The appearance of Proposition 19 on California’s ballot in the November 2010 election – for approval of the Regulate, Control and Tax Cannabis Act – was a surprise to few. California already allows the use of marijuana for medical purposes. Prop 19, had it passed, would have legalized marijuana (to an extent): persons over the age of 21 would have been allowed to possess a limited amount, transport it, and cultivate it. In the end, however, it failed, 54% to 46%.
Proponents of Prop 19 said the passage of the Act would help alleviate California’s budget shortfall by eliminating the need for law enforcement and incarceration of marijuana offenders, and by allowing marijuana to be taxed. Opponents argued that passage would cause schools to lose federal money, as they would no longer be able to qualify for certain grants.
Still others believed that passage would not make much of a difference. California “decriminalized” marijuana in the 1970s. This simply means that, since that time, there have been no criminal penalties for possession of small amounts. Additionally, though supporters of Prop 19 said the state could have earned up to $1.4 billion in additional revenue just from taxing it, other estimates have been in the $300 million range. While this is no small amount of money, it is hardly significant when compared to the state’s massive budget deficit.
Ultimately, California voters decided against legalizing marijuana – this time. Many expect to see it on the ballot again in the years to come. Other states are following California’s lead, though slowly. Fourteen states (including California) and the District of Columbia already permit the medical use of marijuana, and three (South Dakota, Arizona, and Oregon) had it on the ballot this November (though it failed in South Dakota and Oregon). In addition, twelve states besides California have decriminalized the possession of small amounts.
It is important to note that marijuana is still illegal federally, and the federal government has pledged to continue enforcing federal laws against marijuana even in the face of potential state legalization. For more on the marijuana laws in your state, see our FreeAdvice section on state marijuana laws.