Drug War Issues
Politics & Advocacy
California Gov. Arnold Schwarzenegger (R) Thursday signed into law a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction.
Currently, small-time pot possession is "semi-decriminalized" in California. There is no possible jail sentence and a maximum $100 fine. But because possession is a misdemeanor, people caught with pot are "arrested," even if that means only they are served a notice to appear, and they must appear before a court.
That has happened to more than a half million Californians in the last decade, and more than 60,000 last year alone. Every one of them required a court appearance, complete with judge and prosecutor. That costs the cash-strapped state money it desperately needs.
Under the bill signed today, SB 1449, by Sen. Mark Leno (D-San Francisco), marijuana possession will be treated like a traffic ticket. The fine will remain at $100, and there will be no arrest record.
In a signing statement, Schwarzenegger said he opposed decriminalization for personal use -- and threw in a gratuitous jab at Proposition 19, the tax and regulate marijuana legalization initiative -- but that the state couldn't afford the status quo.
"I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name," said Schwarzenegger. "The only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney. 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."
"Gov. Schwarzenegger deserves credit for sparing the state's taxpayers the cost of prosecuting minor pot offenders," said California NORML director Dale Gieringer. "Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources."
The law goes into effect January 1. Even if Prop 19 passes in November, it leaves in place misdemeanor charges for smoking in public or in the presence of minors. Those misdemeanors would become infractions under the new law.
Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.
Comments
In reply to no on 19 by no one in particular (not verified)
Prop 19
If prop 19 pass will be a domino effect, the other states will follow California, so there's no place for a black market in the future and our society will have more freedom (a way less people in jail)
In reply to Prop 19 by greenpower3000 (not verified)
Domino Effect - Not a chance!
Remember, California is a liberal outlier, and most states will NOT follow suit. Think McFly, this law was proposed by a flaming lib from San Fran, you think San Fran sets the nationwide agenda?
If so, how come all states aren't sanctuary states for illegals yet?
Oh wait, my bad...Obamao is still working on THAT one!
In reply to Domino Effect - Not a chance! by Snarf (not verified)
Porp 19
It's not about left or right, anyway on Nov 2nd people will decide, we're a democracy
In reply to Domino Effect - Not a chance! by Snarf (not verified)
if you arent native american
if you arent native american shut the hell up
In reply to Domino Effect - Not a chance! by Snarf (not verified)
You sir, are a moron
Educate yourself to prevent further embarrassment. History would be a good place to start. For one, do you think we're the natives? Righto then. Who then will tend the fields? I sure as hell know you wouldn't. Opinions like yours are cast aside when it's time for big boys to talk. Goodnight my friend. Crack that book!
In reply to Domino Effect - Not a chance! by Snarf (not verified)
Really?
Flaming Liberal? I thought that went with "gay"!? Shows your tendency to bash gays, too! But, in the end, it does not matter. If it passes, your side loses! Unless you are a Biblical prophet, what you say about the other states, means, absolutely, nothing, either.
In reply to Domino Effect - Not a chance! by Snarf (not verified)
Someone should slap you in
Someone should slap you in the mouth.
Just so you know, our ancestors were immigrants as well. They stole land from, murdered and enslaved countless numbers of Native Americans. That's the kind of immigrants we were. The Native Americans didn't arrest us for coming here and trying to start new lives.
And to be honest, if we made every president do everything he promised to do, a lot of them would be in deep trouble. Of course he isn't perfect but, to be honest I would rather have a president that inhaled than risk putting John McCain's air-headed vice-president any day of the week.
In reply to Domino Effect - Not a chance! by Snarf (not verified)
Make Fear Not Peace
Yes, snarf, California is still a sea of relative sanity in an America that is desperately trying to find its way. At the moment the Counter Counter-Culture, with their Make Fear Not Peace rhetoric has captured the imagination of the media. They might be wearing revolutionary garb instead of tie-die, but the group think, and sense of personal mission is the same. Like all movements, they have some legitimate things to say, and also deliver a bunch of bull crap, served up in a sandwich. However, I have high hopes that clarity and common sense will eventually prevail, and even folks like you will come see the wisdom of ending this ongoing attack of big government upon its own citizens . . . or don't you believe that each of us is a sovereign entity that has a right to be left alone, with all that implies?
