Legalization: Not If, But When

California's marijuana legalization initiative, Proposition 19, didn't win a majority of votes, but it already represents an extraordinary victory for the broader movement to legalize marijuana.

What's most important is the way its mere presence on the ballot, combined with a well run campaign, has transformed public dialogue about marijuana and marijuana policy. The media coverage, not just in California but around the country and even internationally, has been exceptional, both in quantity and quality. More people knew about Prop 19 than any other measure on the ballot this year -- not just in California but nationwide.

The debate is shifting from whether marijuana should be legalized to how. Public opinion polls in California consistently reveal that a majority of the state's citizens favor legalizing marijuana. One "No on 19" campaign spokesman admitted that even his own supporters were divided between those who oppose legalizing marijuana and those who favor legalization but were wary of either Prop 19's specific provisions or the federal government's threats to block it from being implemented.

Prop 19 both elevated and legitimized public discourse about marijuana. It's the small but growing number of elected officials who endorsed Prop 19 or said they'd vote for it -- and the increasingly frequent private expressions of support by candidates and elected officials who said they wished they could be public about their position. It's the growing number of endorsements by labor unions, including SEIU California, and civil rights organizations, including the California chapter of the NAACP and the National Latino Officers Association.

Meanwhile, Prop 19 already can claim one hard victory: Governor Schwarzenegger recently signed into law a bill that will reduce the penalty for marijuana possession from a misdemeanor to a non-arrestable infraction, like a traffic ticket. That's no small matter in a state where arrests for marijuana possession totaled 61,000 last year -- roughly triple the number in 1990.

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