PROPOSITION 19 WOULD CREATE BIGGER MESS

Tempting as it is to agree with the legalization of marijuana,
Proposition 19 is the wrong measure at the wrong time, filled with
inconsistency, empty promises and loopholes.

Given the confusing mess created by its medical marijuana laws,
California isn't ready for full-fledged legalization. We recommend
that voters reject Proposition 19 on Nov. 2.

Proposition 19 would allow individuals 21 or older to possess,
process, share and transport up to one ounce of marijuana. It would
also allow individuals to cultivate up to 25 square feet of marijuana
per residence.

The bigger problems are from other provisions of Proposition 19: It
would allow local governments to authorize, regulate and tax
commercial marijuana-related activities, including production,
transportation and sale. But Proposition 19 doesn't offer any
specific guidelines on how to do that.

Does that allow a county, for instance, to allow marijuana farms of
any size? Would licenses be required? When could marijuana be taxed,
at sale or production, or both? And by how much? What happens when
different localities pass different rules?

Supporters contend that legalizing marijuana would provide an
opportunity for tax revenue and would reduce crime through
regulation. Perhaps it would, but not through this measure, which has
no provisions for statewide implementation.

Even if marijuana is regulated and taxed, it could produce a black
market that encourages criminal activity. Individuals could grow
their own while commercial operations produce mass quantities.

When and if marijuana is legalized, it will create a host of legal
problems. Businesses would be saddled with even more legal issues in
dealing with marijuana-using employees. Enforcement of
driving-while-impaired laws will be impossible for marijuana, because
unlike the 0.08 percent threshold for alcohol, there is no standard
for marijuana impairment.

Proposition 19 would prohibit transport of marijuana across state
lines, but how would that be enforced?

Those are just some of the legal difficulties in legalizing
marijuana. The state's current marijuana laws show how confusing
things could become.

Possession of less than an ounce of marijuana has been a violation
since 1976, punishable by a $100 fine and no jail time or record,
although selling is still illegal.

In 1996 - yes, it's been that long - voters approved Proposition 215,
which allowed patients to use, grow and sell marijuana for medicinal
purposes. Look how that's working out. Local jurisdictions are
paralyzed about how to proceed. Marijuana dispensaries are
flourishing in some places, but they are also suspected and sometimes
proven to be harbors of crime. Neither the courts nor the state have
been able to straighten this out.

Meanwhile, law enforcement continues to wage expensive assaults
against huge growing operations in remote areas.

Marijuana laws need to be consistent, enforceable and reasonable on a
statewide basis. They also need to be consistent with neighboring
jurisdictions. Marijuana possession is still not permitted under federal law.

Things are confusing enough about marijuana as it is. Proposition 19
only adds to the confusion without delivering regulation, revenue or
consistency.

The Legislature ought to examine the issue, with careful deliberation
and study. It ought to include statewide enforcement provisions.
California could be a pioneer in legalizing marijuana, but not with
this measure, which offers freedom without responsibility.

Vote no on Proposition 19.