In reply to Domino Effect - Not a chance! by Snarf (not verified)
On to 2012
Richard Lee did a fantastic job in getting this initiative on the ballot, and we should all be grateful to how much farther this has moved the discourse toward legalization. Having said that, I believe we need to convene a series of statewide conferences which includes all of the players invited with the intention to draft a version of the initiative that addresses those concerns.
In reply to no on 19 by no one in particular (not verified)
That's the idea!.. Â then each
That's the idea!.. then each state will legalize as well....
In reply to no on 19 by no one in particular (not verified)
How will the price go down in
How will the price go down in Cali, making a black market in other states? First of all, the price will go up due to not being on the black market in Cali. There will be a tax if it's legalized. Second of all, there already IS an underground market for pot in other states. What was your point again?
In reply to Legalizing marijuana would by djk1518 (not verified)
I seriously concur. Buy
I seriously concur. Buy local. Cartel has no store anymore. Common sense
In reply to re: why would you not smoke? by Lee Mapson (not verified)
You are clueless
THC is no where near as bad for the brain as alcohol (or hundreds of prescription and over-the-counter drugs). And there are plenty of other legal things that shorten lives as well. Whould we ban anything that is the least bit dangerous? Now I dont blaze either, because I dont like being high. But Im not going to go and try to be a fascist and force other people to not do something in the privacy of their own home.
No, everyone will not just grow pot themselves. A good analogy is homebrewers of beer. Plenty of people brew their own beer at home, yet the amount produced is insignificant to the amount manufactured by both major corporations or smaller, local breweries. Not to mention the fact that brewing beer is a joke compared to growing pot. Brewing involves putting the ingredients into a bucket and waiting a month. To grow quality marijuana involves daily work to make sure the plant is in prime condition for when it begins to flower.
Pot is not legal today. If I go and get a pot card that is on my permanent record, and can prevent me from being employed by certain companies or government agencies in the future. Even if I did have a card, it is only useful in places that are predominately liberal. If I were in the Central Valley, San Diego, Owens Valley, etc., and I showed my medical card to a cop, they would laugh and arrest me anyway. I have friends this has happened to. And cops who have personal vendettas against pot can still do this, even if pot is still just an infraction. So no, it is not "effectively legal".
You have no idea what you are talking about. First off, California already is Mexico's primary drug gateway (which has nothing to do with lax drug laws, its because we have the biggest population and hence the biggest market). And second, by making pot legal it effectively removes any market for those cartels. THIS EXACT SAME THING HAPPENED when we eliminated prohibition and got rid of all the crime associated with the mafia's booze-running. I really dont understand how people dont see the correlation between the mafia of the 1920s and the cartels today. They are doing the exact same thing: providing a service that our government has made illegal.
The biggest problem with the current system is that it turns ordinary, otherwise law-abiding citizens into criminals just because they like to light up a joint however so often. People shouldn't be considering criminals in the eyes of society unless they are doing something which has a direct negative effect on others, and Prop19 will fix this.
In reply to You are clueless by DrAlex (not verified)
You are obviously clueless as well.
In reply to You are obviously clueless as well. by u r dum (not verified)
You might be the one who does not know
Um, Lots of people "SAY" they are going to grow, but, few do. Does alcohol take at least 70 days (if you are aggressive)?
In reply to You might be the one who does not know by Anonymous113 (not verified)
Growing Marijuana and brewing
Growing Marijuana and brewing beer are two very different processes, and both equally hard to do correctly. Either way you must know what you are doing or you will end up with a crappy product or no product at all. Apples and oranges, Folks...Trust me. As far as my two cents worth regarding Prop 19,The law is now somewhat arbitrary, BUT...it is an important message to send, so vote yes!
