NEED FOR PROP. 19 NOW MOOT

With the signing of SB1449, there's no reason to support Prop. 19. It
is poorly written and full of drafting errors that exposes the state
to more danger on our roadways, in the workplace and in our communities.

Gov. Arnold Schwarzenegger recently signed Senate Bill 1449 into law,
reducing the punishment for possession of less than an ounce of
marijuana from a misdemeanor to an infraction. While we are both
opposed to SB1449 for various reasons, we also believe that this
takes away the last reason why anyone would support Proposition 19,
the initiative that will legalize recreational use of marijuana
across California.

Proponents of Prop. 19 continue to falsely claim that current
marijuana policy leads to imprisonment for minor marijuana
possession, in addition to taking away law enforcement and judicial
resources from more serious crimes.

According to the National Association of Drug Court Professionals,
"It is extremely rare for anyone to be incarcerated solely for the
use or possession of marijuana. Less than 1 percent of jail and
prison inmates in the U.S. were incarcerated for marijuana possession
as their only offense." Regardless, now that possession has been
classified as a simple infraction, supporters of Prop. 19 can no
longer make this claim.

All that remains now is a poorly written initiative full of drafting
errors that opens the state up to an increase in danger on our
roadways, in the workplace and within our communities.

As written, the initiative prohibits someone from smoking marijuana
while operating a vehicle.

However, it does not mention anything about drivers smoking just
prior to getting behind the wheel, nor does it forbid passengers from
using the drug, which could clearly have a negative effect on the driver.

Additionally, should an accident occur, there is no conclusive test
to determine the level of intoxication as there is for alcohol.

Therefore, it will be up to law enforcement officials to prove a
driver was impaired.

Similarly, while employers will be able to prevent employees from
smoking while working, Prop. 19 takes away all rights to prevent
employees from using marijuana just before coming to work or during
their breaks.

As with driving accidents, employers will only be able to take action
against an employee after an incident has occurred, but if and only
if they are able to prove the employee was in fact impaired and that
impairment affected their job performance.

What's more, the initiative's title is extremely misleading as it
will actually fail to regulate, control or tax marijuana in the
manner claimed by supporters. Even Gov. Schwarzenegger feels that
Prop. 19 "is a deeply flawed measure that, if passed, will adversely
impact California's businesses without bringing in the tax revenues
to the state promised by its proponents." An analysis by the Board of
Equalization reports that while the purpose of the Act "is to, in
part, 'tax and regulate cannabis in order to generate billions of
dollars for our state and local governments,'" the Act itself "does
not establish a statewide regulatory framework, nor does it impose an
additional statewide tax on cannabis." Additionally, the report
states that because Prop. 19 "does not contain any new
responsibility, rule or law applicable on a statewide level...it is
not possible to estimate the potential revenue gain."

Likewise, not only is it impossible to predict the amount of money
California will see from Prop. 19, if any, the state will actually
lose money if this ballot measure passes.

Employers will no longer be able to maintain drug-free work
environments, meaning the loss of millions in federal funding and grants.

Prop. 19 passing means our schools alone will see a loss of $9.4
billion in federal dollars. When education is already being
sacrificed in budget cuts, this just doesn't make sense.

We urge voters to read the language of Prop. 19 for themselves and
they will see just how flawed it is. Bottom line, Prop. 19 is a
poorly constructed initiative that will cause confusion and chaos for
our law enforcement officers in the workplace and throughout our
communities. We can't put our already fragile state at risk by
passing this ill-fated initiative.