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PROP 19: a budding controversy over marijuana

Tech by Tech
November 2, 2010
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PROP 19: a budding controversy over marijuana

LAJOLLA — With a growing number of medical marijuana dispensaries taking root in San Diego’s beach communities, attention is lighting up around Prop 19 — the marijuana legalization measure on California’s Nov. 2 ballot. The budding campaign is firing up critics and supporters of medicinal pot and the proliferation of neighborhood dispensaries — as well as the smoky enforcement issues that accompany them. Eugene Davidovich, chairman of the San Diego Chapter of Americans for Safe Access (ASA), heads to The La Jolla Brew House on the second Tuesday of every month to give a rundown of legislation and court action facing medicinal marijuana patients. The decision to run the meeting in La Jolla, according to Davidovich, is because there are hundreds of patients there looking for safe access. “At least 30 percent or so of our regular attendees come from La Jolla,” said Davidovich. Last month’s meeting, though, focused on the Prop 19 vote today. Perhaps what makes Prop 19 unique compared to the litany of previous initiatives to legalize cannabis is that, if passed, it will also allow cities and counties to control the sale of marijuana much like alcohol. This could, according to advocates for “Yes on 19,” generate billions of dollars in revenue. “The medicinal marijuana community is for Prop 19 because if it is completely legalized it will advance the opportunity to research the other medicinal properties of cannabis,” said Davidovich. “As of now, cannabis collectives cannot do this.” ASA members feel the passage of Prop 19 would also reduce the amount of medicinal marijuana users being arrested by local and federal officials because it would reinforce state law. Adding to the drama swirling around the issue was Gov. Arnold Schwarzenegger’s recent signing of the bills SB 1449 and AB 2650. Although the bills seem to conflict one another, it appears the current administration’s intent is clear. Simply put: • SB 1449 decriminalizes possession while AB 2650 aims to limit the amount of dispensaries that can deliver it. Basically, an individual can have up to one ounce in their possession and only face a $100 infraction if caught, but they cannot sell it — at least not as easily as medicinal marijuana collectives would like. • AB 2650, which will take effect in January, prohibits dispensaries from operating within 600 feet of schools. This means the measures passed under Prop 215 for medicinal marijuana access will be more difficult to maintain. AB 2650 will likely make many local dispensaries ineligible to remain in operation, Davidovich said. Sundt Memorial Foundation, a La Jolla nonprofit group, opposes the passage of Prop 19 because its goal is to promote a drug-free world for children by encouraging kids to get a “natural high.” “We obviously have grave, grave concerns about the ramifications of Prop 19 if it passes,” said Michelle Ahearne, executive director of Sundt. “Teachers are already required by California health laws to educate children about the harmful effects of drugs and alcohol. If it passes, how will they do that?” Children today already receive mixed messages from the media and celebrity culture regarding drug use, said Ahearne. “If we add the element of legalization to the mix, what’s the message we’re supposed to send?” Ahearne asked. Conversely, San Diego native and ASA member Vey Linville has been using cannabis concentrates to treat his emphysema for over a year, and believes the passage of Prop 19 will ensure patient’s rights in California as well as help his children, not hinder them. “As a parent, I fear that a single minor episode of experimentation with cannabis could lead to one of my children becoming ensnared in the criminal justice system,” said Linville, echoing the argument by “Yes on 19” proponents that legalization will allow law enforcement to fight more serious crimes. “Let’s make room in the courts. Let’s stop wasting the police’s time and let them chase violent offenders,” Linville said. Scott Chipman, a Pacific Beach resident and Southern California co-chair for Citizens Against the Legalization of Marijuana (CALM), disagrees. “In Alaska, they legalized marijuana from 1978 to 1994 and use doubled among teens compared to the other U.S. states,” said Chipman. “We need to oppose Prop 19 so we can send a positive message to our teens.” Chipman said he believes the Prop 19 verbiage is misunderstood. “Prop 19 will not tax or regulate marijuana. It asks that counties and cities create the tax regulations regarding the sale,” Chipman said. “In the current economic climate, the reality is that it will be extremely difficult for local government to do that,” he said. “They’ll put it on the back burner.” What happens next for San Diego medicinal marijuana patients though is not known. Regardless of whether Prop 19 passes, local ASA members remain concerned about the San Diego Board of Supervisors’ upcoming decisions regarding zoning for collectives in January. “The city ordinance proposal will ask that collectives be 1,000 feet from schools, libraries, places of worship, youth camps, playgrounds and more,” said Davidovich. “But if you forget for just a minute that it’s marijuana, and [view it as you would] aspirin or any other medicine you can get in a pharmacy, you’ll realize that it’s taking away safe access for patients looking for relief,” he said.

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