Actually it has been up for a vote in the past:
"This is a summary, text, and arguments for and against a California ballot proposition
in 1972 that sought to decriminalize personal use and cultivation of marijuana. The proposition failed.
Proposition # 19
Title: MARIJUANA
Year: 1972
Proposition type: initiative
Popular vote: Yes: 2,753,120 (35.5%); No: 5,433,393 (66.5%)
Pass/Fail: Fail
Summary
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."
This will pass...do not let some of the latest polls fool ya. Here is some commentary on those very polls:
"Discrepancies
Significant discrepancies in polls have revealed what may be a flaw in polling companies' methodology when conducting interviews for Proposition 19. Due to a "social desirability bias" many people, especially minorities, have tended to deny their support for Proposition 19 especially when polls are conducted by a live interviewer, but, when polled by an automated interviewer, more respondents have been inclined to acknowledge their support for Proposition 19. This theory is likened to be similar to the Bradley effect, or what pollster Nate Silver has termed the "Broadus effect" (after the surname of rapper Snoop Dogg).[41]
EMC Research did a poll, paid for by the advocacy group Yes on 19, using both live and automated interviewers to show the difference between the two types of polling. Their live interviewer poll showed significantly less support (40% for, 45% against), than their automated poll (56% for, 41% against).[30]
Another discrepancy, based on type of phone, was noted on the Action News/SurveyUSA poll taken in late October. Those interviewed via landlines opposed the initiative 53% to 43%, while those on cell phones supported it almost 2 to 1.[42] This could be because younger voters, who overwhelmingly support the initiative in nearly all polls taken to date, are more likely to have cell phones than landlines. Several polls may thus be biased towards "No" as a result."