In reply to re: why would you not smoke? by Lee Mapson (not verified)
There is not one study that
There is not one study that proves what your saying is facts. Why would you talk out of your ass like that, and not actually have any facts. Man come one. Your making us humans look bad..
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Weed safest drug available
All tests have shown that it is impossible to overdose on this drug. You can OD on everything else.... asprin/tylenol/etc. even alcohol.
If its legal... no need for illegal access. bye bye drug lords!!!! now get the hell out of our borders and deserts!
We're all finally moving in the right direction!!! misinformation loses another battle!!! here comes a big domino effect I hope :)
In reply to Weed safest drug available by George Burnsinhell (not verified)
OD on everything
You can even OD on water, but you cant OD on weed.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
You need to read more
THC isnt bad for your brain. There has been no study that says it ever has. The studies that the GOV points to as its proof is a studdy where monkeys where given large amounts of pot in a short amount of time in an air tight mask. The brain damage they site was from oxygen deprivation caused by the mask. To date, aside from motor skill emparement (less than alcohol) THC has no negative side effects or long term issues. Before I am flamed by people that are angry I made a point, please check your facts and keep in mind "your a commie SOB" or "brain dead stoner screw up" are used.... those arn't points of fact either and I have never smoked pot or any other drug in my life...
In reply to re: why would you not smoke? by Lee Mapson (not verified)
I think not smoking is worse
I think not smoking is worse for your brain..Marijuna and HEMP can freakin save our world..And most of you SHEEP still think its bad for you..What a crock
In reply to re: why would you not smoke? by Lee Mapson (not verified)
re: re: why would you not smoke?
First off, Tobacco, Caffeine and Alcohol also hurt your brain, but people enjoy those as well.
We are also allowed to grow our own food but people seem to busy or uninterested to do it themselves, they will even gather in groups when hungry and pay a significant amount of money to consume food that has been grown and prepared by others and sit around in a decorative atmospheric room.
Prop 19 is about equality, for Pot! Removing stigma and taboo! Lift the Marijuana Prohibition!
In reply to re: re: why would you not smoke? by Enthusiast (not verified)
Caffeine
It's brain food actually.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
No Taxes?
That's like saying that taxing alcohol or tobacco is pointless because everyone will make their own. It's perfectly legal to brew your own beer or grow your own tobacco, but very few people actually do that, and instead decide to let the professionals handle it, even if that means they have to pay taxes on those products. Basing your notion that it is "ridiculous" on the fact that no one will pay taxes on it is, in itself, "ridiculous" if you look at those facts.
As far as THC being bad for the brain, I know of no credible scientific study that states such a thing, so please cite your source.
For smoking shortening your life, correct, but it's my life, and I can shorten it if I choose. We cannot refuse to allow people to do things that will affect their health simply because it will affect their health. If we do, then every fast food restaurant will have to be shut down immediately. Health is a personal decision, and I don't want you deciding if I can affect my health, and I'm certain that you don't want me making those same decisions about your health.
It's not legal with this "little modification" because the modification doesn't legalize it; it decriminalizes it. You still aren't allowed to have it without a prescription, but if you do, instead of being arrested and required to appear in court, you simply forfeit the cannabis, and have to pay a fine of $100.00. So, if that's your idea of "legal", then the next time you're walking down the street with a bottle of aspirin in your purse/backpack/whatever, expect to have to turn it over to the police and pay a $100 fine, because aspirin is "legal" too.
Finally, California will not become the "gateway" for the Mexican drug cartels. Arizona and New Mexico are much less densely populated along the souther border, they have much larger southern borders as well. And I realize that the Texas border is even larger, but the Rio Grande makes it an ineffective crossover point for large scale smuggling, as well as the population along the southern border.
I support a person's right to do as they choose with themselves as long as they harm no one else, regardless of whether I support their specific activities, and that goes for drug use, recreational activities, relationships, etc. It's your body, and it's your life, and as long as you harm no one (besides yourself), have a ball...
