PROPOSITION 19 BRINGS PROBLEMS

In recent history, there has probably not been a proposition that has
stirred as much controversy and discussion as Proposition 19, the
legalization of marijuana initiative. Emotions have run high on both
sides of the issue. As the elected district attorney and sheriff of
San Bernardino County, we would like to provide what we feel are just
some of the problems and shortcomings of Proposition 19 - from a law
enforcement perspective.

In brief, some of the concerns with this poorly written legislation
are:

Proposition 19 decriminalizes virtually everything having to do with
the growth, sales and use of marijuana - cultivation, possession,
possession for sale, transportation, and sale. The law doesn't repeal
any specific penal codes already dealing with the use and sale of
marijuana. This will create confusion as to its application under the
law.

Currently, state and federal law is still in conflict over the medical
marijuana law that was recently passed.

Proposition 19 does not provide for statewide licensing or regulation
nor does it provide for state taxation. If the law is passed, the
state stands to lose millions of dollars in tax money, which could be
used for the extra law enforcement and court costs that will no doubt
be incurred as more people are arrested for DUI and related crimes.
Additionally, who will ensure that the marijuana you buy is not cut
with a dangerous chemical? Who will control the potency of the drug?

Proposition 19 permits local government to regulate the sale of
cannabis in any amount.

There are no uniform regulations that govern the sale and distribution
of the drug. There is also confusing and contradictory language
pertaining to the age of users and sellers.

Proposition 19 prohibits employers from discriminating against
employees who are under the influence unless the employee is
"impaired." In other words, an employer is allowed to send home an
employee with alcohol on his breath, but could not do the same with
one who smells of marijuana unless the employer can establish the
employee is actually impaired. How many industrial accidents will
occur because of impaired workers? In addition, it could mean that no
California employer could meet the requirements of the federal
Drug-Free Workplace Act of 1988, which is usually a mandate for the
receipt of federal funds. California risks losing federal monies.

Proposition 19 only prohibits operators of vehicles, boats, and
aircraft from using marijuana while actually operating the vehicles,
boats or aircraft. Before operation or while on breaks, the employee
can lawfully use marijuana. The increase in injuries and deaths from
impaired persons operating vehicles, boats, airplanes, and machinery
is incalculable. The increase in cost to law enforcement to arrest,
prosecute and incarcerate offenders will be significant.

California, once again, stands on the threshold of enacting
groundbreaking law and, in the case of Proposition 19, bad law. The
rest of the country is watching what happens here. As voters,
Californians have the power to prevent what is clearly a poorly and
hastily written law from being enacted. Proposition 19 opens the door
to legalizing a recreational drug and the residents of California have
the right to know the potential problems that will no doubt result
from its enactment.

It's being argued that we should vote for Proposition 19 because it
will conserve law enforcement resources for more serious public safety
concerns. Nothing could be further from the truth. If Proposition 19
passes, law enforcement will be required to waste precious resources
trying to enforce a law riddled by inconsistent and vague provisions.
Our police and sheriff's departments deserve to be given clear
direction on how to enforce our laws. What Proposition 19 gives them
is a law as clear as mud.

As the district attorney and sheriff, we have serious concerns about
the implementation of Prop 19 and urge voters to send a loud No
message back to Sacramento.