PROP 19 - The Marijuana Legalization Initiative

PROP 19 IN BASIC TERMS:
Known as the Marijuana Legalization Initiative, and also as the Regulate, Control and Tax Cannabis Act of 2010. Prop 19 would legalize "various marijuana-related activities." Permits local governments to regulate and tax commercial production and sale of marijuana to people 21 years old or older. Also authorizes various criminal and civil penalties.


Specifics of the Prop include the following:
- People 21 years or older may possess up to 1 ounce, cultivate, or transport marijuana for personal use.
- People 21 years or older may use marijuana in a "non-public place such as a residence or a public establishment licensed for on site marijuana consumption."
-- People 21 years or older may grow marijuana at a private residence in a space of up to 25 square feet for personal use.
- Prohibits possession of marijuana on school grounds, "using it in public, smoking it while minors are present, or providing it to anyone under 21 years old."
- "Allows the collection of taxes specifically to allow local governments to raise revenue or to offset any costs associated with marijuana regulation."
- "Local government may authorize the retail sale of up to 1 ounce of marijuana per transaction, and regulate the hours and location of the business."
- "Local government may authorize larger amounts of marijuana for personal possession and cultivation, or for commercial cultivation, transportation, and sale. "
- "Allows for the transportation of marijuana from a licensed premises in one city or county to a licensed premises in another city or county, without regard to local laws of intermediate localities to the contrary. "
- "Maintain existing laws against interstate or international transportation of cannabis."
- "Maintains existing laws against selling drugs to a minor and driving under the influence."
- "Maintains an employer's right to address consumption of cannabis that affects an employee's job performance."

- "Any person who is licensed, permitted or authorized to sell cannabis, who knowingly sells or gives away cannabis to someone under the age of 21 results in them being banned from owning, operating, or being employed by a licensed cannabis establishment for one year."
- "Any person who is licensed, permitted or authorized to sell cannabis, who knowingly sells or gives away cannabis to someone older the age of 18 but younger than 21, shall be imprisoned in county jail for up to six months and fined up to $1,000 per offense"
- "Any person who is licensed, permitted or authorized to sell cannabis, who knowingly sells or gives away cannabis to someone age 14 to 17, shall be imprisoned in state prison for a period of three, four, or five years."
- "Any person who is licensed, permitted or authorized to sell cannabis, who knowingly sells or gives away cannabis to someone under the age of 14, shall be imprisoned in state prison for a period of three, five, or seven years"


ARGUMENTS FOR A YES ON 19:
- "Estimated that taxing the previously untaxed domestically grown $14 billion cannabis market would produce $1.4 billion a year, Taxing cannabis, supporters say, could be a smart way to help alleviate pressure on the state budget."
- Potentially "major tax and fee" revenues to state and local government.
- Reduce crime.
- Estimate significant savings of "tens of millions of dollars to state and local governments for costs relating to law enforcement, prosecution, incarceration, rehabilitation (I.E. Mandatory drug treatment), and supervising "marijuana offenders."
- Reduce jail overcrowding
- A potential "reduction in fines collected under current state law, but a possible increase in local civil fines authorized by existing local laws."
- Create between "60,000 and 110,000 new jobs"


ARGUMENTS FOR A NO ON 19:
- Possible increase in the costs of substance abuse programs due to speculated increase in usage.
- Bus and trucking companies are "prevented" from requiring their drivers to be drug-free. No action can be taken
"against a 'stoned' driver until after he or she has a wreck."
- "Employers would not be able to pre-emptively remove workers who smell of marijuana use from sensitive jobs such as operating heavy machinery or running medical lab tests but would instead have to wait to take action until after an accident occurs."
- Could endanger children as, "A school bus driver would be forbidden to smoke marijuana on schools grounds or while actually behind the wheel, but could arrive for work with marijuana in his or her system.
- Prop 19 doesn't include a definition of "driving under the influence," therefore a driver can legally drive "even if a blood test shows that they have marijuana in their system."
- Employers in California bidding for public contracts and grants funded by the federal government would not
be eligible, as Prop 19 "would prevent them from being able to "effectively enforce" the federal government's drug-free workplace requirements.


IMPORTANT FACTOID:
- Marijuana is illegal under federal laws.
- Even if Prop 19 passes, and marijuana becomes legal in California under state law, it will still be federally illegal.
- " Attorney General Eric Holder said the federal government will "vigorously enforce" federal laws governing marijuana as a "core priority" even if Proposition 19 passes."
- Many legal scholars have been exploring the ramifications if Prop 19 passes. For more detailed insight go to
http://ballotpedia.org/wiki/index.php/California_Proposition_19_%282010%29#Current_legal_status


PROP 19 SUMMARY:
Y - On Prop 19 means various marijuana related activities would be legal in the State of California.
Local governments will be allowed to regulate and tax these activities for people 21 years and older.

N - On Prop 19 mean California will maintain it's current laws and practices relating to marijuana.

For more information on Prop 19 go to http://ballotpedia.org/wiki/index.php/California_Proposition_19_%282010%29#Current_legal_status

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