LEGALIZED MARIJUANA MEASURE PROPOSITION 19 IS THE RIGHT IDEA, BUT THE WRONG LAW

Someday, marijuana most likely will be legal in California and
throughout the United States. But this is not the right time, and
Proposition 19 on the Nov. 2 ballot is not the way to get there.

Among other shortcomings, Proposition 19 would leave California law in
conflict with federal law, leaving marijuana possession and
cultivation in a legal limbo similar to the situation that medical
marijuana operations find themselves in now.

The measure would enable adults to legally possess up to an ounce of
marijuana for personal use, permit use in homes or public places
licensed for on-site consumption, and allow marijuana cultivation on
private property for personal use. It includes stiff criminal
penalties for providing marijuana to minors.

In theory, legalization of marijuana sounds logical, considering how
much government agencies spend to poorly enforce existing marijuana
laws. If the current measure truly would eliminate all marijuana
arrests and marijuana prosecutions while providing a sustainable new
source of revenue to fill the current holes in government budgets, it
would merit support. Unfortunately, it does not.

Proposition 19 wouldn't end federal prosecutions and, without saying
how, would only allow local jurisdictions to regulate and tax
marijuana cultivation and sales operations. Marijuana laws and rules
throughout the state would be a confusing patchwork, allowing savvy
operators to peddle their wares in cities offering the best deals.

Each of California's 478 cities could create its own regulations on
cultivation and distribution. Entrepreneurial cities might become
hotbeds of marijuana-related industry, while cities not wanting to
take part for whatever reason would find themselves continuing to
police unwelcome enterprises. The potential for a corrupting influence
on local government seems high.

While it is true that legalizing marijuana - nationally, not just in
California - would strike a blow against the drug cartels terrorizing
Mexico, we fear that a California-only pot industry operating under
inconsistent and even contradictory rules would create serious crime
problems of its own.

Proposition 19 doesn't set a measurable standard for driving under the
influence of marijuana, and it could make it much more difficult for
employers to bar employees from using marijuana even if it might
undermine their ability to work safely. It says employers could only
address consumption "that actually impairs job performance by an
employee." The burden would be on the employer to prove marijuana was
impairing performance.

Considering the widespread use of illegal marijuana, the public will
be tempted to support this measure without careful consideration of
the unintended consequences and complications caused by the lack of
clarity. It would be wiser to wait for a better law to come along and
for legalization advocates to work harder at the national level.