Marijuana Control, Regulation, and Education Act
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California Assembly Bill 390, known as the Marijuana Control, Regulation, and Education Act is the first bill ever introduced to legalize the sale and use of marijuana in the U.S. state of California.[1] If passed and signed into law, marijuana would be sold and taxed openly to adults age 21 and older in California. This bill has gained much media attention, state wide and nationally.[2]
Tom Ammiano, a Democrat representing California's 13th State Assembly district, introduced this piece of legislation on February 23, 2009[3], claiming the bill will "tax and regulate marijuana in a manner similar to alcohol".[4][5]
As introduced, this proposal is estimated to raise over $1 billion in annual revenue by taxing the retail production and sale of marijuana for adults 21 years of age and older. To obtain a commercial grow license one would pay an initial $5,000 fee, then a $2,500 fee each year after that. A tariff of $50 per ounce would also be placed on all sold and grown marijuana.[1][6]
Marijuana is California's number one cash crop. In California, marijuana is a $14-billion industry, putting it above vegetables ($5.7 billion) and grapes ($2.6 billion).[6]
Aaron Smith, policy director of Marijuana Policy Project California, said "It is simply nonsensical that California's largest agricultural industry is completely unregulated and untaxed". He continued, "with our state in an ongoing fiscal crisis — and no one believes the new budget is the end of California's financial woes — it's time to bring this major piece of our economy into the light of day".[7]
Ammiano also asserts "with the state in the midst of an historic economic crisis, the move towards regulating and taxing marijuana is simply common sense. This legislation would generate much needed revenue for the state, restrict access to only those over 21, end the environmental damage to our public lands from illicit crops, and improve public safety by redirecting law enforcement efforts to more serious crimes". He continued, "California has the opportunity to be the first state in the nation to enact a smart, responsible public policy for the control and regulation of marijuana".[5]
The bill also provides funds to discourage substance abuse. Portions of the tax proceeds from the sale of marijuana will support drug education and awareness.[8]
Timeline
2009
- February 23 — Read for the first time. To print.[3]
- February 24 — From printer. May be heard in committee on March 26.[3]
- March 9 — Referred to California State Assembly's Public Safety and Health Committees. Delayed until March 31[3]
- March 31 - Delayed: The bill is expected to be heard early 2010[9]
The current status of the bill can be found here. According to California's NORML, the bill has been postponed to gain more support before being heard at committee.
Proponents and opponents
Proponents
- The National Organization for the Reform of Marijuana Laws (NORML), a non-profit organization whose aim is to move public opinion sufficiently to achieve the repeal of cannabis prohibition, has posted an "action alert", entitled "Tax and Regulate Marijuana Like Alcohol". The alert asks for people to "show your support for this measure by contacting your California Assembly members and urging them to support the Marijuana Control, Regulation, and Education Act".[10]
- Orange County Superior Court Judge James Gray, a longtime proponent of legalization, estimates that legalizing marijuana and thus ceasing to arrest, prosecute and imprison nonviolent offenders could save the state $1 billion a year. "We couldn't make this drug any more available if we tried," he says. "Not only do we have those problems, along with glamorizing it by making it illegal, but we also have the crime and corruption that go along with it." He adds, "Unfortunately, every society in the history of mankind has had some form of mind-altering, sometimes addictive substances to use, to misuse, abuse or get addicted to. Get used to it. They're here to stay. So let's try to reduce those harms, and right now we couldn't do it worse if we tried."[11]
Opponents
- "The last thing we need is yet another mind-altering substance to be legalized," says John Lovell, lobbyist for the California Peace Officers' Association. [11]
Opinion polls
- As part of a news cast on this bill, an informal, Web-based opinion poll hosted by KCRA-TV asked 8,524 people: "Should marijuana be legalized and taxed for anyone over 21 in California?" 81%, or 6,887 people, said "YES", while 19%, or 1,637 people, said "NO".[12]
- As part of a news cast on this bill, a Feb 24th 2009 CNN Poll found 95% want marijuana legalized and taxed in the State of California.[13][14][15]
See also
- Drug policy of California
- Legality of cannabis
- Decriminalization of non-medical cannabis in the United States
- Places that have decriminalized non-medical cannabis in the United States
- Gonzales v. Raich
- California Proposition 215 (1996)
- California Proposition 36 (2000)
- California Proposition 5 (2008)
- Controlled Substances Act
- National Organization for the Reform of Marijuana Laws
References
- ^ a b Belville, Russ (2009-02-23). "Support California Assembly Bill 390 (the Marijuana Control, Regulation, and Education Act)". National Organization for the Reform of Marijuana Laws. Retrieved 2009-03-08.
- ^ [Public more sophisticated than politicians on marijuana legalization http://www.examiner.com/x-536-Civil-Liberties-Examiner~y2009m3d21-Public-more-sophisticated-than-politicians-on-marijuana-legalization] - California Assemblyman Tom Ammiano grabbed headlines with a legislative proposal that would legalize marijuana
- ^ a b c d "Complete Bill History". Official California Legislative Information. Retrieved 2009-03-09.
- ^ "Bill Number: AB 390". Official California Legislative Information. Retrieved 2009-03-10.
- ^ a b Kamp, Jurriaan (2009-02-27). "Is government finally wising up to legalizing marijuana?". Ode. Retrieved 2009-03-08.
- ^ a b Pierce, Tony (2009-02-24). "Could Measure AB 390 put a 360 on California's budget woes?". Los Angeles Times. Tribune Company. Retrieved 2009-03-06.
- ^ Mirken, Bruce (2009-02-25). "Will Legalizing Pot Save California from its Cash Crunch?". AlterNet. Retrieved 2009-03-09.
- ^ California Assembly Bill 390 - SECTION 1 (d), lines 13-15: "To raise funds and to discourage substance abuse by the imposition of a substantial fee on the legal sale of marijuana, the proceeds of which will support drug education and awareness."
- ^ "AB390 Hearing Postponed". California NORML. Retrieved 2009-04-04.
- ^ "Tax and Regulate Marijuana Like Alcohol". National Organization for the Reform of Marijuana Laws. Retrieved 2009-03-09.
- ^ a b Can Marijuana Help Rescue California's Economy?
- ^ "Survey". KCRA-TV. Retrieved 2009-03-05. Note: User must click on "Results".
- ^ A video of the actual new cast - 95% want marijuana legalized and taxed
- ^ 95% Want Marijuana Legalized! CNN Poll
- ^ CNN Poll Says 95% of Americans Want Marijuana Legalized!