional, but that didn’t prevent the City Council from passing the ordinance in a 4-1 vote.

Councilman Ty Peabody abstained. Later, according to The Desert Sun, he commented: “I just don’t believe in marijuana,” citing the continuing federal ban.

(What does that even mean? Has he been under a rock the last couple decades?)

In addition to the yearly fee attached to the permit, Indian Wells residents would be required by law to allow city employees to inspect their homes to determine compliance with state and local laws.

While Prop 64 does allow jurisdictions to enact reasonable regulations on a local level, the Indian Wells’ requirements represent a vast overreach, according to multiple experts on the law. In fact, Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), said this may the tightest regulation passed in California to date.

“Proposition 64 states: ‘A city, county, or city and county may enact and enforce reasonable regulations to reasonably regulate’ the indoor cultivation of marijuana by adults,” Armentano told the Independent via e-mail. “However, this proposal clearly stretches the idea of what would be considered ‘reasonable.’ We would not expect adults to register with the city or to submit to inspections of their home if they were brewing their own alcohol, and we should not expect adults to give up their civil liberties and privacy rights to engage in indoor marijuana gardening—activity that is now perfectly legal under state law.”

Dale Gieringer, the director of California NORML, also compared home growers of marijuana to home brewers, and questioned the usefulness of such a law.

“We believe the Indian Wells ordinance violates Prop 64,” he said. “Prop 64 authorizes ‘reasonable’ regulations of personal-use cultivation. Why doesn’t it impose the same regulations on indoor growing of all plants, or on home brewing of beer and wine? This is an obnoxious exercise in over-regulation and an affront to personal privacy. Don’t Indian Wells officials have anything better to do?”

“Unconstitutional” and “crazy” are words used to describe the ordinance by attorney and cannabis law expert Omar Figueroa of Sonoma County. In a conversation with The Desert Sun, he cited the 1969 U.S. Supreme Court Case Leary v. United States, which ruled that “self-incrimination” can’t be required by state or local agencies, due to the Fifth Amendment.

“It’s not a constitutionally enforceable law,” he told The Desert Sun. “It would be foolish of them to enforce it.”

Joy Brown Meredith, the founder and president of Joy of Life Wellness Center, Palm Springs’ sixth licensed dispensary, said she’s happy to be located in a less-restrictive Coachella Valley city.

“I’m glad Palm Springs is more progressive than Indian Wells,” she said. “What is the purpose of the permit and all the identification requirements if not to intimidate people to feel uneasy about growing this amazing plant?”

Indian Wells, Rancho Mirage, Palm Desert, Indio and La Quinta have banned dispensaries and cultivation. The city of Coachella allows manufacturing and cultivation in a specific zone of the city, but not dispensaries or delivery.

Rancho Mirage and Indian Wells recently amended their respective bans to include recreational marijuana businesses in the wake of Prop 64.


DEA: CBD and all other cannabis extracts are on Schedule I

Continuing its steady march backward, the Drug Enforcement Administration has lumped all marijuana extracts—including CBD—into marijuana’s Schedule I classification, making every form of the cannabis plant illegal under federal law.

The new code defines extracts as “containing one or more cannabinoids that (have) been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.”

The DEA says it’s merely a way to keep better track of research and shipments of extracts versus flowers, by assigning extracts their own code. But the new rule states clearly: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. … However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code.”

CBD occurs naturally in cannabis, but unlike THC, it doesn’t get the user high. CBD has been successful in the treatment of tumors, epilepsy, chronic pain and many other ailments. To date, CBD has been legalized in 20 states and Washington, D.C., for medicinal use. While these state laws will not be affected by the new code, those laws will now be more specifically in conflict with federal law.

Congress could still act to reschedule CBD and other extracts. The Cannabidiol Research Expansion Act was introduced in the Senate last year to ease research restrictions on CBD, but stalled—despite support from both sides of the aisle.

Currently, the federal government has a laissez-faire stance regarding state cannabis laws; in other words, the feds are letting states call the shots for their citizens. However, considering the anti-pot crusaders prevalent in the incoming Trump administration—including Vice President-elect Mike Pence and attorney general pick Ken “good people don’t smoke marijuana” Sessions—one must wonder how long that attitude will last.

Published in Cannabis in the CV

The Palm Desert Sheriff’s Station, located on Gerald Ford Drive, is the home of the Coachella Valley’s most robust local policing force.