In reply to No Taxes? by RevLucifer (not verified)
Thank You
Thank you for being & saying something sensible.
I'm glad there are other people thinking somewhere!
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Marijuana has never caused a
Marijuana has never caused a single death in its entire 10,000 years of cultivation and use...
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Prove your statements about
Prove your statements about the deleterious effects of marijuana use, you ignorant turd muncher.
And show us your license to practice medicine, or shut your pie-hole.
And who would buy crappy Mexican brickweed when you could get high-quality marijuana by growing your own or getting it at a medical marijuana dispensary, or other yet-to-be-legalized outlet?
Very few.
If you had any brains, you'd be dangerous.
You're entitled to your OPINIONS, but don't pass them off as being FACT.
In reply to Prove your statements about by You_Know_I_Am_Right (not verified)
Marijuana
It's about time...too bad you didn't get way ahead of the game and totally legalize it like we did in Alaska in 1976.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Hahahaha
You assume that it's easy to grow pot.
In reply to Hahahaha by Anonymouse (not verified)
Really?
I can tell you, it is so easy! It is a weed . You give it food, light, and water, it grows like a weed. You give it extra nutrients, and extra CO2, and you have a super plant And hemp has a million uses, too! (I exaggerated here..........;-) This Tea Party-er knows! Go Ron Paul
In reply to re: why would you not smoke? by Lee Mapson (not verified)
re: why would you not smoke?
You must be some dumb ass tea party motherf%%er who doesn't have a clue and will never have a clue!!!!
KILL YOURSELF NOW WHILE YOU STILL HAVE A CHANCE
In reply to re: why would you not smoke? by Not Stupid (not verified)
Check out my response, above you!
Don't make too many assumptions!..................;-}
In reply to re: why would you not smoke? by Lee Mapson (not verified)
you are wrong on all counts.
you are wrong on all counts.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
"Â Perhaps because THC is bad
In reply to re: why would you not smoke? by Lee Mapson (not verified)
thc is bad for your brain
you are an idiot it has never been proven that thc is bad for your brain.only brainwashed into us for 20 years based on a study that has now come to be found totaly bogus as for shortening lives,thats a bunch a hogwash as well stop buying into the lye and get some real facts search the "union" nice lil documentry done by cops judges and lawyers on the real deal with marijuana,get educated then speak.... thats a good puppet
In reply to re: why would you not smoke? by Lee Mapson (not verified)
LOL
CA will now officially become (if it isn't) Mexico's primary gateway state into the US as far as the cartels are concerned...greeeeat. :(
LOL - what an idiot.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Re: Lee Mapson: re: why would you not smoke
The interesting thing is, the cartels would lose all hold of California, as the cartels only control what is ILLEGAL. Decriminalizing it, and more importantly Legalizing it, will remove it from the drug pushers and put it with Alcohol and Cigarettes where it belongs. If you are against Marijuana, you should be against those too, as they are opposed for the same reasons. If it is a crime to posses it, only criminals will have it. And if there is a higher profit to get you on a harder drug, they will push it on you just as happily. If you put it with Alcohol and Cigarettes, there aren't any of the other drugs to even be offered, and there are already checks in place to regulate it. It's the scare tactics used by the Ignorant that cause the most damage to this country.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
please
foolish you are. it isnt the tax dollars that will be the realy financial benefit, it is the money that will be saved in the courts, and in the battle against it. Your average joe cannot grow good enough product to make it worth his or her while- electricity is too expensive, and it is a long road to perfection...-
So Smartguy it is obvious you are nowhere near the cannabis industry as you are clueless. as is the person above who says it will cost money to implement new laws...THEY ARE MORE CONFUSED THEN YOURSELF, if that is possible.
Look, I am sure you are a very intelligent person in many areas- but this is not one of them. It will save our state a ton of money to pass Prop19. Vote Yes nuckleheads!
