Californians will vote this fall on whether to legalize marijuana – and the measure has a real shot at passing
By Ari Berman
In 1996, California became the first state in the nation to legalize marijuana for medical use. Now, with a ballot initiative up for a vote in November, it could become the first to ratify an even more striking landmark: the legalization of pot for recreational use. Proposition 19 — the Regulate, Control and Tax Cannabis Act of 2010 — treats pot much like alcohol after the repeal of Prohibition, allowing each city and county to decide whether it wants to approve and tax commercial sales of the drug. And regardless of what local jurisdictions do, any Californian over 21 could possess up to an ounce of marijuana, smoke it in private or at licensed establishments, and grow a small amount for personal consumption. “We’re not requiring anyone to do anything,” says Jim Wheaton, a prominent First Amendment lawyer who drafted the ballot initiative. “We’re just repealing the laws that prevent it.”