“Governments are instituted among Men, deriving their just powers from the consent of the governed” – Thomas Jefferson, 1776

Scripted into the Declaration of Independence, this statement began a new era of politics, government and free society that has defined the way our country views change. From the separation of the 13 colonies to the dawn of the 21st century, almost every action taken by our government has been scrutinized by the people to ensure concordance with the republic’s founding principles.

Even at the highest levels of government, political parties have been formed around the interpretation of this idea. The Federalists believed in a strong central government as a way of safeguarding the rights of the people, while the Jeffersonian Democrat-Republicans believed in the power of the states in guaranteeing the continual consent of the governed. Today, this argument over how to best represent the voice of the people continues in California, as the same core debate has taken a twist over the issue of the legalization of marijuana.

Proposition 19, if passed this November, will legalize the smoking and growing of marijuana on private residences throughout the state. Under the proposition, it would be legal for anyone over the age of 21 to carry one ounce of marijuana, as well as to grow and smoke regulated amounts of the plant at private residences. The state, counties and cities would be given the opportunity to decide their own method of taxing the substance as well.

A Public Policy Institute of California poll states that 52 percent of likely voters are in favor of the proposition. Besides reducing California’s massive state debt through taxation, proponents of Prop. 19 argue, among other things, that the legalization of the currently illegal drug will reduce crime, free up legal resources and reduce the state’s non-violent prison population and upkeep.

However, even if Prop. 19 is passed by California voters, smoking marijuana may remain illegal due to promises by the Obama administration to prosecute drug users regardless of state laws, according to Attorney General Eric Holder’s letter to former heads of the Drug Enforcement Administration last week.

“We will vigorously enforce the CSA [Controlled Substance Act] against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law,” Holder wrote.

Like its dangerous counterparts (cocaine, meth, LSD, crack and heroin), marijuana is currently labelled as a Schedule I Drug. This means that the possession, manufacturing and distribution of marijuana is illegal and punishable by federal prosecution. In the event that Prop. 19 is passed, Californians who partake in the new right of smoking weed may be subject to random DEA raids, arrests and federal jail time.

The best argument of the federal government and other opponents of legalization is the health problems marijuana would cause. These threats are exaggerated, as marijuana is safer than such legal substances as tobacco and alcohol. Although approximately half a million people die annually from tobacco, 400,000 from poor diet and exercise and 80,000 from alcohol, zero people die directly from the use of marijuana, according to a U.S. Justice Department study published in the book In the Matter of Marijuana, Rescheduling Petition.

“There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality,” the study further stated. “A smoker would theoretically have to consume nearly 1,500 pounds of marijuana within about 15 minutes to induce a lethal response.”

Although people do die from dealing marijuana, legalization would reduce these deaths. Many die annually due to dangerous gang and turf wars simply because marijuana is an illegal drug on the black market. After all, nobody dies from dealing beer.

Additionally, there is a risk of accident while driving under the influence of marijuana, but that risk of accident has not stopped alcohol from being legal in our society. Therefore, it’s insufficient to reject Prop. 19 on these grounds.

Four other states have caught the drift: Massachusetts, Washington, Oregon and New Hampshire all have measures on their ballots for legalization.

If the people choose to smoke weed recreationally, the government should honor their choice. It is not the job of the government to alienate the people, but instead, to represent the people and to rule with their consent. If the voters vote yes on 19, then it is the state’s duty to enforce that vote. Especially if multiple states legalize the harmless drug, the federal government should cease its needless and costly prosecution of those non-violent offenders who occasionally smoke a doobie.

According to the Declaration of Independence, every individual has the right to the “pursuit of happiness.” If they find that happiness in the modest and unintrusive confines of a joint, then let ’em smoke.

UPDATE: California voters say no to Proposition 19, Nov. 2

California voters have voted against Proposition 19, a measure to legalize the recreational use, growing and taxing of marijuana in California, CNN reported last Tuesday.

With 100 percent of precincts reporting, the measure has failed by a margin of 54 to 46 percent, according to CNN.