[420 Girl]

Ukiah, CA - Thousands of absentee ballots from the June 3 election are still being counted in Mendocino County. But at last glance, the marijuana roll-back law, Measure B, was headed for victory with a 4 percentage point advantage.

Regardless of the outcome, the closeness of the vote in a county recognized nationwide for its tolerance of marijuana use signals a major change in the public's attitude toward lenient pot laws.

In short, many Californians appear ready to back away from the smell, crime and other problems associated with lax rules governing marijuana use and to return to the "compassionate use" that was the intent of voter-approved Proposition 215 in 1996.

But getting there remains an issue. Supporters of Measure B sought to do it by repealing Mendocino County's existing ordinance,which allows up to 25 plants to be grown for medical as well as recreational use. Instead, the county would abide by the state's limits for medicinal use under SB 420, which allows up to six mature plants or 12 immature plants per qualified medicinal user.

But just as Mendocino County was on the verge of relying on the state's guidelines, those rules were being tossed out. In early May, the state Court of Appeal in Los Angeles overturned the guidelines set by the state Legislature in 2003 as unconstitutional, saying that although the Legislature was trying to provide clarity where it did not exist in the poorly worded Proposition 215, only the voting public could amend the initiative.

State Attorney General Jerry Brown has pledged to appeal the ruling to the state Supreme Court. Hope of bringing some form of clarity to this hodgepodge of local and state laws on marijuana use may rest with the success of that challenge.

Barring that, the best outcome would be a new state ballot measure that would, once and for all, provide the clarity that Proposition 215 was lacking. State residents still support the "compassionate use" principle -- allowing those battling cancer and other diseases to have access to marijuana.

But even 12 years later, the challenge remains in determining how much is enough -- and setting limits on the cultivation and possession of marijuana without creating opportunities for those whose ultimate goal is to capitalize on illegal marijuana sales.

We don't know what the number is. But if a majority of Mendocino County voters, a region considered the heart of the nation's "marijuana belt," considers the state's standards to be sufficient, that seems like a good place to start.

Either way, it appears the state's experimental use of lenient pot laws is coming to an end.

Note: State needs a ballot measure clarifying 'compassionate use'.


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