PROP. 19 AND THE NEW POT INFRACTION LAW

Before we take an official position on Proposition 19, which would
make it legal for adults to possess and use up to an ounce of prepared
marijuana and grow as much as will fit in a 25-square-foot patch, and
authorize local options for larger-scale cultivation and sales, we
thought it would be prudent and responsible to discuss some of the
issues involved. We invite discussion by our readers.

Prop. 19, as major proponent Richard Lee of Oakland told us early on
in the process, is not a simple "now it's legal, have the police do
other things" statute. It was crafted to a great extent in response to
public opinion polls that showed what aspects and methods of
regulating and taxing marijuana (or cannabis) would be likely to
garner support from mainstream voters, so it includes compromises and
provisions that raise legitimate questions. Nonetheless, passage would
be a major step in America's policy toward certain drugs.

An early question is whether with Gov. Arnold Schwarzenegger's signing
of Senate Bill 1449, which reduced possession of less than an ounce
(28.5 grams) of marijuana to an infraction carrying a simple $100 fine
(rather like a parking ticket) obviates any rational justification for
Prop. 19. Some, including no-compromise prohibitionists who opposed
SB1449, have argued that making marijuana possession a mere infraction
is all anyone should expect in the way of reform. They seem unaware
that some people perhaps a majority of Californians if recent polls
are to be believed oppose prohibition, whether on personal liberty
principles or because they understand that pot prohibition entails
vastly more costs than benefits.

There have also been news stories suggesting that SB1449 makes
cultivation of cannabis, as well as possession, a mere infraction. One
might infer, if this is true, that this is virtual
decriminalization.

Neither argument will fly. SB1449 does not mention cultivation, which
is still a felony (except for authorized medical patients and
caregivers). One might argue that since possession of an ounce of
"processed" cannabis is an infraction, a plant that will yield an
ounce of bud is also, but it's unsupported by the statutory language.

Dale Gieringer of California NORML (National Organization for Reform
of Marijuana Laws) told us that making simple possession an infraction
won't change much. When it was a misdemeanor, about 60,000 people a
year were cited and had to go to court. As an infraction, some
reformers are afraid since law enforcement officials won't have the
expense of going to court, there will be many more citations issued to
raise revenue for strapped local governments.

For those who believe that marijuana prohibition has been a failure in
that usage rates are higher than in countries with less-restrictive
laws, and any Californian who wants marijuana now can obtain it
readily, passage of SB1449 is not a valid reason to oppose Prop. 19.