Proposition 19: Legalize Marijuana

From Mobilize the Immigrant Vote

What is it?

Currently, the possession, use, transportation, or cultivation of marijuana is generally illegal in California. Possession of less than one ounce is a misdemeanor, and selling marijuana is a felony. In 1996, voters in California approved a law which legalized the cultivation and possession of marijuana for medicinal purposes. While still a federal crime, in 2009 the U.S. Department of Justice announced that it would not prosecute marijuana patients and providers who follow California law.

If it passes, Prop 19 would legalize personal use of marijuana for adults in California. People over 21 could possess up to one ounce of marijuana for personal use. Consumption would be allowed at home, non-public spaces, and licensed public places. Adults could grow up to 25 square feet of marijuana at home. Penalties for giving or selling marijuana to minors would range up to imprisonment for five years.

Local governments would be able to collect taxes on marijuana, and regulate its sale and production as well as the hours and location of businesses. Businesses could sell up to one ounce of marijuana.

While transportation within the state would be allowed, laws against interstate and international transportation of marijuana would be maintained. Currently the value of the untaxed state marijuana market is $14 billion, although according to a Rand Corporation study the price of marijuana could drop from $375 to $38 an ounce, reducing the amount of money local governments could collect.

MIV Analysis

Criminalization of marijuana use and possession disproportionately affects people of color and youth. In 2009, 62% of people arrested for marijuana were non-white and 42% were under age 20. By treating marijuana use as a health issue instead of a criminal issue, tens of thousands of people of color and youth would not be put in jail—where they are often introduced to more violent criminal activity. If Prop 19 passes, it could substantially reduce law enforcement costs. Local governments could shift funds away from the criminal justice system to positive life building activities like education, jobs, and health, which are all seriously underfunded in California. Controlling marijuana could also weaken international drug cartels that get 60% of their business from marijuana sales in the U.S. Police could focus on the 60,000 unsolved violent crimes per year instead of arrests of 61,000 people for possession of marijuana (2008 statistics).

On the other hand, legalization and reduced prices may increase consumption, raising health concerns for users. Medical professionals generally agree that there are positive medical uses of marijuana, but also express concern that regularly smoking marijuana can seriously damage a person’s lungs, and heavy use of marijuana can permanently damage short-term memory and reaction time. Police point out that they already have enough problems with alcohol abuse; this new law could lead to more problems with marijuana abuse. Others fear that legalizing marijuana in California could attract organized crime, or that the agri-business would displace small growers by driving up the cost while driving down the price of their crops. California employers could also lose federal grants by no longer being able to enforce federal drug-free workplace requirements.

Supporters and Opponents

Key Supporters include the the Republican Liberty Caucus of California, California Young Democrats, ACLU California Affiliates, United Food and Commercial Workers Western States Council, California Conference of the NAACP, Law Enforcement Against Prohibition, the Drug Policy Alliance, the Oakland City Council, the American Federation of Teachers, and California Assemblyman Tom Ammiano.

Key Opponents include the California Police Chiefs Association, the California District Attorneys Association, Mothers Against Drunk Driving, the California Chamber of Commerce, and U.S. Senator Barbara Boxer, and Gubernatorial Candidates Jerry Brown and Meg Whitman.

For more information

Support can be found at http://www.taxcannabis.org; opposition at http://www.publicsafetyfirst.net

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Paid for by We Are California, sponsored committee of Mobilize the Immigrant Vote and Partnership for Immigrant Leadership and Action. 4100 Redwood Rd, Ste 10 #145, Oakland, CA 94619. FPPC# 1332307.