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Pot proponents push for upset win in Calif.

Proposition 19 would authorize local governments to permit commercial pot cultivation, as well as the sale and use of marijuana at licensed establishments

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Though Prop 19 has recently fallen behind in the polls, its passage would mean that starting Wednesday adults could carry around up to an ounce of their own marijuana and related paraphernalia without fear of arrest by state and local authorities.

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By David Crary and Lisa Leff
Associated Press

SAN FRANCISCO — California voters decided Tuesday whether to make their state the first to legalize recreational marijuana, drawing worldwide attention atop the 160 ballot measures in 37 states that also included divisive proposals to slash taxes and ban abortion.

The proposed California constitutional amendment -- titled the Regulate, Control and Tax Cannabis Act -- would allow adults 21 and over to possess up to an ounce of pot, consume it in nonpublic places as long as no children were present and grow it in small private plots.

The initiative, Proposition 19 on the state ballot, would authorize local governments to permit commercial pot cultivation, as well as the sale and use of marijuana at licensed establishments.

Proponents have pitched it as a sensible, though unprecedented, experiment that would provide much-needed revenue for the cash-strapped state, dent the drug-related violence in Mexico by causing pot prices to plummet and reduce marijuana arrests that they say disproportionately target minority youth.

The state branches of the NAACP and the League of United Latin American Citizens have endorsed it, as have several retired police chiefs. Several California cities have companion measures on their local ballots that would tax retail marijuana sales if the measure passes.

Although marijuana already is available at storefront medical marijuana dispensaries in California, Prop 19 trailed in recent opinion polls. Every major newspaper, both political parties, the two candidates for governor and all but a handful of leading politicians have come out against it.

Federal officials said they would continue enforcing laws against marijuana possession and sales, and have not ruled out suing to overturn the California initiative if it passes.

Prop 19 supporters were buoyed by a new Gallup poll showing that national support for legalizing marijuana has reached an all-time high of 46 percent. Gallup said majority support could come within a few years if recent trends continue.

“No matter what happens (with Prop 19), it’s now undeniable that national public sentiment is increasingly turning against the idea that responsible adults should be criminalized for using a substance less harmful than alcohol,” said Rob Kampia of the Marijuana Policy Project. “We are already looking forward to achieving major victories in 2012.”

In Arizona and South Dakota, voters considered measures to legalize medical marijuana -- a step already taken by California and 13 other states. Oregon voters were deciding whether to expand the state’s current medical marijuana law by authorizing state-licensed dispensaries.

Copyright 2010 Associated Press