Sacramento - Governor Arnold Schwarzenegger earlier this month signed into law legislation that will make it an infraction to posses an ounce or less of pot.

The law, Senate Bill 1449, which takes effect Jan. 1, means the minimal marijuana possession will no longer appear on a person’s criminal record, nor can they be booked into jail or finger-printed.

Schwarzenegger argues that lowered penalties will free up limited law enforcement services and allow them to focus attention on more serious criminal matters. “Because it is a misdemeanor [to possess up to an ounce], a criminal defendant is entitled to a jury trial and a defense attorney,” Schwarzenegger wrote in a signing statement. “In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.”

The move was a big win for marijuana smokers, who hope to completely decriminalize the drug through the passage of Proposition 19 this November.

At this point, the momentum is clearly on the side of legislation. According to a survey conducted shortly before Schwarzenegger’s decision, 52 percent of voters say they are likely to back Prop. 19, while only 41 percent say they are likely to vote "no,” making it the only measure on the ballot to attract significant majority support. There is a clear distinction in support among different age groups. 70 percent of 18-34 year olds support the proposition while those above that age are more evenly split. Pollsters said Latinos are also now more likely than whites to back legalization, according to the survey, at 63 percent versus 50 percent at the time of the poll.

Current figures gathered from other pollsters indicate support remains strong. A Field Poll released last week shows the ballot measure with a 7-point lead, at 49 percent support.

All this flies in the face of staunch opposition from almost every top Republican and Democrat politician in the state.

Schwarzenegger seems to be listening to the people, but he also made clear that he still opposes Prop. 19. “I am opposed to decriminalizing the possession and recreational use of marijuana and oppose Proposition 19,” he said. “Unfortunately, Proposition 19 is a deeply flawed measure that, if passed, will adversely impact California’s businesses without bringing in the tax revenues to the state promised by its proponents.”

On Nov. 2, we’ll find out if voters agree.

Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.