PROPOSITION 19 A BLURRY VISION

Our view: The medical marijuana initiative was flawed, destined to be
fought and clarified in the courts, and so is this proposition.

There's a reason no state in the nation has legalized marijuana --
because it's a wacky idea.

Now Californians, trendsetters that we are, face the question of
whether our state should become the first to do so.

There are many reasons to say no to Proposition 19 on Nov. 2. Look
beyond the simple question of whether growing and smoking marijuana
should be legal, and instead look at the many flaws in the law.

* It appears the measure makes it illegal for employers to enforce a
marijuana-free workplace. Employers can only address marijuana use in
situations where an employee's job performance is impaired. It's hard
to prove impairment unless there's an accident. Think about that.
Wouldn't you prefer to have doctors, school bus drivers and
restaurant cooks who don't smoke weed at work?

* The same goes for drivers. You can't smoke and drive, but you can
smoke and then drive, just as with alcohol. The difference is,
there's an easily measured threshold for drunken driving. It's a
blood-alcohol level of 0.08 percent. There is no measurement for
driving under the influence of marijuana. Unfortunately, the easiest
way to prove impairment doesn't come until somebody has crashed.

* Proponents of legalization claim it will raise "billions" in taxes.
But if everyone could legally grow their own, why would anybody pay
for the taxed version? The state could also make billions by
legalizing prostitution.

* How much will the tax be on marijuana? The initiative doesn't say.

* Proponents claim legalization would allow police to focus on more
important crimes and would free up millions spent incarcerating pot
users. The fact is, there aren't many people who get thrown in jail
just for smoking pot, and it's a low-priority crime for police. You
really have to be flaunting the law -- such as smoking in public --
to get a ticket. With the passage of a new law signed this month,
marijuana possession of small amounts is like a ticket for littering.
You don't get sent to the big house. Instead, you get a ticket in the mail.

* There's also the not-insignificant problem that even if California
passes the law, the federal government still considers growing and
using marijuana against the law. The Obama administration doesn't
currently enforce the federal law. Subsequent administrations might
choose differently.

There's a reason the current governor, both candidates to replace
him, both attorney general candidates, both U.S. Senate candidates
and even the president of Mexico are all against Proposition 19.

It's reminiscent of Proposition 215, a vague initiative that was
destined to be challenged for years in the courts. The medical
marijuana initiative was passed 14 years ago. It's still being argued
and interpreted.

Even if you believe the prohibition on marijuana is a failed policy,
this poorly conceived and vague proposition isn't the answer. It's a mess.