(California) Bill to Legalize, Regulate Marijuana Reintroduced Into State Assembly

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Bill to legalize, regulate marijuana reintroduced into state Assembly
The Times-Standard
By Allison White
February, 22 2010


The Marijuana Control, Regulation and Education Act was reintroduced into the California Assembly on Thursday after its first iteration expired last month.

The bill, also known as AB 2254, covers many aspects of regulation, but some of its main goals are to legalize and regulate marijuana for adults 21 and older in a manner similar to alcohol and to “deprive the criminal market of revenue,” according to the bill's language. It is also hoped that the bill will decrease the violence associated with the criminal market. Fees added to the sale of marijuana would pay for drug education, awareness and rehabilitation.

Assemblyman Tom Ammiano reintroduced the bill last week after his previous bill, AB 390, was passed by the Assembly Public Safety Committee but was not discussed by the Legislature before the consideration deadline.

”It is time to acknowledge that the existing model of prohibition has failed, and that California is long overdue for a public policy for the control and regulation of marijuana that reflects the reality of what is happening in our state,” Ammiano said in a statement regarding AB 390.

Medical marijuana would be excluded from these regulations, according to the bill. The bill would prohibit smoking marijuana in the same places tobacco is currently prohibited.

Some local residents were excited about the bill's possibilities. Humboldt State University senior Colby Grand said that people are going to use the drug regardless of whether it's legal, so decriminalizing it makes sense. The county and state would save money, not only by taxing the drug, but by not making “needless arrests” because of it, he said.

”I think it'd be pretty amazing if we were to legitimize that industry,” Grand said.

In the bill's current language, it would remove all existing civil and criminal penalties for persons at least 21 years of age who were arrested for marijuana-related crimes, except for those laws “proscribing dangerous activities while under the influence of marijuana” or activities that expose minors to the drug.

Brian Wilkins, who recently moved to Humboldt County from Fallon, Nev., said passing a bill such as this would be “the smart thing to do,” as the government would likely make a profit from taxing it.

The proposed fee would be $50 per ounce of marijuana sold in the state, unless a different fee is determined, according to the bill. The funds would go to the Drug Abuse Prevention Supplemental Funding Account created by the bill to fund drug education, awareness and rehabilitation programs. It is unclear if another tax will be added to the drug if the bill is passed.

Terrianne Simkhovitch of Arcata said she was “100 percent behind” the bill if it successfully legalized marijuana.

”There could be a hemp industry here and it could revitalize Del Norte and Humboldt counties,” she said.

Some residents were interested in legalization but not taxation, but some were indifferent. Eureka resident George Walter said people will want whatever they want, and taxation might be inevitable if it is legalized.

”The gears got to keep turning, and money makes it happen,” he said.

Allison White can be reached at 441-0506 or [email protected].

Link: http://www.times-standard.com/ci_14447365?source=most_viewed
 
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I doubt it will make it through the polls, but this is only it's 2nd year. It's obviously only a matter of time now. I'd like to see Las Vegas put their similar bill back up, but I don't honestly see how theirs could work since they can't superceed state power. The states have A LOT more power vs. the feds compaired to cities vs. states.

I will actually vote this year and help support this. I haven't voted for anything, not even Obama, in the last 2 years.
 
There is a lot of pessimism around the passage of this bill:p. Even amongst the legalization groups. To me, all that is just defeatist attitude that is pounded in to our heads after decades of stagnation. I mean, if MJ is going to get legal, when else then now. We have:

A) Terrible Recession
B) Terrible Prison Overcrowding and Conditions (lets not forget a federal controller appropriated several billion dollars from the state budget to make prison medical services to some constitutional standard)
C) Terrible gang problems that are in part fueled by MJ drug sales
D) Terribly bloated police apparatus
E) a MMJ system that fails patients by taxing MEDICAL sales and failing to provide quality control due to high volume (no doubt driven by diversion)
F) A lame duck governor who while refusing to sign a hemp and MMJ employee protection act before, now he is lame ducked and he used to be a huge pothead with tommy chong... commmmmmooooooon, plus even if he didnt sign it, It would be historic if the legislature passed it
I could go on..

Not to mention, the billion or so projected to be generated by the LAO I think is a huge underestimate. All the businesses that will develop around legal MJ (namely tourism, similar to Cali's wine tourism industry, hotels/cafes/gas stations/restaurants, also think of things like santa cruz's party train only for officially for weed too.)

From my understanding, the polling is about 50% on support, +/- some percentage. When the facts come down to it, I think more people will support it. If the legislature will listen is another story. Interestingly, since this isn't a voter proposition, public opinion isn't that important, what is more important is which side is more vocal. I can assure you, the lame ass MJ legalization groups out there today already have written off this bill. Its up to independently motivated citizenry to organize and make their voices heard. Legislatures do listen when a couple dozen, or better a couple hundred, constituents call in.

The next committee it must pass is the Health committee. It has quite a few members and a little bit of organizing can go a long way. Chances are if you live in California, your legislator is on the Heath Committee or other people you know who live in California are represented by someone who is. Damn what anyone else says, if we want marijuana to be legal, we got to go out there and grab it!

Edit: Oh BTW, Ammiano chairs the Health committee!
 
