Pubdate: Fri, 22 Oct 2010 Source: Salinas Californian, The (CA) Copyright: 2010 The Salinas Californian Contact: http://www.thecalifornian.com/section/CUSTOMERSERVICE03 Website: http://www.thecalifornian.com/ Details: http://www.mapinc.org/media/3900 Cited: Proposition 19 http://yeson19.com/ Bookmark: http://www.mapinc.org/opinion.htm (Opinion) Bookmark: http://mapinc.org/find?272 (Proposition 19) 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. - --- MAP posted-by: Richard Lake