Pubdate: Wed, 10 Nov 2010
Source: Visalia Times-Delta, The (CA)
Copyright: 2010 The Visalia Times-Delta
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Bookmark: http://www.mapinc.org/topic/Proposition+19

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.
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MAP posted-by: Richard Lake