There, if youve been watching television you cant help but see the ads. The real story behind doctors drug testing and raising the limits on malpractice. Well talk about the hottest contested ballot race in the state. We had somebody very much for the proposition. This week, live in studio, somebody against it. Should marijuana still be classified like heroin and cocaine. A federal judge in a hearing tomorrow is going to weigh that choice. That is an unprecedented federal hearing coming up tomorrow. Lots coming up. Lets look at your Weather Forecast before we get to your headlines this morning. Pretty nice day out there. A live look from the roof cam at the bay bridge. Clouds in the sky. A little bit of fog but not much. Temperatures in the 50s around much of the bay area. The cool spots, santa rosa, 47 degrees. Partly cloudy, cool start. Sunshine for most. Mild temperatures, no rain today. And warmer days ahead. Well take a closer look at your sevenday forecast coming up in a few minutes. The giants have evened up the world series at two games a piece after a come from behind victory at at t park last night. The Kansas City Royals when the giants hit a sacrifice fly scoring hunter pen. Then in the 6th. They hit a single with the bases loaded giving the giants the 64 lead. They went on to win by a score of 114. The giants played game five. We knew how important this game was for us. We have one more here. Somewhere inside of me, secretly, i hoped it would go seven games for the excitement and thrill of it. You know . Sure looks that way. Dui wish it goes seven . Well, you know, if i had my choice, but the way these two teams go at it it wouldnt surprise me. They play game five tonight with Madison Baum Gardner pitching against james shields. They return to kansas city for game six and game seven if that is necessary. It was great while it lasted but now if is time to pony up for parking at least bay b. A. R. T. Stations. The downtown concord, North Concord martinez, open coliseum and hayward station all will begin charging a dollar a day fee to park. Paid parking begins monday at the downtown concord b. A. R. T. Station. Other stations will follow at a future date. Get it while it is isis cold. Folks will see lemonade stands on many street corners today. Kids are selling lemonade from 0. 50 to a dollar to benefit tipping points. A local nonprofit to fight poverty in the bay area. Here is a look at the nfl schedule today on cbs. At 10 a. M. The Seattle Seahawks visit the carolina panthers. At 1 25, the raiders are on the road against the cleveland browns. That is a look at your top stories for today. Back to you and phil. Prop 47, they say it will save money for the state and make it safer in the end. Others say it will let the criminals off of the sglook it is about reducing criminal sentences, nonviolent felonies like property crimes into misdemeanors which carry less penalties. With prisoner over crowding it could save the state and individual counties hundreds of thousands of dollars and it will go toward Mental Health and drug treatment and schools and crime victims. Here are the specifics. Prop 47 would require a misdemeanor sentence instead of a felony for certain drug possessions. The theme for crime 950 or less. Crimes like petty theft, receiving stolen property and writing bad checks, but felony charges would be allowed for those offenses if the person has a previous conviction for a Violent Crime like rape or murder or if the person is a registered sex offender. But people previously convicted of other serious crimes like robbery or kidnapping would still get the benefits of the new rules on any later lower level crimes. I spoke with the san mateo District Attorney by this by phone. He is very much against this proposition as are many District Attorneys in the state. Well hear from him coming up in the next half. Theyre using scare tactics but here is a quote from the state voters guide. Prop 47 focuses Law Enforcement dollars on serious crime while providing new ed dhags will make us all safer. Well hear the other side of the story coming up at around 8 00. It is a hotly contested measure on the ballot. Everybody wants to save money, but of course there is always a concern when youre thinking about letting people out of prison. There is also a question about reoffender faez theyre low level criminals. This is the on going debate weve had in california ever since three strikes where weve passed that land mark legislation, three strikes youre in. Were modifying that saying questions on whether we should modify that given the costs in incarceration. This will be an on going debate no matter what happens. In less than two weeks well know who was elected california governor. You will be safe to bet on jerry brown. He is barely playing the game. Check out his election season ads. Save water, save money, vote yes on 1 and 2. Theyre not even about the gubernatorial campaign. Theyre about proposition one which is a 7 billion water bond and proposition two. A Rainy Day Fund that brown wants voters to approve. It doesnt even say vote for brown. You dont see vote for brown stickers around the state. We asked the Brown Campaign people who put the ads together what is the deal with this . You know he is a smart guy. He has been around a long time. He will talk about his priorities and instead of running for reelection, making a bunch of promises about what is going do. He is campaigning to actually do something for the state. What he is not talking about is the bullet train that everybody else is talking about. He is not talking about us being number one in profit in the country and hes not talking about the abysmal Education System for california students. Browns republican arrival neal cash car is talking about some of the issues like in this ad that says California Kids are drowning in a bad Education System. It is not a conversation because Governor Brown isnt responding. He is pret pretty much ignoring him. He is trying to set the agenda for the race. He wants it to be about as steady as it goes philosophy in