PROP. 19: WE SHOULD SAY YES TO LEGAL MARIJUANA

We've tried marijuana prohibition for three-quarters of a century,
and all-out war in the last four decades. These policies manifestly
don't work. What's next? Let's try something that heralds a new era
of pragmatic, reasoned policies Proposition 19. Here is what it will
do and what it will not do.

Prop. 19 treats marijuana more like alcohol, letting adults possess
or grow small amounts for personal use. And it authorizes local
governments only if they choose to regulate and tax production and
distribution. What Prop. 19 does not do: it doesn't authorize any
employee to use marijuana on the job, nor stand in the way of an
employer firing someone whose work is affected by marijuana.
Suggestions that Prop. 19 legalizes smoke-filled workplaces are
simply uninformed and silly. The initiative clearly states that
prohibitions on controlled substances in the workplace remain intact.
Applicable court decisions underscore that. And several sections in
the initiative explicitly preserve present laws against operating
vehicles, in an employment context and otherwise. These provisions
apply to consumption while driving or that renders the driver
impaired. Assertions that these provisions allow use "right before
climbing behind the wheel" are also silly.

Detractors appear to be worried about a narrowly crafted clause in
the proposition that requires there to be some impairment of job
performance for an employee to be disciplined or fired, protecting
off-the-job use that has no effect on the workplace. But the effect
of this clause is as it should be. You're allowed to own a dog or
drink alcohol off the job, but employers can regulate these
activities in the workplace same here.

Alarmist opponents raise the specter of a "protected class" of
marijuana users because of the protective clause. But the clause is
not scary. The protection extends only to activity authorized by the
Act, which does not include driving while impaired by marijuana, or
using marijuana in the workplace. To be absolutely clear, there will
be no change at all in terms of workplace controls on driving or
operating heavy machinery in workplaces the school buses will stay as
safe as they are today.

For years, prohibitionists have based marijuana laws on the
assumption that all use is abuse, but this is as untrue as it is with
alcohol. By identifying impairment as the condition that triggers
workplace sanctions, Prop. 19 challenges the notion that use and
abuse of marijuana are one and the same.

The other issue raised by opponents is road safety. Because driving
laws will not change at all, officers will face the same challenges
as today in determining whether drivers are competent. Sadly, no laws
will prevent some people from turning that ignition key even if they
are exhausted, angry or impaired by prescription drugs, illegal drugs
or alcohol.

While research has shown marijuana is not as dangerous a road factor
as alcohol, an added challenge with marijuana has been the lack of a
simple roadside test that can determine sobriety. Luckily, that
challenge is already being lessened by advances in technology. Oral
swab tests that indicate recent use of marijuana are being marketed
today, and may come into wider use in the future. Meanwhile, even the
widespread adoption of Breathalyzers has not replaced field sobriety
tests in evaluating impairment.

California has the highest number of trained drug recognition
experts, and recently announced it would spend more on checkpoints
than any state has ever spent. The only thing that will improve
roadway safety is changing attitudes and enforcing the laws. And
though technology will lessen concerns about marijuana road safety,
we didn't wait for Breathalyzers to end alcohol prohibition. These
are problems of today and tomorrow, irrespective of Prop 19.

Let's get back to work on things that matter in California. Let's get
back to work, period, with legitimate jobs and the promise of savings
and new revenues that can preserve California's crumbling
institutions. Today, marijuana is California's largest cash crop, yet
is unregulated and untaxed. Let's stop using a policy of prohibition
that just does not work. We deserve better, and we can choose a
better system on Nov. 2 by voting yes on Prop. 19.