What Decriminalization Means for Prop 19

Many of you have probably heard by now that Gov. Schwarzenegger signed SB1449 into law Thursday morning.

So, as of January 1st, 2011, simple possession of up to an ounce of cannabis will be reduced from a misdemeanor to an infraction. But, what does this mean for Prop 19? Check out the official press release:


FOR IMMEDIATE RELEASE: October 1, 2010
CONTACT: Tom Angell - (202) 557-4979 or tom@Yeson19.com

GOV. SCHWARZENEGGER SIGNS BILL REFORMING CALIFORNIA'S MARIJUANA LAWS

But Only Prop. 19 Will Fully Address Harms of Current Marijuana Prohibition


SACRAMENTO, CA -- Today California Governor Arnold Schwarzenegger signed into law a bill to downgrade offenses involving less than an ounce of marijuana from misdemeanors to infractions.

"Today's announcement is great news and a step forward when it comes to reforming our failed prohibition laws," said Nate Bradley, a former police officer in Wheatland, California and a spokesman with the Yes on 19 campaign. "But even though this clearly shows that the momentum is on our side, it leaves many of the harms of our current marijuana laws unaddressed. Only passing Proposition 19 will allow the state to control the sale of marijuana so it is treated like alcohol and tobacco, collect revenue that is otherwise not being collected and create a system that will help put the bloodthirsty drug cartels out of business."


Prior to the signing of SB1449 by Gov. Schwarzenegger, small-time marijuana possession was already essFYIentially "semi-decriminalized" in California, warranting no more than a $100 fine. However, those arrested under the state's marijuana laws were still forced to appear in court and risked being tagged with criminal records. Now, under SB1499, low-level marijuana offenses will be essentially treated like traffic tickets. The fine will remain $100 but there will be no criminal record or court appearance required.


In signing the bill, Gov. Schwarzenegger said, "In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket."

Prop. 19 has continued to rack up endorsements from groups like the National Black Police Association, the California NAACP, the California Council of Churches IMPACT and SEIU of California, as well as many individual law enforcers, doctors, Latino community leaders, faith leaders, labor, business leaders, elected officials, political
parties and more. (Check out our full list of endorsements here)

Similar to current alcohol and tobacco laws, Prop. 19 will give state and local governments the ability to control and tax the sale of small amounts of cannabis to adults age 21 and older. As the California Legislative Analyst’s Office (LAO), which provides non-partisan fiscal and policy advice, confirms, Prop. 19 includes significant safeguards and controls: It maintains strict criminal penalties for driving under the influence of marijuana, increases the penalty for providing
marijuana to a minor, expressly prohibits the consumption of marijuana in public, forbids smoking marijuana while minors are present and bans possession on school grounds. (Page 3).

California’s tax collector, the Board of Equalization (BOE), which currently collects alcohol and tobacco taxes, estimates that marijuana taxes could generate $1.4 billion in revenue each year, available to fund law enforcement, healthcare and other critical needs.

The California Legislative Analyst’s Office (LAO) also says Prop. 19 would enable California to put our police priorities where they belong, in that it “could result in savings to the state and local governments by reducing the number of marijuana offenders incarcerated in state prisons and county jails, as well as the number placed under county probation or state parole supervision. These savings could reach several tens of millions of dollars annually. 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." (Page 6)

A Public Policy Institute of California poll released last week found that Prop. 19 is polling at 52 percent support among likely voters, higher than any other initiative or candidate on the statewide ballot. The margin of support for Prop. 19 keeps increasing, as can be seen on the visual trend line.