The debate over Prop. 19

Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010, is a proposition on the November 2, California Statewide ballot. It would take effect the day after the election.

Proposition 19, if approved by voters, will legalize various marijuana-related activities including allowing those over the age of 21 to possess up to one ounce of marijuana for personal consumption, use cannabis in a non-public place such as a residence or a public establishment licensed for on-site marijuana consumption as well as grow marijuana at a private residence in a space of up to 25 square feet for personal use.
The proposition also allows local governments to regulate marijuana related activities like authorizing the retail sale of up to one ounce of cannabis per transaction, regulating the hours and location of the business as well as the ability to authorize the personal possession and cultivation of larger amounts of marijuana, or for commercial cultivation, transportation and sale, among other things.

Attractively for cash strapped California, the proposition if passed will permit local governments to impose and collect marijuana-related fees and taxes. Each municipality will also be responsible for imposing various criminal and civil penalties including the typical laws against driving under the influence and selling to minors, although these penalties vary based on the age to which one is selling.

The details of the Proposition are spelled out concisely here: ballotpedia.org.

So, how do we all feel about this? It seems the popular, least controversial vote for a liberal Californian would be to vote yes on Prop. 19. Indeed, each City Council candidate at a recent forum said they’d vote to pass the Proposition. Oddly then, six out of seven would oppose bringing a Medical Marijuana Dispensary to town which seems like a “not in my backyard” approach to the whole matter. This brings up the logistics of actually passing the proposition and if Prop. 19 passes, California’s marijuana industry will drastically change.

First and foremost is the question of exactly where marijuana will be sold. Because it is currently illegal, the details around sales are sketchy at best. And how its sale figures into the greater United States, where marijuana will remain illegal under federal law, are definitely unclear. It does, however, seem likely that sales at MMDs will plummet given the fact that many people will be able to legally cultivate what they had to purchase previously.

Second, and one of the main arguments the Proposition’s proponents have made is that legalizing marijuana will help stop the illegal shipments of drugs across the border. The thinking is that if, we grow, sell and tax our own legal product here in California, we will no longer have a need to “import” marijuana.

David Shirk, who was interviewed by the Washington Post, is the director of the Trans-border Institute at the University of San Diego. He believes that losing the California market would do little to hurt the drug cartels. “The reality is that you would probably have to legalize consumption of marijuana throughout the United States, or in several significantly sized states, to have any kind of reverberations in Mexico,” Shirk said.
Finally, federal law. Even if California voters pass Proposition 19, it seems likely that the federal government will swiftly overturn the legalization of marijuana here. When one state, even one as forward thinking and standard-setting as California, attempts to lead the nation in controversial thinking, the resulting clamp-down can be speedy.

That’s not to say that you shouldn’t vote yes if you’re pro Prop. 19. But please, do your research. This is an incredibly controversial proposition and, as written, might not be the best way to legalize marijuana, something California has lobbied for for years.

As for The Sun, we’ll wait until a better plan comes along.