A BETTER APPROACH TO POT

There's clearly been a change in Californians' views about marijuana.
Proposition 19, which would legalize possession for adults older than
21, is leading in the polls - an outcome that would have been
unthinkable just 10 years ago. So perhaps Gov. Arnold Schwarzenegger,
who opposes Prop. 19, was trying to find a middle way between the
costly status quo and a potentially damaging free-for-all when he
signed SB1449 last week.

SB1449, authored by state Sen. Mark Leno, D-San Francisco, makes
marijuana possession an infraction rather than a misdemeanor.

The penalty for possession of less than an ounce of marijuana was
already limited to a $100 fine and possible court-mandated treatment.
The new law eliminates the need for police booking and jury trials.
It also insures that those who are caught won't have a conviction on
their criminal records.

Schwarzenegger's signature came as somewhat of a surprise - Leno
noted that the bill has been up for a vote at least four times since
he entered the Legislature in 2002. But at least it's a welcome one.

If possession is already an infraction in all but name, why not just
make it one in law - and save the state some money?

Plus, this new law takes the wind out of one of the most important
arguments for Proposition 19 - the incredible cost of jailing and
prosecuting people for simple possession. Now that the governor has
eliminated that argument, voters should take a good, harder look at
the many flaws in Prop. 19's declaration of a "right" to grow and
smoke marijuana, including the burden it would impose on the
workplace, the roads and neighborhoods.

SB1449 doesn't decriminalize marijuana - but it does lift a burden
off of the courts as well as acknowledge an important shift in public opinion.