policy. Rainy day fund, get the water going. Not the tunnels of water. Hes not talking about, for example, Prison Reform or changing the criminal code. I think that comes after the election. Meanwhile, in another hot race, the challenger is gaining ground. Were talking about the bay area congressional race where two democrats are running against each other to represent Silicon Valley in the house of represents. Congress man mike conneda came out of the primary with a 20 point lead. But the latest survey says it is down to just 2 . That is a statist call dead heat with roe conna. A poll of likely voters gives him 33 to 35 with one out of four voters undecided. He is thrilled to be closing the gap. Message of change is resonating. People are tired of the old ways of doing things in washington. They want someone who is going to get things done who will work across the aisle. Certainly it is indicating that the race is tightens. Im progressive and understand Social Security and understand the need for increased minimum sglaj he never faced a tougher opponent in his seven years in congress. Special interest money is making a difference and criticizes some of his big money donors. He is the one with all of the money left. Well see more ads over the next week. This is an interesting race for a couple of reasons. It is democrat versus democrat which shows the new open primary changes that were instituted under governor arnold skwarz nager which schwarzenegger. And the second part is this is a show of a newly drawn congressional line. This used to be a safe district for representative. Now he is facing new voters thand is why you see a shift in the polls. There are people that there that dont know him. We know the culture of the area theyve been changing over the last decade. It will be interesting tog see if voters go to see if voters go with the new thought pattern or with what theyve been dealing with. Meanwhile, we have another game going on of a completely different insure. As the world watches the giants play at at t park today, there is another group of beam their eyes on what is around the ball park. That is the subject of your column today in the San Francisco chronic call. Were talking about the giants planned in the coming years to develop the area around their home here on the water front. It is some of the cst real estate. They want to turn into an multi Million Dollar combination of housing, retail and office space. A whole new neighborhood going in on the south side. So this is something. Actually, on the other side of the bay that is the coliseum. But to finish off your thought on that, though, this is something voters would eventually have to vote on. Exactly. That is why the giants are keeping their eyes on the up coming election. There is another development. Walt on the water front groups are back and forth on this. How tall should buildings about on the water front. It will be interesting for the giants after the world series. To the other side of the bay, weve been talking so much about oaklands professional sports team. Will they stay in town or will they not . A major investor is joining the team behind oaklands massive coliseum city project. The city has been trying for years to get a deal voting on the multiple billion dollar sports complex. A san diego based investor floyd k epart. Is in talks. This is a very complex opportunity and to fulfill that opportunity will take some financial structuring and multiple sources of financing in addition to what were bringing to the table. I remember one part where they say your teams have gone there, you might as well give it up. Where we are today is after a lot of work, you never give up on oakland, never count oakland out the coliseum is hitting the contract which is wa set to expire last year. Now that the group is on board, they voted to extend it by another 90 days. He is from san diego. What does he want from this property. He wants to put together a deal. I was at the press conference and two groups that werent there, we didnt see anybody from the raiders or the as. So were waiting to see if they will sign onto the deal which is two pretty big important players. The debate about marijuana heats up tomorrow. Well see how the outcome could affect people suffering from cancer and other illnesses. And 10s of millions of dollars are spent on the local elections but not by you and me. Well see who is paying the big bucks and how it could affect our local communities. , now, more and more americans are discovering that shredding galbani mozzarella yourself inspires moments that are simply better. Mmm, galbani sfx kiss . Italys favorite cheese brand. Mblankie that gets filthy but hes got such sensitive skin that you worry about what you use in the laundry so i use new tide pods free gentle to get a deep clean thats gentle on skin. Ohhh new tide pods free gentle you use tide pods . Yeh. That little guy cleans, brightens and fight stains so now i can focus on more pressing matters woo your sweet peppers arent next to your hot peppers. Gasp tide pods three times the stain removal power available at target okay, ill send it. One hundred seventytwo dollars for a chemistry book. Just use citi popmoney. Boom. With citi popmoney its easy to send money to just about anyone, anytime. Visit your local branch or citi. Com easierbanking to learn more. Get at home. Specifically. Marijuana. Parents come to california from all around the country to give their sick kids what they cant get at home. Were talking about marijuana. The kids with serious conditions like epilepsy and brain tumors, the drops contain mostly cdb, an agent that doesnt get you stoned, but some have thc which does. Parents say that can be better than farm suit calls. Pharmaceuticals. My son is on a drug. Bad side effects make him want to commit suicide. Hes asked me several times to kill him. With thc, he asked me for a bag of cheatos. It may be illegal for people who dont live in california to obtain a medical marijuana card here. They do do whatever it takes to help their kids survive. Joining us now for