by R. Renee Bembry

Created on: October 30, 2010

The fight to legalize marijuana (cannabis) in the Unites States has been ongoing for several decades. As of the year 1996, California, via Proposition 215, became the first state to make marijuana use legal when used for medicinal purposes. Under certain circumstances, licensed persons may grow and sell marijuana in order to make the drug available to patients having doctor prescriptions to obtain the drug.

During the California 2010 General Election that occurs on November 2, voters will take legalizing marijuana to a new level. They will either approve or disapprove a ballot initiative, Proposition 19, which if passed, will make most marijuana use legal in the state. Should the initiative succeed, California will become the first state to make it legal for adults, over the age of 21, to possess, use, and transport, and even grow small amounts of marijuana without fear of arrest or prosecution.

With the above said, however, certain use and possession conditions would apply should the initiative overcome its adversaries. Herein lays several pros and cons of California’s Proposition 19 marijuana legalization initiative.

PROS OF PROPOSITION 19 MARIJUANA LEGALIZATION INITIATIVE

* Legalized marijuana would deter crime since any user, not just those seeking medicinal use, would be able to legally purchase, grow, and use marijuana, as well as marijuana associated paraphernalia. Since users would not have to purchase marijuana on the black market, marijuana related crimes would decline. Persons participating in these acts must be aged 21 or older.

* Those choosing to grow their own marijuana would be limited to the amount of cannabis they could propagate. The limit for home growers would be 25 square feet of the plant, and would have to occur on private, not public, property.

* Although marijuana legalization adversaries claim that legalizing marijuana would remove the right for employers to institute and maintain marijuana use policies while on the job, this is certainly not true. Employers would continue to be able to screen their employees for working under the influence of marijuana, or any other drug. The initiative makes it very clear that employers must maintain their ability to deter drug users when drug use might impair employee ability to perform job related tasks.

* Smoking marijuana in the presence of minors, or in the presence of persons of ages 18 to 21, would be forbidden.

* Providing marijuana to minors - including persons 18 to 21 - would continue

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