By Margie M. Palmer | SDUN Reporter      

While marijuana advocates are making a strong push for the passage of Proposition 19, local government officials and medical marijuana dispensaries claim that the bill is too vague for proper implementation.

The ballot measure, also known as the Regulate, Control, and Tax Cannabis act of 2010, moves to legalize various marijuana-related activities, including sale, distribution and cultivation; moves to allow local governments to regulate these activities; and would permit local governments to impose and collect marijuana-related fees and taxes. If passed, the new law would go into effect Nov. 3, the day after the election.

Proponents believe taxing cannabis is a viable way to help alleviate pressures currently seen in the state’s budget.  Local businesses feel it could positively impact their bottom line.

“In the sense that people will get hungry, we could potentially see an increase in people coming in,” said manager Craig Wilson of Babycakes, which sells cupcakes, tarts and other dessert items on Fifth Avenue in Hillcrest.

“We’re relatively close to a dispensary, so the passage of Proposition 19 could impact our sales,” he said.

City Councilman Todd Gloria, however, is cautionary, saying the city is still trying to sort out the implementation of Proposition 215.  Passed by voters in 1996, it allows the sale of medical marijuana to individuals who obtain a prescription for its use.

“The City Council has been working to implement the provisions of Prop 215 for medical marijuana,” Gloria said.  “It’s unclear if these policies would cover issues that may arise from the passage of Prop 19.”

Gloria, however, does not believe Proposition 19 will obtain enough votes to be successful.  He also noted that the federal government has said it will enforce federal laws restricting the sale of marijuana, and will retain the right to prosecute offenders for growing, selling, or transporting it.

“Even if it passes in California, the federal government has said they won’t look the other way,” he said.

Some local residents, however, still believe marijuana should be legalized.

“I think it should pass,” said Leylla Badeanlou, who lives in Hillcrest.  “There are far fewer problems you hear about with people smoking pot than you see when people drink alcohol.   There are so many people in jail for possession, and it’s silly.”

Badeanlou, who is currently pursuing a master’s degree in molecular and cellular biology, also disagrees with those who feel marijuana is addictive or damaging to people in the long term.

“I smoked when I was younger, and I’ve turned out just fine,” she said.

Many dispensaries, though, are against the ballot measure, saying its language is too unclear.

“It wasn’t presented in the right way,” said Benjamin Lujan, chairman of the board of The Holistic Café.  “There aren’t any guidelines for taxation or regulation, and the federal government has said they will still prosecute aggressively.”

Both The Holistic Café and Hillcrest Organics have said that if people show up on Nov. 3 hoping to purchase marijuana but do not have a doctor’s recommendation, they will be turned away.

City Councilman Carl DeMaio agrees that Proposition 19 was poorly written.  If passed, he said, it will cost the city thousands of dollars to implement.

“Prop. 19 will have a major and costly impact on local law enforcement—and will create an outright mess in the areas of code enforcement, licensing and permitting,” DeMaio said. “Given that we are still having difficulties with the implementation of Prop. 215 and our city’s finances are already stretched thin, it seems more prudent to focus on ensuring proper implementation and oversight of medical marijuana programs first.”