NO ON PROPOSITION 19

Legalizing Marijuana's Inevitable, but This Is the Wrong Way

The state Board of Equalization estimates that 400,000 Californians
smoke marijuana every day. More than 3 million use it at least once a
year. Clearly, the war on drugs is a massive failure, at least regarding pot.

A well-crafted proposal to legalize and regulate marijuana for adults
in California might well be a better approach, but Proposition 19
isn't it. Voters should say "no" on Nov. 2.

In 1996, we supported Proposition 215, the landmark initiative
legalizing marijuana for medical purposes, which some other states
have imitated. We don't regret it. Pot can relieve pain and nausea
for victims of cancer, AIDS and other diseases, in some cases saving
lives. An initiative was the only way to make this humanitarian change.

But let's face it: Implementation has been a mess, rife with
unintended consequences. The lesson is that any move to legalize
marijuana for broader adult consumption needs to prescribe tight,
clear regulation throughout the state.

Proposition 19 fails on that front. Instead of statewide rules,
regulation is left to individual cities and counties. That's right.
Every one of California's 478 cities and 58 counties would be
allowed, but not required, to establish its own laws on how marijuana
can be grown, sold, taxed and used. On some issues, local control
makes sense, but this isn't one of them.

Hundreds of local marijuana ordinances would also confuse the
inevitable federal challenges to Proposition 19. The Obama
administration may not take up the fight, but someone is bound to in
the years ahead. California safety net and other programs that rely
heavily on federal dollars could be in jeopardy if the state is found
to be out of compliance with federal law.

The most attractive element of the proposition is its potential to
deliver a death blow to drug cartels -- but that is an unlikely
outcome. A Rand Corp. study released this week found that only about
3 percent of Mexican marijuana sales are in California. Since it's
estimated to be a $20 billion industry, it's hard to imagine Prop. 19
having much effect. Legalization in this country would have to be
much broader than a county-by-county effort in one state.

Proponents of Prop. 19 say marijuana users now are crowding county
jails at great public cost. But Santa Clara County law enforcement
officials estimate that fewer than 3 percent of inmates are there
because of pot use or sale.

Proposition 19 is not a referendum on whether California should
legalize recreational use of marijuana. It's a vote on whether this
particular initiative is an appropriate way to govern pot use. Voters
should reject Proposition 19 on Nov. 2.