END OF PROPOSITION, BEGINNING OF DEBATE

Now that the smoke has cleared from the election failure of
Proposition 19, perhaps this is an opportunity to consider a
consistent policy that would be compatible with federal law.

It is certainly not the time to rush back to voters with another
ill-fated attempt to convince them to legalize marijuana.

Despite the failure of Proposition 19 -- and it wasn't close -- there
is still room for discussion about how California treats marijuana.
That discussion has to include some factors that were blatantly
missing from the Proposition 19 debate, which is a big reason that it
didn't pass.

And it must be conducted on the national level, at least with some
consideration of the existence of federal law.

Proposition 19 would have allowed personal cultivation, possession
and consumption of marijuana in limited quantities in private. It
would also have allowed commercial cultivation and sale under
conditions determined by local governments.

The measures failed decisively, 54 percent to 46 percent. That sound
a defeat would ordinarily be a signal for supporters to drop the
issue, but legalized marijuana supporters are already talking about
another campaign. They seem to be taking the position that if they
put this measure out there enough, eventually it will pass.

Thank goodness Proposition 19 didn't pass. It was filled with holes
and inconsistencies and would have been an enforcement nightmare.

The attention the issue received, however, both in California and
beyond, indicates that this is an issue that has the potential for change.

California has all but legalized marijuana. Voters passed a medical
marijuana law in 1996, although its administration and execution are
still very much in question. This year, the Legislature passed and
Gov. Arnold Schwarzenegger signed a law that makes possession of
small amounts of marijuana an infraction punishable by no more than a
$100 fine.

The United States as a whole also continues to have a conflicted
approach to marijuana use. Fifteen states have approved the medical
use of marijuana, although only seven, like California, allow
dispensaries. Several other states have also explored the option of
making marijuana use legal for all, but none has gone that far.

The big issue is that possession and use of marijuana is still
illegal under federal law, although the U.S. government has said it
won't process cases of medical marijuana use.

So which is it? Is marijuana legal, or isn't it?

Proposition 19 drew enormous interest from around the country, as
many supporters of legalization thought that its passage might start
a wave of legalization in other states. But Proposition 19 itself
didn't deserve approval. It promised regulation and taxation, but had
no provisions for either. It left enforcement and execution up to
local governments. It made no provision for dealing with federal law.

Those are reasons why a discussion for a consistent national policy
needs to take place. It could be that as a nation, we are not willing
to make marijuana use legal, but the federal law at least needs to be
consistent with state laws.

This is not to say that marijuana ought to be legalized. But as long
as different jurisdictions regard marijuana with inconsistent laws,
ill-conceived measures such as Proposition 19 will continue to arise.