LEGALIZING MARIJUANA WOULD HELP CALIFORNIA'S DEFICIT

We live in a representative democracy. We entrust our elected
officials to make legislative decisions on our behalf that hopefully
represents our views and best interests.

However, there are certainly some hot-button issues that I would like
to have a direct vote on, which is why I find ballot initiatives so
awesome. Almost half of the states in this country -- including
Pennsylvania -- support their own form of direct democracy in the form
of ballot initiatives, but no state does this more famously than California.

One measure on California's ballot this year, Proposition 19,
legalizes and heavily taxes marijuana for recreational use by adults
21 and older. Driving while under the influence of marijuana would
remain a crime, and employers would retain the ability to fire
employees for showing up to work under the influence.

Proposition 19 enjoys a lead in most polls. That lead is impressive
given that both gubernatorial candidates, both of California's current
senators, and a Senatorial candidate have all come out against the
proposition.

Like any early poll, however, the results are liable to change before
Election Day depending on the advertising push each side makes.

Still, I think Californians will -- and should -- pass Proposition 19.
Marijuana use, when not driving or operating machinery, is essentially
a victimless crime and is certainly no more dangerous than alcohol.
Laws designed to protect us from ourselves always throw into question
our right to privacy, and marijuana's legality is no exception.

I don't buy the argument that legalizing marijuana would increase the
amount of child and teenage users. Those under 21 who want to obtain
marijuana can already get it, and those who previously were
discouraged by marijuana's illegality won't have any new incentive to
obtain it -- it will remain illegal for them.

For a financially strapped state like California, legalizing marijuana
makes even more sense. The enforcement of marijuana-related crimes
cost California billions and saturates the state's already overflowing
prisons.

Furthermore, though it's hard to estimate an exact figure, the tax
would likely bring in well over a billion dollars in new tax revenues.
For a state that has a $19.1 billion deficit this year, this new
income could prove invaluable.

Since the law would allow individuals to grow their own small amounts
of the plant, this initiative could also potentially create a huge
dent in drug traffic from Mexican cartels. Marijuana makes up an
estimated 60 percent of the drugs smuggled across the United
States-Mexico border.

If Proposition 19 passes, we will enter into an interesting conundrum:
Marijuana is a Schedule I Controlled Substance under federal law,
making it illegal for virtually all purposes. California legalized
marijuana for medical use in 1996 and 13 other states have followed
since. After this passed, federal agents still prosecuted patients who
were complying with their state's marijuana laws.

Finally in 2009, the Obama administration instructed federal agents
not to bother prosecuting marijuana users complying within their
state's laws, calling these prosecutions a "waste of resources."

However, it's unclear whether the attorney general will give a similar
pass to legal recreational marijuana. If not, we could see federal
agents continuing to make arrests, citing federal law above state law.

My guess is that we'll see the legislation tied up in lawsuits long
before the new law takes effect. It's likely California's Supreme
Court will address the law, and because the law completely contradicts
the national law, I wouldn't be surprised to see the federal Supreme
Court or even Congress get involved.

That chaos is an exciting prospect to me, since it would spur the
media and the country into a real discussion of the issue. Like
healthcare, you'll likely see name-calling and mudslinging, but you
might also see some truly interesting discussions and points on both
sides of the issue.

In the end, the legislation may be declared unconstitutional, but it
will have at least been a valuable first step in the legalization of
marijuana.

A final note: Unlike California, Pennsylvania places far fewer
propositions on its ballot. In the last Pennsylvania election, there
was one statewide ballot measure dealing with funding for municipal
water and sewer facilities, which, though important, isn't exactly a
hot-button issue.

On the topic of marijuana legalization and so many other issues, I
feel like making far more liberal use of ballot initiatives would be a
great idea. Seeing popular and controversial topics directly on the
ballot would be a great way to energize voters, inspire increased
political activism, and potentially restore our dwindling trust in the
government.