The station covers all unincorporated areas of the western valley, as well as the cities of Palm Desert, Rancho Mirage and Indian Wells, each of which contracts with the Riverside County Sheriff’s Department to provide police services.

Officials in one of those cities, Palm Desert, are expressing concerns about rising public safety costs. Palm Desert Mayor Bob Spiegel recently told the Independent that for the first time, public-safety costs now make up more than half of the city’s budget.

After hearing that, we decided it was time to talk to the commander of the Palm Desert Sheriff’s Station regarding the local state of crime, public-safety issues and law-enforcement needs.

Unfortunately, our media requests were either ignored or shoved off to the cities with whom the Riverside County Sheriff’s Department contracts. Deputy Armando Munoz, the local public information officer, repeatedly dodged questions. He wouldn’t even tell us how many deputies are employed at the Palm Desert Station.

Up until about two months ago, the things were different. The station’s commander was Capt. Susan “Sue” Trevino, the first woman to ever hold that post. Capt. Trevino, who recently retired, was a remarkable leader who understood the need for media access and public information.

On Aug. 10, Capt. David Teets took over as the station’s new commander. After two weeks of emailing media requests for a short, 10-20 minute interview with Teets, Munoz stated that “the captain is unavailable” to talk.

Therefore, I simply showed up at the Palm Desert Sheriff’s Station—and Lt. John Shields, a law-enforcement veteran of 27 years, gave me an interview on the spot. He started by answering that employment question: He said the station has roughly 200 people on staff.

Lt. Shields oversees Rancho Mirage as its assistant chief of police. He talked about the city’s low crime rate, and the fact that there has not been a homicide in Rancho Mirage in recent years.

“With Rancho Mirage, our concern is property crimes,” he said. “That’s the biggest problem, and it’s not that big in comparison to other areas,” he said.

Rancho Mirage, with a population a bit below 18,000, has a sheriff’s substation. Eleven deputies are on patrol daily—two motorcycle officers included—along with three community service officers.

Lt. Shields said Rancho Mirage has no plans to reduce its policing force.

“We meet with the city manager and the city staff weekly, and we have not recommended it,” he said.

Due to the recent San Bernardino and New York terrorism acts, the question of adequate public safety is on the minds of many.

“For the size of the city, we have quite a few officers out there, so we have a very good presence there,” Lt. Shields said. “We also have lots of city staff personnel who went through the active-shooter training program, and they know if they see something, to say something.”

President Gerald Ford used to live in Rancho Mirage, and rumor has it that President Barack Obama is considering purchasing a home there.

“When and if they come, he will no longer be a sitting president, so the footprint and the threat is much smaller,” Shields said. “As far as the resources go, the Secret Service will take care of that, but we’re ready.”

As for Indian Wells, my questions were promptly answered via email by Nancy Samuelson, the city’s spokesperson. According to her, Indian Wells has one officer dedicated 24/7, as well as one motor officer, one special enforcement officer, one special event officer, five community service officers and one lieutenant overseeing its staff.

There is a small sheriff’s substation across from Indian Wells City Hall, and the city’s crime rate is minimal.

“Main public safety (concerns involve) traffic enforcements, collisions and petty property crime,” Samuelson stated. “Any need for more deputies is analyzed by response time, number of calls and crime volume.”

Samuelson said that Indian Wells’ population is 4,974, and that the city’s contract with the Sheriff’s Department costs $3.5 million annually—which represents 24.78 percent of the city’s budget.

Unlike Rancho Mirage and Indian Wells, the city of Palm Desert is facing some challenges when it comes to the rising cost of public safety.

According to David Hermann, the city of Palm Desert’s spokesman, the city’s general-fund budget is $53,267,218 for the fiscal year; of that, $21,141,245 is slated for police services.

In order to save some money, the city froze two motorcycle-cops positions. Hermann said the savings from two positions is $611,034.88.

There is also a possibility to save more money: The city froze a special enforcement officer position, too, but these funds were set aside in case one of the frozen positions needs to be reinstated; the potential additional savings is $308,116.24. 

“The city’s police department currently has 78 sworn deputies, taking into account two frozen officer positions and one officer assigned to the special enforcement team,” Hermann said. “The department also has 11 non-sworn positions, including nine community service officers, a crime analyst and a forensic technician.”

Palm Desert, with a population just shy of 50,000, could save more than $900,000 from these public-safety budget cuts. Could this substantially affect safety and crime in Palm Desert?

That’s a question I wanted to ask Capt. Teets. Alas, he was “unavailable.”

Published in Local Issues