Reply #7: David Malmo-Levine raises some important additional points...

[Gravel Democrat]

Prop 19 will not reduce the number of arrests
In fact, it may increase them:

The penalty for carrying an ounce is a mere citation and maximum $100 fine.<4> 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. <5> 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.

One often-quoted statistic in the initiative debate is that misdemeanor marijuana possession arrests reached 61,388 in 2008.<6> 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.

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.

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.

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.

...

Contrary to the belief that it will keep people out of jail for marijuana, this initiative actually creates new demographics of people to incarcerate. (See Fact #2 and Fact #3) It is difficult to see how the government would save on court and imprisonment costs if the initiative merely shifts arrests from one demographic to another.

Myth #2: The initiative will keep young adults out of jail for using marijuana.
Fact: This initiative would put more young people in jail for pot. If it becomes law, any adult 21 or over who passes a joint to another adult aged 18-20 would face six months in jail and a $1,000 fine. <8> (NORML's Web site reports that the current penalty for a gift of marijuana of 1 oz. or less is a $100 fine.<9>)

Myth #3: You'll be able to light up freely in the privacy of your home.
Fact: That depends. Under the initiative, even adults consuming marijuana in the privacy of their homes could face arrest if there are minors present (not something one would expect from an initiative that claims to treat marijuana like alcohol and tobacco)<10>. Current marijuana law contains no such restrictions. Thanks to Prop. 215, which legalized marijuana for medicinal use, cannabis consumers have been legally free to smoke in the privacy of their homes since 1997. This initiative seeks to undermine that freedom, making it absolutely illegal to smoke marijuana if there are minors present. (The initiative is ambiguous with regard to whether “present” means being in the same room as the consumer, the same house, the same apartment building, or within wafting distance—apparently leaving this up to the interpretation of judges.) There is no exception for medical marijuana patients or for parents consuming in the presence of their own children.

http://votetaxcannabis2010.blogspot.com/2010/07/why-pro-pot-activists-oppose-2010-tax.html
Submitted by David Malmo-Levine on Wed, 07/14/2010 - 14:52.


http://www.cannabisculture.com/v2/node/24256