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California Proposition 19 (1972)

California Proposition 19
Date November 7, 1972 (1972-11-07)

Proposition 19, also known as the California Marijuana Initiative (CMI), was a ballot initiative on the November 7, 1972 California statewide ballot. This was the first attempt to legalize marijuana by ballot measure in the history of the United States. If it had passed, the measure would have removed penalties in the State of California for persons 18 years of age or older for using, possessing, growing, processing, or transporting marijuana for personal use. The California Marijuana Initiative’s organizers coordinated a huge grassroots organizing drive to place the measure on the ballot. The initiative qualified for the November statewide ballot in June 1972. The initiative was defeated by the voters with 66.5% No votes to 33.5% Yes votes.

Supporters of Proposition 19 argued that decriminalization was supported by scientific research and the government’s own experts and that enforcing criminal penalties was costing a fortune in taxpayer dollars and ruining the lives of ordinary people. Opponents contended that marijuana was dangerous and unpredictable and that decriminalization would encourage drug abuse and damage society.

Proposition 19 would have decriminalized the personal use, possession, and manufacture of marijuana by adults in the state of California. It would not have affected existing laws against sales, other commercial activities, and dangerous behavior. The official ballot summary stated that the measure "Removes state penalties for personal use. Proposes a statute which would provide that no person eighteen years or older shall be punished criminally or denied any right or privilege because of his planting, cultivating, harvesting, drying, processing, otherwise preparing, transporting, possessing or using marijuana. Does not repeal existing, or limit future, legislation prohibiting persons under the influence of marijuana from engaging in conduct that endangers others." Indeed, if Proposition 19 had succeeded in decriminalizing personal marijuana activities in California, those activities would still have remained criminal violations of Federal law under the Controlled Substances Act.

The cost analysis by California's Legislative Analyst showed no increase in state or local costs. The analysis suggested a potential decrease in state and local criminal justice costs related to marijuana.

Arguments in favor of Proposition 19 were made by Joel Fort, M.D. (Public Health Specialist and Criminologist; former Consultant on Drug Abuse for the World Health Organization), Mary Jane Fernandez (Educator), and Gordon S. Brownell, J.D. (Former Member of White House Staff [1969-1970]). Arguments opposing Proposition 19 were made by H. L. Richardson (State Senator, 19th District) and Dr. Harden Jones, Ph.D. (Professor of Medical Physics and Physiology; Asst. Director of Donner Laboratory, U.C. Berkeley).


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