L.A. County Sheriff Lee Baca says deputies would enforce marijuana laws even if Prop. 19 passes

Los Angeles County Sheriff Lee Baca said Friday his deputies’ marijuana enforcement would not change even if Proposition 19, which would legalize the drug in California, passes Nov. 2.

“Proposition 19 is not going to pass, even if it passes,” Baca said in a news conference Friday at sheriff's headquarters in Monterey Park.

Baca, whose department polices three-fourths of the county, was bolstered Friday by an announcement from the Obama administration that federal officials would continue to “vigorously enforce” marijuana laws in California, even if state voters pass the measure.

Baca said the proposition was superseded by federal law and if passed, would be found unconstitutional.

Campaign contributions: Who has given for and against Prop. 19? 

Flanked by other opponents of the measure, including Los Angeles County Dist. Atty. Steve Cooley, Baca made a colorful assault on marijuana use and sales. Asked if he had ever experimented with the drug, Baca was unequivocal. “Hell no,” he said.

Baca said legalizing marijuana would have far-reaching repercussions, including increasing the costs of drug rehabilitation, causing traffic accidents, prompting labor disputes with employees getting high on the job and providing a safe cover for drug cartels selling harder narcotics.

California’s laws for personal users already are lenient, he said.

“If you have a need for an ounce or less … then use your marijuana, but use it privately,” he said. “If you want to do a joint in your house, do it. Leave the rest of us alone.”

Baca said personal users smoking in their homes were already a non-priority for police agencies, including his own. His department’s target, he said, are the dealers.

Baca came out against the measure early on, joining forces with Sen. Dianne Feinstein (D-Calif.) to try to defeat it. Polls have shown California voters are split.

Baca said Friday local law enforcement agencies should abide by federal drug laws prohibiting marijuana even if the state measure passes.

“[Prop.] 19 has no effect on what we’re going to do,” he said

-- Robert Faturechi in Monterey Park

Photo: L.A. County Sheriff Lee Baca. Credit: Los Angeles Times

Read more:

Proposition 19: California's marijuana legalization debate

 

Comments

[tim]

Is it me or is California really diving into a place where it will not come back. Irregardless of how you feel, you must respect the will of the people you serve. PERIOD. I guess because it not politically correct you can get away with not doing your job

[Charles]

“Proposition 19 is not going to pass, even if it passes,”

Outrageous! Baca was voted in and he can be voted out.

[joepen12000]

Interesting. So we have a sheriff who will not carry out a new law if it passes. Someone should tell Mr. Baca that he does not work for the Feds. Next election, he'll be out of a job!

[cooler heads]

I must say that I can't understand what has happen to Baca? I mean he's focused and can articulate the problems with this bad law, should it pass. Please note that the Rand Corporation just published a study that directly refutes all the claims manufactured by the proponents of prop 19. The Times should do a featured article on the Rand research findings. This law will only make a few people wealthy and lower an already sinking standard of living. Go read it yourself! Why are the minority communities overwhelming against legalizing dope? Go live there and find out. I lived in one of these hell holes and can tell you first hand the pain and suffering that marijuana causes. But, the proponents, once they rake in the profits do you think they will live anywhere near their poison? The answer is: NO!

[David S.]

So now we got gestapo police running around doing whatever they want? The Sheriffs department is bound to serve and protect the rights and freedoms of the people of california and is bound by state law. They have absolutely no authority to enforce federal statues.
Remember Baca this government was created by the people, of the people and for the people.
I don't know why people like this are even making such a huge issue of this whole thing. Our Prisons and Jails are overtaxed due to imprisonment of non-violent drug offenders, in part. Would you rather these pot heads not go to jail for smoking a plant or the guy that just beat his spouse to a pulp to be free'd when there is no other form of relief?

[Tirau]

Baca's job is to enforce California state law, period. He does not have the power to override the voice of the people, who are his BOSSES.

In fact, I am wondering if he can be arrested and jailed for going against his oath to uphold California law?

[Stephen]

Careful what you wish for. It is currently easy to pay a fee for a medical permit and a doctor's prescription to use medical marijuana. By passing Prop. 19, you are thumbing your nose at federal law and encouraging their retaliation. Eric Holder has already said passing Prop. 19 will NOT stop the Feds from vigorously enforcing federal law against marijuana use. Things are better now than they have ever been. Why ruin a good thing?

[Disgusted American Citizen]

His ignorance is actually kind of funny.

After Prop 19 passes, state law will have been changed (regardless of what the feds want). It will no longer be against the law to be in possession of less than an ounce of marijuana, or to grow a small amount in your own home in California. When he tries to arrest people that haven't broken state law, judges are going to laugh at him and tell him to stop wasting their time. If the feds want to continue to enforce an unwinnable war on marijuana, let them try. But state resources (such as Sheriff Lee Baca) will no longer be capable of aiding in marijuana prohibition. And if California law enforcement does continue to enforce existing marijuana laws after Prop 19 passes, that is in direct violation of citizen's rights. In other words, you can't be arrested for something that isn't against the law. Think about it. What would happen if an officer arrested you for being in possession of a six pack of beer that was in the trunk of your car when you were pulled over? What would that officer tell the judge when you go before a court? Would he tell the judge that alcohol was once illegal and he wished it was still illegal, so he had the right to arrest you? That's about the same logic this ignorant sheriff in Los Angeles County would have...that marijuana was against the law and he wishes it still was. Doesn't matter. It won't be against the law in California if Prop 19 passes. Good luck, Sheriff Lee Baca.

