Prop 19: November Ballot Initiative to Legalize Marijuana in California

The State of California released the numbering for the ballot initiatives slated for November 2010 on June 28. Prop 19 is the number assigned to the initiative to legalize marijuana on the ballot. The LA Weekly made an interesting note about this. The last time this idea was put forth to the population in 1972, the failed measure was also named Prop 19. With the number of supporters on both sides of the argument growing, this will certainly be a closely watched contest going into the fall.

If the initiative passes, it allows anyone 21 and over to grow, carry or transport marijuana for their own use. Cities and Counties will be allowed to tax the production and sale of marijuana on a commercial level and collect taxes and fees. It prohibits anyone from carrying it on school campuses, smoking in public or in front of minors and it maintains penalties for abusive activities like driving under the influence and selling to minors.

The initiative was written and submitted by Richard Lee, the Executive Director at Oaksterdam University located in Oakland. He is a long time proponent of legalizing marijuana and advocating safe access for medical marijuana purposes. His draft was one of three submitted to the state.

Arguments for Legalization:
Legalizing the use of marijuana would reduce by tens of thousands the number of people handled by law enforcement and the courts reducing their costs and presumably freeing up their resources for other offenders. The magnitude of savings can in theory reach into the millions of dollars for local governments. Legitimate commercial enterprise would replace illicit drug traffickers on a large scale reducing the darker side of drug distribution.

Cities and Counties can tax the production and sales of marijuana increasing revenue where it couldn’t otherwise before. Regulating production for businesses would raise revenue through fees etc. Law enforcement would save a substantial amount of money from investigating, arresting and incarcerating people on marijuana charges. Prisons would experience a resulting drop in population as the large numbers of new arrestees and probation violators would reduce. In theory the reduction of inmates would reduce the number of beds and staff needed to house and monitor the inmates.

Arguments Against Legalization:
Legalizing the use of a controlled substance could potentially have long-term repercussions on individuals prone to addiction. Irresponsible behavior may create more costs to the health and legal system that otherwise are kept in check by keeping it illegal. Public drug treatment programs could see their costs rise sharply as current and new users become addicted to marijuana. The current Medical Marijuana Program would probably suffer a loss of membership as those over the age of 21 wouldn’t need to enroll to obtain their medicine.

Of primary concern to many is the impact that legalizing the use of marijuana will have on drivers of motor vehicles. Will more people drive under the influence of marijuana in the same manner that many people go to a restaurant and have a glass of wine and then drive home? Are we at risk of increasing the number of accidents involving impaired drivers on our roads today by passing this measure?

Both supporters and opponents of the initiative are using current research to reinforce their arguments. Proponents are claiming that passing this initiative will result in a windfall of income to the State and Local Governments. But opponents point to the fact that legalizing marijuana will sharply reduce the cost per ounce resulting in lower realized income from taxes and fees. The uncertainty surrounding the residual effects will not be known until the measure has pasted and been implemented. One thing is certain. You will have ample opportunity to hear from both sides of the issue all the way into the holidays this year.