PROPOSITION 19 BLOWS SMOKE; VOTE NO

In a way, Proposition 19 on the Nov. 2 ballot can do for marijuana
what Arizona's SB 1070 did for illegal immigration -- bring it to the
top of the national agenda.

Just as critical as it is to move toward immigration reform, a
national debate and action on the legalization of marijuana is
overdue. Prop. 19 on the state ballot could thrust the issue to the
top of the agenda. However, that's about the only value Prop. 19
serves because, as state law, it fails on several counts.

In addition, the federal government has made it clear that Prop. 19 is
not something it's willing to live with. The drug czar said this week
that Prop. 19 faces court challenge if passed because the feds
consider it an affront to federal laws, which classify marijuana as an
illegal drug.

Prop. 19 would allow adults in California who are 21 and older to
possess up to 1 ounce of marijuana for personal use and cultivate
gardens up to 25 square feet. It also allows local governments to
regulate and tax the commercial production, distribution and sale of
marijuana.

Prop. 19 is riddled with loopholes and vague language that renders it
impractical.

For example, Prop. 19 offers no specific guidelines for taxing the
sales of the herb. It allows for local governments -- cities and
counties -- to establish their own rules for taxing and collections.
There would be no uniformity from city to city, allowing a patchwork
of jurisdictions to come up with their own pot policies. In Monterey
County alone, there could be as many as 12 sets of regulations and
taxes, each tailored to the preferences of 11 cities and the county.
We could be creating a Wild West of marijuana use and possession.

Prop. 19 also gives no rules for cultivation. You can grow it in your
front yard, back yard on any residence, in any neighborhood without
respect to schools, civic centers, etc.

And at 25 square feet per person, a family of four or more could grow
a lot of pot -- to the chagrin of neighbors.

Prop.19's effect on business is also of concern. Many employers and
the business sector oppose Prop. 19 because it affects workplace
safety by watering down their efforts to provide a drug-free work
environment. It limits an employer's ability to address marijuana use
in the workplace to cases where job performance is actually impaired.
It raises the bar for employers to prove a worker is "stoned" or
impaired while on the job, and prohibits employers from screening job
applicants for marijuana.

A state law legalizing marijuana use could also result in a loss of
federal contracts and grants for businesses because, they argue, they
could no longer effectively enforce drug-free workplace requirements
outlined by the federal government.

Meanwhile, the potential for reaping billions in state revenue through
legalization of marijuana use is huge. And clearing the courts of
minor infractions for pot possession would have some practical and
economic benefits, as well. But Prop. 19 does not authorize the state
to tax marijuana sales, only local government. The measure lacks a
specific plan for regulating pot for such benefits.

California and the nation need to deal with the marijuana question
sooner rather than later. Prop. 19 has shed light on the issue, but it
falls way short of providing a solution. No on 19.