Response to the "Vote Know On Prop 19" Campaign - Proposition 19 Is Only The First Step

Opposition Myth #1: The initiative will end the War on Drugs and substantially reduce marijuana arrests, saving millions in prison costs.

First of all, please point me at anyone who is seriously saying that passing Proposition 19 will single-handedly and immediately "end the War on Drugs."  It would be a huge victory, though.  One of the anti-cannabis opposition's biggest fears is that we pass this thing, not because they they believe (as an organization) it will actually be a massive public health and safety nightmare, but because they know it will not be.  And how do they continue fighting their "war on drugs" when anyone can point to California and say, "Yeah, so what about them?"

Now, she goes on to point out that the feds will continue to fight tooth and nail.  However, 99% of marijuana arrests in 2008 were made by state officials, not federal ones.  The federal government cannot compel the states to enforce their laws.  And they simply do not have the budget or manpower to do so.  DEA agents typically work with local and state police and SWAT in their raids.  Without local support, they will be forced to focus on the top level dealers and the largest grow operations.

"Anyone growing or possessing cannabis without a doctor’s recommendation would still be subject to arrest and seizure by the federal police"

Unfortunately, as it stands, anyone with or without a doctor's recommendation or local permit under California's medical laws is subject to arrest and seizure by the federal police.  Gonzales v. Raich showed that the U.S. Supreme Court has no problem ignoring the will of the people when it comes to medical cannabis; medical patients cannot use their compliance with the laws of their state as a defense in federal court.

The Obama administration did indeed announce that it would no longer raid medical patients, but sadly, the raids do continue, though not at the rate they did previously.  Just last week, federal agents raided two dispensaries in San Diego, over the protests of both ASA and NORML representatives on the scene.

The point is-- we are not safe now.  Only by standing up for our rights will we ever be safe.

"Contrary to popular assumption, the drug war in California will not end, nor will it be impacted much by the initiative. This is because the initiative doesn’t call for full legalization; it proposes to legalize possession of only up to one ounce. And in California, there is no “drug war” being fought against possession of up to one ounce, because marijuana is already decriminalized.

The penalty for carrying an ounce is a mere citation and maximum $100 fine.  Moreover, possession of one ounce is on its way to being downgraded from a misdemeanor to an infraction, because the state Senate voted in June to reclassify its status.  No one goes to jail for having an ounce or less in California, and no one gets arrested, because it is not an arrestable offense."

This is all true, in terms of lowered penalties for under one ounce.  However, decriminalization is not legalization.  First, $100 is still a chunk of cash for a lot of us.  In this economy, especially, I know I don't always have an extra $100 lying around.  Beats going to prison, yes, but it's not an acceptable state of affairs.  Second, you get cited and will not be arrested as long as you appear in court.  And once you appear and presumably are found/plead guilty, you will have a misdemeanor drug conviction on your record.  Such a charge is enough to bar you from federal student loans unless you attend an "acceptable rehabilitation program."  It will haunt you years down the line as you try to get a job, or in a custody battle with an ex-spouse.  That doesn't even begin to discuss repeat "offenders."  Decriminalization is better than nothing, but it's a far cry from ending prohibition.  

Under Proposition 19, these misdemeanor "citations" for mere possession will disappear entirely, as will the more serious felony charges for cultivation.

"One often-quoted statistic in the initiative debate is that misdemeanor marijuana possession arrests reached 61,388 in 2008.  However, it is important to note that this statistic does not refer to any arrest demographic that the Regulate, Control and Tax Cannabis Initiative would affect. This statistic refers only to possession of more than one ounce, possession by minors and possession on school grounds —offenses which the initiative will not legalize. It does not refer to nor does it include marijuana arrests for possession of one ounce or less, because this is not an arrestable offense. Therefore, the initiative would have no impact on reducing these arrests rates."

This is true, as far as it goes, but this means things will be no worse than they are currently for those caught on school grounds or with larger amounts, and will, as explained above, significantly improve for those with reasonable amounts. I can think of no reason why even a heavy cannabis user would need more than one ounce at a time for purely personal use.

"Statistically, the demographic that accounts for nearly one-quarter of total arrests for marijuana possession in California happens to be those in the 18-20 age group. But because the initiative explicitly makes it illegal for even adults age 18-20 to possess marijuana, these arrests will not decrease, and the drug war against young adults will rage on."

It is currently illegal for 18-20-year-olds to possess cannabis (along with everyone else).  The fact that the 21 age limit is unfair to young adults is not a good reason to not pass it for the large majority of us that are over 21.

"Furthermore, since the initiative would keep possession of amounts greater than one ounce illegal and likewise maintain the illegality of private sales of any amount, the overall impact that the initiative would have on ending the drug war, reducing arrest rates and saving on prison costs would be negligible, at best."

Proposition 19 guarantees certain state-wide basic rights to cannabis possession, transportation, consumption, and cultivation. Commercial activities are left to individual communities. Cannabis is too profitable and the benefits too tangible for most cities and counties to keep all sales illegal for very long, while their neighbors reap the financial rewards of their residents spending their money (and paying their taxes) the next city or county over. The state Legislative Analyst's Office, a non-partisan fiscal and policy advisor, found in their review of the the initiative that Proposition 19:

could result in significant savings to state and local governments, potentially up to several tens of millions of dollars annually, by reducing the number of marijuana offenders incarcerated in state prisons and county jails. It could also reduce the number of persons placed on county probation or state parole. The county jail savings would be offset to the extent that jail beds no longer needed for marijuana offenders were used for other criminals who are now being released early because of a lack of jail space.

and that it "could result in a major reduction in state and local costs for enforcement of marijuana-related offenses and the handling of related criminal cases in the court system."

"As an example of how highly misunderstood this initiative and its potential impact on the drug war is, the California NAACP recently pledged their support for the initiative based on the belief that it will put an end to the disproportionately high number of African-American youth going to jail “over a joint.” [7] But in reality, the initiative will have no impact on this phenomenon whatsoever. As it is now, the State of California does not jail people for having a joint; it is not an arrestable offense. And, as mentioned above, possession of up to one ounce is on its way to being reclassified from a misdemeanor to an infraction—which carries no criminal-record stigma. The state does, however, incarcerate people for selling small amounts of marijuana. And since this initiative keeps private marijuana sales illegal, no matter the quantity, there will be no decrease in the number of African Americans—or anyone else—arrested for selling a joint."

Alice Huffman of the California NAACP understands what's at stake.  She never said in the cited (and linked) article that Prop 19 will end African-American youth going to jail over a joint.  Here's the actual quote:

"In California African Americans make up 7 percent of the population, but 22 percent of the marijuana arrests," she says. "I see it as a civil rights issue because so many of our young people get their start in the criminal justice system over a joint."

Remember all that stuff about decriminalization not being the same as legalization?  Because young blacks are more likely to be subject to racial profiling, they are more likely to be caught, despite having overall lower numbers of cannabis users than whites.  And if they are caught-- even on a misdemeanor charge-- suddenly they can't go to college (because they are ineligible for student loans) or get a decent job (because the drug charge shows up on their record).  It can be crippling, even if you never see the inside of a jail.  Let's not forget that marijuana prohibition originally came about in this country due to hysterical racist fears of African-Americans and Mexicans.

Tomorrow: Myths #2 and #3