SAN JOSE, Calif. (KGO) -- Recreational marijuana sales are now banned in San Jose, even if California voters pass a ballot measure next week that would make such sales legal across the state.
The city council voted to keep recreational marijuana illegal in San Jose, even if it becomes legal in California. That means no commercial growing, transporting, or sales. Vice Mayor Rose Herrera says they want to avoid what happened when medical marijuana was legalized.
MORE: Find in-depth information about what's on your ballot here
"At one point we had over 100 marijuana dispensaries. We were the wild west here," Herrera said,
Mayor Sam Liccardo says the city had to hit the pause button. He says he has concerns about DUIs, edibles and cultivation.
"State would allow any resident to grow marijuana in their backyard but not everyone wants to live next door to the odor of marijuana growing in the backyard," said San Jose mayor Sam Liccardo.
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James Anthony is an attorney specializing in medical marijuana law. He says Prop 64 covers San Jose's concerns and the urgency ordinance is unnecessary.
"It's a complete waste of time. It's a complete waste of taxpayer money. It's a waste of city resources," said Anthony said.
People who support the legalization of recreational marijuana believe it will be good for California and San Jose.
"I feel like there will be less crime. People don't have to worry about cops ad they can smoke whenever they want to," said Jay Ahmed a smoke shop employee.
If Prop 64 passes, a person will be able to legally use recreational marijuana in San Jose and grow up to six plants, but not sell it.
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San Jose bans sales of recreational marijuana ahead of election