The "Regulate, Control and Tax Cannabis Act of 2010″ would treat marijuana like alcohol in the eyes of the law. And with nearly 700,000 signatures in support of the petition submitted to the Secretary of State in February, it is expected to qualify for the state ballot this November.
 

Under the proposed measure, persons age 21 or older could engage in "personal consumption" of marijuana in a "non-public place." A "non-public place" includes a residence or a public establishment licensed for on-site marijuana consumption. It would also allow people to possess, process, or transport up to one ounce of marijuana and to cultivate it on their private property in an area up to 25 square feet. 

Gray actually believes the cultivation provision should be expanded. "The marijuana itself can be hard to get, especially if dealers don't have a way to get the raw marijuana material, raise it and provide it on a larger scale," explained Gray. 

It's a funny thing to hear from a judge appointed to the Orange County Superior Court in 1989 by then Gov. George Deukmejian. But as a conservative judge in a conservative county, Gray decided the most patriotic thing he could do for his country would be to end the country's war on drugs. 

When asked what experiences during his 29-year career in the judicial system influenced his stance on marijuana and other drugs, he recalled sitting on the bench of the Orange County municipal court dealing with the sentencing of one particular man. 

Gray described the young man as a "fairly bad guy" who robbed, beat and raped prostitutes but, after working out a plea agreement, only served two weeks of jail time plus credit for time served. 

"He was so happy that once he was taken back into lock up, he gave a real war whoop," said Gray. " I could hear him from my bench ... He and I both knew he got off easy."

"And if I ever had a catharsis, it was then," he said. 

The experience convinced Gray the tougher society becomes with drug crimes, the softer it becomes in the prosecution of everything else. 

"We only have so many resources and now we're spending these resources on low-level drug cases." 

It's why Gray was enthusiastic about the initiative. He calls it the "best one" he's seen and especially likes the local choice it affords cities to regulate and tax pot. 

Some cities may choose to run city package stores where marijuana sales can only be purchased from an outlet the city controls, other cities can decide to allow private businesses to sell the weed. Still others can choose not to allow the sale at all. 

His only qualm with the initiative is that it allows the advertising of marijuana "I don't want it to be advertised like a box of Cherrios on the radio," he said. 

On the whole, however, Judge Gray thinks the initiative can be a first step at overcoming current drugs laws that act as a crime "we're perpetuating on our people and it's a catastrophe." 

"Who is that benefitting?" he asked. "Who is winning with regard to the war on drugs?"

Sitting in his office at an arbitration firm in Irvine, Gray answered his own question. 

"The big time drug dealers, who are laughing at us, are winning," he said as he leaned forward in his chair and started counting off each group with his fingers. "The juvenile gangs, the law enforcement agencies, the prison union groups, the politicians who talk tough on drug issues for popularity sake are winning. And the people who build prisons-you'd be surprised what a lucrative business it is -- are winning." 

People need to be brought into the criminal justice system because of what they do, he said, and not because of what they put into their bodies. 

"The most harmful thing about marijuana today is jail," Gray said matter-of-factly. 

When asked whether he himself tried marijuana in his youth, or if he possibly smokes now, he answered with a firm "no." Although his parents found it hard to believe, Gray said he never saw pot while attending UCLA in 1962. He preferred the frat scene, which exposed him to underage drinking more than anything else. 

It was not until Gray went to USC law school in 1968, after serving in the Peace Corps in Costa Rica, that he was exposed to pot. 

"Half of the top 10 percent smoked pot regularly and, I assure you, they haven't dropped out of society," he said. "They made it like everyone else." 

Fun Facts: 

Gray says the main problem people, and especially kids, face today has less to do with drugs and more to do with a lack of ethical teaching. 

It inspired him to write and compose his own musical called "Americans All," a 50-minute show that comprises music, dialogue and poetry to leave high school kids with a message on the importance of staying in school. 

The show has been performed by different high schools and even some juvenile halls.

Check out Gray singing some of his own tunes---