Pubdate: Fri, 15 Oct 2010 Source: Orange County Register, The (CA) Copyright: 2010 The Orange County Register Contact: http://www.ocregister.com/ Details: http://www.mapinc.org/media/321 Cited: Proposition 19 http://yeson19.com/ Bookmark: http://mapinc.org/find?272 (Proposition 19) PROP. 19 AND THE NEW POT INFRACTION LAW Before we take an official position on Proposition 19, which would make it legal for adults to possess and use up to an ounce of prepared marijuana and grow as much as will fit in a 25-square-foot patch, and authorize local options for larger-scale cultivation and sales, we thought it would be prudent and responsible to discuss some of the issues involved. We invite discussion by our readers. Prop. 19, as major proponent Richard Lee of Oakland told us early on in the process, is not a simple "now it's legal, have the police do other things" statute. It was crafted to a great extent in response to public opinion polls that showed what aspects and methods of regulating and taxing marijuana (or cannabis) would be likely to garner support from mainstream voters, so it includes compromises and provisions that raise legitimate questions. Nonetheless, passage would be a major step in America's policy toward certain drugs. An early question is whether with Gov. Arnold Schwarzenegger's signing of Senate Bill 1449, which reduced possession of less than an ounce (28.5 grams) of marijuana to an infraction carrying a simple $100 fine (rather like a parking ticket) obviates any rational justification for Prop. 19. Some, including no-compromise prohibitionists who opposed SB1449, have argued that making marijuana possession a mere infraction is all anyone should expect in the way of reform. They seem unaware that some people perhaps a majority of Californians if recent polls are to be believed oppose prohibition, whether on personal liberty principles or because they understand that pot prohibition entails vastly more costs than benefits. There have also been news stories suggesting that SB1449 makes cultivation of cannabis, as well as possession, a mere infraction. One might infer, if this is true, that this is virtual decriminalization. Neither argument will fly. SB1449 does not mention cultivation, which is still a felony (except for authorized medical patients and caregivers). One might argue that since possession of an ounce of "processed" cannabis is an infraction, a plant that will yield an ounce of bud is also, but it's unsupported by the statutory language. Dale Gieringer of California NORML (National Organization for Reform of Marijuana Laws) told us that making simple possession an infraction won't change much. When it was a misdemeanor, about 60,000 people a year were cited and had to go to court. As an infraction, some reformers are afraid since law enforcement officials won't have the expense of going to court, there will be many more citations issued to raise revenue for strapped local governments. For those who believe that marijuana prohibition has been a failure in that usage rates are higher than in countries with less-restrictive laws, and any Californian who wants marijuana now can obtain it readily, passage of SB1449 is not a valid reason to oppose Prop. 19. - --- MAP posted-by: Richard Lake