Pubdate: Sat, 30 Oct 2010 Source: San Bernardino Sun (CA) Copyright: 2010 Los Angeles Newspaper Group Contact: http://www.sbsun.com/ Details: http://www.mapinc.org/media/1417 Authors: Michael A. Ramos and Rod Hoops Note: Michael A. Ramos is San Bernardino County district attorney and Rod Hoops is the county's sheriff-coroner. Cited: Proposition 19 http://yeson19.com/ Bookmark: http://www.mapinc.org/opinion.htm (Opinion) Bookmark: http://mapinc.org/find?272 (Proposition 19) 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. - --- MAP posted-by: Richard Lake