Pubdate: Wed, 29 Sep 2010 Source: Monterey County Herald (CA) Copyright: 2010 Monterey County Herald Contact: http://www.montereyherald.com/ Details: http://www.mapinc.org/media/273 Cited: Proposition 19 http://yeson19.com/ Bookmark: http://mapinc.org/find?272 (Proposition 19) LEGALIZED MARIJUANA MEASURE PROPOSITION 19 IS THE RIGHT IDEA, BUT THE WRONG LAW Someday, marijuana most likely will be legal in California and throughout the United States. But this is not the right time, and Proposition 19 on the Nov. 2 ballot is not the way to get there. Among other shortcomings, Proposition 19 would leave California law in conflict with federal law, leaving marijuana possession and cultivation in a legal limbo similar to the situation that medical marijuana operations find themselves in now. The measure would enable adults to legally possess up to an ounce of marijuana for personal use, permit use in homes or public places licensed for on-site consumption, and allow marijuana cultivation on private property for personal use. It includes stiff criminal penalties for providing marijuana to minors. In theory, legalization of marijuana sounds logical, considering how much government agencies spend to poorly enforce existing marijuana laws. If the current measure truly would eliminate all marijuana arrests and marijuana prosecutions while providing a sustainable new source of revenue to fill the current holes in government budgets, it would merit support. Unfortunately, it does not. Proposition 19 wouldn't end federal prosecutions and, without saying how, would only allow local jurisdictions to regulate and tax marijuana cultivation and sales operations. Marijuana laws and rules throughout the state would be a confusing patchwork, allowing savvy operators to peddle their wares in cities offering the best deals. Each of California's 478 cities could create its own regulations on cultivation and distribution. Entrepreneurial cities might become hotbeds of marijuana-related industry, while cities not wanting to take part for whatever reason would find themselves continuing to police unwelcome enterprises. The potential for a corrupting influence on local government seems high. While it is true that legalizing marijuana - nationally, not just in California - would strike a blow against the drug cartels terrorizing Mexico, we fear that a California-only pot industry operating under inconsistent and even contradictory rules would create serious crime problems of its own. Proposition 19 doesn't set a measurable standard for driving under the influence of marijuana, and it could make it much more difficult for employers to bar employees from using marijuana even if it might undermine their ability to work safely. It says employers could only address consumption "that actually impairs job performance by an employee." The burden would be on the employer to prove marijuana was impairing performance. Considering the widespread use of illegal marijuana, the public will be tempted to support this measure without careful consideration of the unintended consequences and complications caused by the lack of clarity. It would be wiser to wait for a better law to come along and for legalization advocates to work harder at the national level. - --- MAP posted-by: Richard Lake