what could be a very interesting take on this as we go on is professor avi ram and were talking about a hearing this week in front of a federal judge to possibly reclassify marijuana. Now, for a lot of us out there, we wonder how drugs are classified and changing those classifications, tell us about marijuana. How did it wind up being a schedule one drug which makes it so severely classified the way we regulate, they divide it into classifications based on two issues. The medical benefits of the drug and the other hand the harm that might ensue. Back in 1970, president nixon decided to schedule marijuana as a schedule one drug. This is in the authority of the department of justice which is largely being delegated to the dea. At the time, however, there were medical experts who say it does have medical benefits. That was ignored by the president , right . There were. You have to keep in mind that the Nixon Campaign was largely based on a war of crime and drugs and this is essentially why people voted for him to get elected. It was more a political decision than a medical one. Since then, congress has been debating this or talking about this, not really openly. They dont seem to want to touch it either. It is up to congress and the feds to decide what to do with this. This is a hearing to move it into the judicial and have a judge decide. That is pretty big, isnt it. It is hunl. It is unprecedent huge. It is unprecedented. The authority to unschedule a drug or move it between schedules is a federal decision schlt a decision in the hands of the department of justice so it is fairly unprecedented to have the judicial authorities intervene. What happens when you start having judges decide medical issues . Of course, come to think of it, what is the president doing deciding these things. Why dont we have a medical group to make the calls. It is supposed to be based on medical reports. The problem is when a drug is a schedule one drug it is not authorized to even do large scale councilman call experiments. Clinical experiments. It forbids the ability to to move from schedule to schedule sgll ha is a that is a catch 22 situation. It is. How do we get to the point where somebody can challenge it. Sometimes in a particular case, a judge can do a little bit, can be more flexible than a big, heavy, federal agency, cam. This is coming up in the context of an individual case of some particular person who is challenging this of a general issue. Once we get it into the courts, that can have very large ramifications across the country. We have different stateses with laws concerning marijuana. We have state laws here in california that recognize it but the federal, the feds dont. So youre legal in half but illegal in the other. Can this ruling be the first step of a universal decision. This is coming at an interesting political moment, if were waging a war on drugs for the last 30 years. Were in a drug truce. The feds have been scaling back the war on drugs systematically over the last few years, scaling back the punishment for crack cocaine. Scaling back mandatory minimums for drug offenses. There are people there that are watching what is happening in the states very, very closely. I dont know if theyre ready for a change of this magnitude but they might certainly be more ready to consider it than any other administration in the last 40 years. And this could be the first step, could this eventually make its way to the Supreme Court or Something Like that. This is not the first step when you think about the fact that many of these battles have happened in the states. Weve seen legalization over Recreational Marijuana in washington and colorado. Weve seen an expansion of medical protocols in various states and all of those things are drops in the bucket. I dont know to what extent a judicial decision here will lead to a declassification to a federal agency but it is something that the Obama Administration is watching closely. Considering theyre seesaw on this issue, i bet they are. Thank you for joining us. This will be an interesting case. Im sure well read more about it. Now well go and mark, you have weather for us. Lets look at the sunday morning forecast for today. Here is a live shot of san jose this morning where it is partly cloudy start. A little chillier. Upper 40s, mid50s. Partly cloudy and cool start this morning. That will give way to a mild afternoon, sunshine for most of the bay area, and then a warming and drying trend early on as we head into the work week. Lets fly around the bay and look at some of our temperatures. First to the south bay, well have 72 in campbell today. 70 in mountain view. 70 also in santa clara. 71 in san jose. In the east bay, our highest temperatures will be brent wood at 73, antioch will tie them as well. 7in walnut creek. 72 in fairfield. As we head into San Francisco p, 68 degrees today. The same, san rafael will be warmer at 70. As we nineteenth work week, well see a warming trend. That will start tomorrow. The warming chend will peak midweek through wednesday. The second half of the week, well see clouds roll in with a chance of showers friday which of course all of the kids know, that is halloween and saturday, also, we could see rain. We have an inside look at why some companies are shelling out big bucks in our local election. Political insiders claim how this could affect us for the next decade. Well be right back. ,,,,,,, cant say thank you enough. ,,,,,,, you have made my life special by being apart of it. everyone cheers glad you made it buddy. Thanks for inviting me. Thanks again my friends. For everything, for all your help. Through all lifes milestones, our trusted advisors are with you every step of the way. Congratulations thanks for helping me plan for my retirement. You should Come Celebrate with us. Id be honored. Plan for your goals with advisors you know and trust. So you can celebrate today and feel confident about tomorrow. It s all part of the megamillion. Brace yourself, those mail or tv radio ads all saying yes and no. Different ones every day. It is part of the mega