In reply to re: why would you not smoke? by Lee Mapson (not verified)
alcohol is worse your body,
In reply to re: why would you not smoke? by Lee Mapson (not verified)
I completely agree with Lee M
The way it is set up right now, any stoner with a half of a brain can be legal to smoke and grow their own mj, and even make a little cash on the side if they follow the correct procedures to generate a legal clinic. Burn-outs need to understand that California is not going to become stoner heaven if P19 goes through, the state will find new ways to regulate abusive idiots...and make $$$ from them. Also the road will become a much more dangerous place, physically and legally, because the police will need less reason of suspicion to harass everyone on DUI checks. (this is a huge problem already in Huntington Beach). The cartel situation is a new viewpoint that I haven't heard, but is a strong factor to consider. Also and again, who besides a burn out would believe it is a wise prospect to empower stagnant individuals to further stagnate themselves, making them even more worthless and a burden upon working class society. Lets not forget why there are laws in the first place, to set a standard to regulate abusive people...and yes, intrinsic abuse does indirectly hurt those who surround.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
THC and 'brain damage'
You made a statement that THC 'damages your brain'...I beg to differ, and so does the scientific community.THC is now a proven componenet in the REGENERATION of brain cells, something that could actually prolong life and mental capacity.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
instead of the concern on
instead of the concern on what has been happening in the past in regards to marijuana and medical growers, focus on this new law and look at the pros and cons of it instead of worrying about cartels and taxs. If you have a concern about these "99 plants", are we not discussing two seperate issues. Take a look at 19 and the previous law allowing these medical marijuana growers to supply those who "need it" and analyze what the real concern is. Is it the fear that 19 will turn California into the drug capitol of the U.S, if not already, or is it that these growers are abusing their rights and trafficing to the common Cali Man. Remeber that Conan always wins
P.S. Back to the issue of this tax money you cannot see coming into effect. Do some research. You will find that 13 billion dollars is collected from this substance you find so bad. Maybe it is but hey, your from california, weed isnt a concern for u guys, its the billion other things that arnold needs to fix. It will be hard though getting support from the state
In reply to re: why would you not smoke? by Lee Mapson (not verified)
RE: re: Why would you not smoke?
You are just as ignorant as the next person. Smoking weed has NEVER killed anyone, where as cigarettes kill millions every year. And THC doesn't harm the brain. There are cannaboid receptors in your brain that absorbs THC.
That being said I don't mean we were "meant" to smoke weed, but my point is that it does not damage your brain like other drugs.
And to be honest, not everyone is going to grow their own weed, regardless of them being taxed. Growing weed is a long process that requires a lot of time and energy. You can't just grow weed like a flower and expect to get the same effect like, medical marijuana for example. People are too lazy to wait weeks and weeks to gather a crop when they could drive down to a dispensary.
And are you crazy or just misinformed? You can't have 99 plants, or anything close to that number.
You can only have 7 in California, and only about half of them can be mature females.
And lastly, the drug cartel will decrease because of the legalization of weed! There's a drug cartel and all that going on because it is illegal. When it's legal, then there's no need to smuggle it into the state, especially when the weed will be medical and better than the street weed from Mexico.
Seriously, stop being negative about this issue. If you're not going to smoke weed then that's fine! And it's entirely your opinion. But you're not going to be the one smoking, let alone affected by people smoking a little weed. Let people who want to smoke, smoke! There's so many terrible things going on in our society and world, I think that if you want to sit down and relax with a bowl after a hard days work, then GO AHEAD!
Not everyone that smokes is a pot head or a low life, stupid, or any of the stereotypes that come with smoking weed. There are plenty of successful, hardworking men and women out there that go to work, take care of their kids and lives, and still smoke a bowl every once in awhile.
The good that comes with weed outweighs the bad. Without the revenue it would produce for the state of California, the state will continue downhill in debt and financial problems.
Consider the benefits that will come with legalizing weed.
YES ON PROP 19! Free Mary Jane!
