JUST FOR THE RECORD, I have never taken a single puff from a joint in my life—not even without inhaling.
I grew up in the sixties, and went to college from 1967 to 1971.
I remember the sound of the bullhorn at the free speech area echoing off the sides of the buildings and the anxiety produced by the helicopters overhead.
And I remember the scent of weed drifting through the campus air.
But I was a fundamentalist at the time, and a worshiper at the alter of William F. Buckley Jr., as well.
Alas.
Talk about a misspent youth...
I honestly haven't had that many opportunities to smoke pot since those days, and I can't say I feel deprived.
I did smoke a pipe (filled with tobacco) for about two years—but then they decided it was just as dangerous as cigarettes, so I stopped even that.
So if Proposition 19 passes, I wouldn't be rushing to the nearest outlet to buy some, even if it did make that possible—which it probably won't.
Proposition 19 will not make marijuana legal in California, even if you grow it in your own back yard, for your own use.
That's because federal law will still apply here, as it does now.
Proposition 19 will merely keep California authorities from arresting you for possession of certain amounts, under certain conditions—not federal authorities.
Depending on which party is in power, that could simply mean that you are more likely to pay the federal penalties if you are caught.
So it would be a good idea to look at the penalties under all three laws as they apply to adults over 21:
| Behavior | Now in CA | Prop. 19 | Federal |
| Possession: Up to 28.5 grams | $100 | Legal | Any Amount: 1st: 0-1yr, $1000 2nd: 15days-1yr, $2500 3rd: 90days-3yr, $5000 |
| Possession: Up to 28.5 grams on school grounds | 10 days, $500 | 10 days, $500 | |
| Possession: More than 28.5 grams | 6 mo., $500 | 6 mo., $500 | |
| Possession: More than 28.5 grams on school grounds. | 6 mo., $500 | 6 mo., $500 | |
| Gift of small amount .(less than 28.5 grams in California) | $100 | Legal | |
| Cultivation: except for patients or caregivers. | 16-36mo | Legal up to a 5x5 foot plot, for personal use on private property. | Less than 50kg. - 0-5 yrs, $250,000 50-100kg. - 0-20 yrs, $1,000,000 100-1,000kg. - 5-40 yrs, $2,000,000 More than 1,000kg. - 10yrs-life, $4,000,000 (Double above penalties if within 1000 ft. of a school.) |
| Sale: any amount. | 2-4 yr.* | 2-4 yr.* (unless laws are changed to license sales) | |
| Sale: any amount to a minor over 14. | 3-5 yr. | 3-5 yr. | Double Penalty |
| Sale: any amount to a minor under 14. | 3-7 yr. | 3-7 yr. |
*Sales of under 28.5 grams by a minor are only penalized by a $250 fine in California.
The parts in red show the only real changes, and in each case they will be trumped by federal law.
The impact of proposition 19 will not be an impact on what you, or anyone else, can do legally in California.
But it's still a move in the right direction.
Next Time: Why Prop 19 is a good idea...