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Well its an excise tax, so while it hads a tax on to each ounce, your brother oaght to still be able to make more money:

A) economies of scale, more production means less overhead per lb of marijuana generated
B) Protection from popo and rippers from stealing the crop, surely a much greater than $50 per ounce liability
C) more efficient distribution networks (no longer have to pay a guy $50-$100 per lb to drive product a couple of hours
D) ability to advertise products, particularly from different producers (more of a wine model than tobacco model)
E) No longer the need to launder your profits (although you have to pay income tax)
F) Not going to prison! -saving you the opportunity cost of a lifetime lol

Lets say, it's (relatively) easy to make money now but when it is legal, if you got a good business head there will be a lot more money to be made and a lot more safely.
 
Fuck taxes. Grow your own or buy it from a friend who does. The government steals too much money from people as it is.

"The single most important quality needed to resist evil is moral autonomy. Moral autonomy is possible only through reflection, self-determination and the courage not to cooperate."
- Immanuel Kant (1724-1804) German philosopher
 
It is important to keep in mind you can still grow your own tax free. This excise tax is simply for commercial production. So it would be just like now where you can homebrew alcohol or grow tobacco at home and tax free.

And whilst I agree taxes are fucked (or at least wasted), I feel pragmatically trapped to endorse the taxes on this one. If we don't institute a monetary tax, we will simply continue the human tax as we arrest people to fuel the prison-industrial complex.
 
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Fuck taxes. Grow your own or buy it from a friend who does. The government steals too much money from people as it is.

"The single most important quality needed to resist evil is moral autonomy. Moral autonomy is possible only through reflection, self-determination and the courage not to cooperate."
- Immanuel Kant (1724-1804) German philosopher


decriminalization > legalization for this very reason. the notion of being taxed for something that grows freely from the ground is virtually on par with the notion of being taxed for the air you breathe. mind you, being taxed for the fruits of our labours is just about as outrageous.
 
Bring imprisoned for the fruits of your labor makes even less sense. In CA, possession of under 1 ounce is decriminalized, growing and distribution is still a felony crime.

In terms of MMJ, that is fully legal, not decriminalized. Mind you dispensaries are suppose to charge sales tax, a tax that you as the consumer directly pay.
 
I completely agree in theory that taxing weed is bogus. That being said, if that's what it takes to get MJ legalized, fuck it. Let them tax people that want to go to a public establishment and buy/smoke their stuff. I'll grow the shit at home and stay free of government control.
 
well then the price per ounce better fucking come down at least 50 dollars.

My theory is that low and mid range stuff will go down in price significantly. High quality, however, will remain high in price or even go higher. Think about wine. There is tons of cheap wine that gets the job done. Then of course there is the $50+ per bottle stuff (which is delicious but not really necessary).

Lots of care goes in to high quality cannabis, whereas lower quality can be produced easily and cheaply.
 
I doubt it will make it through the polls, but this is only it's 2nd year. It's obviously only a matter of time now. I'd like to see Las Vegas put their similar bill back up, but I don't honestly see how theirs could work since they can't superceed state power. The states have A LOT more power vs. the feds compaired to cities vs. states.

I will actually vote this year and help support this. I haven't voted for anything, not even Obama, in the last 2 years.

This is different than the ballot initiative.

You can follow the history of this Assembly Bill here:
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2251-2300/ab_2254_bill_20100219_history.html
 
The states have A LOT more power vs. the feds compaired to cities vs. states.

I think it is worthy to mention here that adult, recreational use and distribution is LEGAL in Oakland, CA. The residents of the City of Oakland passed Measure Z, making adult recreational use legal. There are a number of coffee shops in Oakland where you can go in and just buy weed and/or coffee (or some other fruity-type drink typically sold in coffee shops). Although I think a lot of them have turned private (members only since they would otherwise be too popular), I've bought from one of these stores. The feeling of freedom and rightness was almost overwhelming. The weed wasn't anything special, the fact I just had to show my CA ID to buy MJ... priceless.
 
Doesn't appear to be legal yet my friend.

On November 2, 2004, the Oakland electorate passed ballot Measure Z, a voter initiative entitled “Oakland Cannabis Regulation and Revenue Ordinance”. The ordinance requires the City of Oakland (1) Make investigation, citation and arrest for private adult cannabis (marijuana) offenses the City’s lowest law enforcement priority; (2) Advocate through its lobbyist and City officers for changes in state and other laws to (a) allow and authorize taxation and regulation of cannabis (marijuana) for adults and eliminate criminal penalties for private, adult cannabis use, (b) grant local control to cities and counties to license and regulate cannabis businesses and collect appropriate fees and taxes, and (c) end the prosecution arrest, investigation and imprisonment for adult private cannabis offenses; (3) Establish a system to license, tax and regulate cannabis (marijuana) sales if California law is amended to allow and authorize such actions; and (4) Create a committee to oversee the ordinance’s implementation and disbursement of revenue from licensing and taxation of businesses that sell cannabis.

They just made it LEO's "lowest priority" and the city is to establish the regulatory system only once the CA law is passed.
 
hum interesting. I am mistaken. It is nice to see a police force that actually honors the lowest enforcement priority. There certainly are numerous well know storefronts in Oakland where one can purchase mj simply as an adult. I suppose it is more of a tolerated model like in Holland.

In some cities (or at least one that I know of) where there is a lowest police priority measure, the measure was written too weakly (a decision by the ballot funders to ensure passability) so arrests have not gone down. There are certainly no recreational mj storefronts in Santa Cruz or Santa Barbara.
 
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