In reply to re: why would you not smoke? by Lee Mapson (not verified)
utter BS
THC is not bad for your brain it is actually good for your brain you know the whole oh weed kills brain cells argument well that was a false study that also fell into animal abuse because what they did was force feed these monkeys pot smoke into these gas masks for 5 minutes straight and if you know anything about the brain is that you can only go about 4 minutes without oxygen before brain cells start to die so after about a week of this treatment these monkeys died and the government believed this was because of the THC but in a later 2005 study they proved that THC actually stimulates the brain cells and can re-grow your brain cells and can prevent brain diseases like alzimers (sorry this is a hard word to spell) also marijuana smoke is not bad for you it will not shorten your life it will not give you cancer it will prevent cancer because the cannabinoids stop or slow down the growth of tumors so while i smoke this bowl you can have fun with your cancer and i will live a long and happy stress free life. so stop listening to the BS statements your reefer madness is giving you a watch a movie called "the union" very eye opening.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Moron.
Get your facts straight, trying to say THC is bad for your brain. Thats fucking ridiculous and one hundred percent false. Stop trying to spread lies.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
gateway?
in response to "CA will now officially become (if it isn't) Mexico's primary gateway state into the US as far as the cartels are concerned... greeeeat. :(" This so called "gateway" to Mexican cartels would close if marijuana was legalized within US borders. The only reason weed is purchased from the cartel is because of the demand. Since it is currently illegal to cultivate large amounts of marijuana in America we are outsourcing all of the benefits that come with the creation of a new market to foreign criminals including profits, potential jobs, and taxes. With legalization all of the potential would now come to California.
Think of the possibilities that would come with a "California Green Rush." i cant promise taxes coming directly from selling and distributing weed mostly because i think most of that money will remain unclaimed on taxes. To speculate on how much money weed could bring in is just that, speculative. But even though the weed gets smoked that money still ends up in the hands of somebody... your dealer. Well unless your dealer tucks all of their hard earned cash under a mattress, the money is most likely going to end up in circulation again eventually. whether its used on a new tv, a new car, or a new house taxes will be claimed and taxes will be collected.
Also think of the potential increase in sales in fast food, groceries, and tourism etc... It would indirectly revitalize other markets that are suffering severely from the markets most recent recession. California would be to the US what amsterdam is to Europe. We would be the mecca of all that is herbal. We already have the reputation with the product to back it up. Cali strains would be coveted world wide. Tell me how this is a bad thing...
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Your simply wrong.
Your wrong. Not only is Marijuana continually proven to have no harmful effects on the body besides the obvious effects of inhaling smoke. Both cigarettes and alcohol are more dangerous to human health and combined cause more deaths in the US then any other cause. Marijuana has caused zero deaths. Pot smokers don't commit crimes, when over half of all crimes are committed while the person is intoxicated. Civilians are receiving jail sentences and fines for the simple act of smoking marijuana. The prohibition isn't protecting our citizens, it is incarcerating thousands of them. I wouldn't want my kid to be subject to the criminal justice system as a result of a petty marijuana offense. Nearly 2/3 of our national spending on the so called "drug war" goes to prevent marijuana use. What about Heroin and Crack and other drugs that actually ruin peoples lives. The idea to create a legal marijuana industry in the united states would reduce border crime, increase revenue from taxes (only from marijuana smokers). There are no negative effects of ending the prohibition. This issue is aroused because of a miss informed public and politicians and big corporations with agendas of their own. Before you make claims like that be sure to have at least a little bit of an idea of what your talking about.
In reply to re: why would you not smoke? by Lee Mapson (not verified)
 "Prop 19 is ridiculous,
"Prop 19 is ridiculous, aside from the smoking MJ around minors part. Anyone who wants it in large quantities will grow it themselves if it passes - effectively eliminating all of this "tax money" people keep harping about."
You are so dumb. How many cigarette smokers grow their own tobacco? What makes you think casual weed smokers would too?
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Wow
you are a misinformed idiot
In reply to re: why would you not smoke? by Lee Mapson (not verified)
Alright first of dude you
Alright first of dude you tell me where weed shorts a persons life and ill show u a lier ok weed dont shorten a persons life you lose brain cells get it right dude
Pagination
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