CON: Prop. 19, Uncertain Benefits, Destructive Consequences

by Holland McCabe ‘11

Everyone agrees that marijuana is a hallucinogenic substance that impairs one’s judgment, and poses similar dangers to alcohol. But in these desperate times, some states are looking to equally desperate measures. California’s Proposition 19, which legalizes the growth, sale and use of marijuana, is just such an example of these measures. Supporters of Proposition 19 claim that legalizing marijuana would save millions of dollars on enforcing current marijuana regulations, and it would also potentially generate $1.4 billion in tax revenue. If this money materializes, the boosted funding would greatly help the crippled California state government, which has the highest deficit of any state government in the country ($4.6 billion). However, all California lawmakers are worrying about is the financial problems of today, not the good of California’s citizens or the long-term economic well being of the state.

The supposed $1.4 billion tax revenue does not come from a study looking at the potential benefits of Proposition 19, but a different piece of legislation that requires a prohibitive, $50-per-ounce tax rate on marijuana sales. In reality, Proposition 19 does not include any specific tax at all. It leaves everything up to local governments, which themselves are not even required to place any tax on marijuana sales, or even require licensing for distributors. The California Board of Equalization, which is responsible for the state’s tax administration, has stated that estimating the fiscal effects of Proposition 19 is almost impossible. The Board does not know which local jurisdictions will actually legalize marijuana, or how local regulations and taxation will affect consumption and prices.

Beyond vague fiscal benefits, legalizing marijuana poses serious threats to society. Marijuana has long been shown to be a “gateway” drug, which leads from the use of marijuana to harder substances like cocaine and heroin. A Department of Health and Human Services study shows that marijuana users are much more likely to use another illicit drug than non-marijuana users (63.3 percent for daily users and 38.8 percent for non-daily users compared to 4.6 percent for non-users). Additionally, the study showed that the earlier one begins to use marijuana, the more likely he or she is to use these other illicit drugs.

With marijuana more easily available, more people will begin consuming it at younger ages. This in turn will create more serious drug addicts. So in the long run, California will be faced with the problems of dealing with this heavier drug use and the violence that follows with it. The savings gained now from not having to enforce marijuana restrictions will be voided, and perhaps even overshadowed, by these new issues.

Furthermore, there is a legal conundrum surrounding the legalization of marijuana through a state law. Marijuana is still illegal under federal laws. With medical marijuana, the Supreme Court compromised, and decided that federal agents could arrest users of medical marijuana where it is legalized, but they could not require state and local authorities to help. By expanding legalization to all marijuana, the Supreme Court may be pressed to make a firmer decision as state and local governments go up against federal law.