[Cann_Do]

Baca will enforce WHAT law??

If Prop 19 passes, there will be NO law to enforce.

What an idiot. And they wonder why no one respects police.

[Whodini]

Recall Lee Baca in 2012!!!!

[Rich]

This is ridiculous. The law enforcement not siding with law as passed by the people??

[Carter]

Do it and leave the rest of you alone? How about this, Lee: If you want to spread a bunch of crap about something you've never even tried (and therefore obviously do not understand at all), do it to your kids and leave the rest of us alone.

Also, get off your high horse. If a law I vote for passes, it's your job to enforce it. You're not on the Supreme Court, and (thank God) you never will be.

[verdadyjusticia]

I am confused - So is Baca saying he’ll somehow ignore a law passed by the voters of this state? He is a dangerous legal ground there.

As for the statement, “Baca said Friday local law enforcement agencies should abide by federal drug laws prohibiting marijuana even if the state measure passes” That’s a laugh, when citizens complain about illegal immigration the LA Sheriffs tells us it’s a federal law, and hides behind Special order 40 (go ahead look it up) but now all of a sudden the Sheriff’s office IS concerned with Federal laws!

[Kevin]

Oh,, so the police can now enforce anti-Cannabis laws, even if they no longer exist?

What happened to their classic line "We don't make the law, we just enforce the law, whether we agree with it or not"?

[rogerW]

Whatever happened to "we don't make the laws, we just enforce them" or "if you don't like the laws, work to change them?"

[John Pocino]

Just one question. Isn't this a Republic?

[Galaxy420*]

"If you have a need for an ounce or less … then use your marijuana, but use it privately,” he said. “If you want to do a joint in your house, do it. Leave the rest of us alone.”

More like you cops need to leave people who use marijuana alone. If people can smoke cigarettes in public, or drink alcohol in the clubs, then I should be able to use it openly just like those other substances.

YES ON 19

Of course, the police, and the president are against marijuana. They are against the will of the people. The people will speak at the polls.

Remember the whole time for "change" campaign by Obama? Well it is time for change for marijuana.

[PJF]

I agree with Sheriff Baca- let's just keep things the way they are. The cops win, the drug dealers win, prison guard pensioners win, even the users are given the Sheriff's blessing to use marijuana in their own homes.

The only one who loses is the US taxpayer.

[MattArmstrong]

How outrageous. The Prop clearly forbids local law enforcement entities from either enforcing federal laws or cooperating with the federal government. When a cop openly says he will defy the law, will of the voters or not, he needs to be relieved of his position.

[floyd]

So what he's saying is that government should disregard the will of the people. Land of the free, huh?

[Big Jim Slade]

Tim- Since you're concerned about the will of the people, ask Jerry Brown why he's not defending Proposition 8 (he is our Attorney General), even though he's legally bound to do so both by the state and federal statutes?

[War on Drugs]

If the cartels have more money, more weapons, vehicles, military and police force than the Mexican government itself, the Mexican government needs to take all that drug money to cripple them and take all the weapons first. Without money, the cartels will be crippled. They need to do Internet, phone, cell phone, communications, wire transfers and banks surveillance.

The Mexican government needs to take the approach of a war strategist. They need to cut the communications between the cartels, themselves and their customers. Without communications, there is no deal. Find out how they are communicating, then cut it completely. ZERO. Zilch.

Look for their transportations, then cut them completely. You have to get rid of their supports, tools and devices first until they have no more money and they are all isolated from each other. It can be done, folks. Mexico and USA working together.

[GuessWho]

We voted YES on 19 and will forever work to repeal the stupid drug laws - how about the cops worry about hardened criminals - and YES it would take a huge bite out of the drug cartels who couldn't compete - how about for ONCE the state listen to the people who pay them to work for us. Who do these people think they are? They work for US, and if the citizens want legal weed, than so be it.

[Finn]

“Proposition 19 is not going to pass, even if it passes,” wow nothing like one of your biggest law enforcement officers saying he's is going to ignore voters and interpret the law on his own? I have to be honest, I think history will look back on articles like this with ridicule. I chased some one off my property last week, cars get broken into on my street and every other street in LA every day, home invasions, insane murder rate, a bankrupt local and state wide budget. Lee Baca, spend your time and energy on enforcing the laws that exist and have been passed to protect us. For someone who's biggest criminal stories are linked to Paris Hilton and Mel Gibson, we don't pay you to interpret the laws, just enforce them.

[RamblingMan]

I take it that everyone commenting on how the peoples will should be respected also believe that proposition 8, outlawing gay marriage, should also be upheld? I mean, is it not also the peoples will?

Just a thought