Over the past two decades, California has made steady progress to get be the position it is in today. In November of 2010, California voters will get to decide whether or not to take the next step. Proposition 19, the piece of legislature in question, will impact the state in several ways. First of all, it will allow for the legalization of personal marijuana-related activities. Basically, you have to be over 21 years old, you can't have more than an ounce on your person, and you can grow small amounts of it in your house. The main difference here is that current California laws imply a small fine for possession of under an ounce and jail time for possession than more than an ounce. Prop 19 also calls for local government regulation of commercial production and sale. But I think the most important aspect of Prop 19 is going to be the fiscal impact.
Currently, California is in the worst economic state... of all the states. Cali's legislators estimate that taxing the pot that is already being grown in the state would lead to $1.4 billion in revenue per year. In addition, Prop 19 would result in significant savings of state and local governments, potentially adding up to tens of millions of dollars, because of the reduction of those incarcerated and paroled. Indeed, the fiscal impact is certainly a very attractive side of Prop 19.
But what about, you know, the federal laws stating that marijuana is illegal? Isn't that at all important? The disagreeing levels of government pose a grey area in federalism unlike anything before. Legal scholars have made a few guesses on what would happen if Prop 19 does pass. Firstly, federal government would still be able to prosecute the use and sale of marijuana. Secondly, federal government would not be able to require California to help enforce the federal laws. This is a big deal because it is mostly state officials making marijuana arrests. In 2008, about 850,000 marijuana related arrests were made nationally. Of those, only 1% were made by federal officials.
It is a unique position that California is in. If the state can follow through with legalizing pot and show that it can be done safely and effectively, I think other states will follow. There are already 13 states that have decriminalized it. How many more will follow suit if California sails out of debt and doesn't collapse under moral turmoil in the process?
2 comments:
I think that "Prop 19 and Federalism" poses some very interesting questions. I was always raised hearing about how horrible marijuana is, and that it is only a gateway drug for worse, but this commentary points out that maybe, if used responsibly, marijuana could be what helps to save California’s dying economy. Tim wisely includes that California’s legislators estimate that tax revenues from marijuana could reach $1.4 billion per year, as well as saving millions from those who are incarcerated and patrolled. This could be the one thing that could solve California's financial crisis, and if made a national law, could save the U.S. economy. I think Tim is correct in saying that if Proposition 19 is passed, other states will soon follow. He does a good job of explaining the uncertainties of federal-state relations with an issue this controversial.
I agree that legalizing marijuana has many important benefits, but I also think that the potential negative effects cannot be ignored. For example, it is very likely that people will not abide by the limitations on marijuana growth and possession. Also, it is a safety hazard, and there is a reason why people call it a gateway drug. Tim makes a vital argument for legalizing marijuana in “Prop 19 and Federalism,” but I think that the issue is much more complex than just the fact that it will help our economy.
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