California Marijuana Legalization Initiative (2010)
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A California Marijuana Legalization Initiative may be on the 2010 ballot in California.
Three different groups submitted language to the California Attorney General for ballot titles for marijuana legalization ballot initiatives.[1]
In each case, supporters of legalization are focusing on the benefits they say would flow to the state from taxing marijuana; when marijuana is illegal, it is not taxed. If it was legal, the government would be able to collect the state's sales tax on it. This would add money to California's coffers during a time that the budget is out-of-balance.[2]
The domestically grown marijuana crop in California is worth an estimated $14 billion a year, making it an attractive target for taxation in a state with an unstable economy and budget deficit in the tens of billions.[3] According to the state's Board of Equalization study, the state might generate $1.3 billion in taxes if marijuana is legal and taxed.[4]
In 2008, the state of California made about 78,500 arrests on felony and misdemeanor charges related to marijuana.[5]
Three different initiatives
Three different groups have filed proposed initiatives with the California Secretary of State for ballot measures that would legalize and impose a tax on marijuna.
- Joe Rogoway, Omar Figueroa and James J. Clark filed the language for 09-0022 on July 15, 2009. They refer to their measure as The Tax, Regulate, and Control Cannabis Act of 2010.
- Richard Lee and Jeffrey Wayne Jones filed the language for 09-0024 on July 27, 2009. They refer to their measure as the Regulate, Control and Tax Cannabis Act of 2010. This measure is said to be the one with the highest chance of collecting enough signatures to qualify for the 2010 ballot.[5]
- John Donohue of "Californians for Common Sense" filed the language for 09-0025 on August 4, 2009. He refers to his measure as the Common Sense Act of 2010.[6]
Impact if successful
According to Marcus Wohlsen of the Associated Press, "...full legalization could turn medical marijuana dispensaries into all-purpose pot stores, and the open sale of joints could become commonplace on mom-and-pop liquor store counters in liberal locales like Oakland and Santa Cruz."[7]
Supporters
Tax Cannabis 2010 is the official advocacy group for the 09-0024 marijuana legalization initiative. Richard Lee, the executive director of Oaksterdam University helped start Tax Cannabis 2010. Oaksterdam University is "a major medical marijuana dispensary and advocacy group" based in Oakland.[2][8]
"Control Marijuana", sponsored by the Marijuana Policy Project, also supports legalizing and taxing marijuana.[9]
State Assemblyman Tom Ammiano introduced a bill in the 2009 session of the California State Assembly to legalize, tax and regulate marijuana.
Ad problems
Tax and regulate marijuana ad |
In July 2009, three television stations in San Francisco and Los Angeles declined to run an ad promoting the legalization and taxation of marijuana.[9]
Arguments in favor
One of the major arguments proponents of the legalize-and-tax measure are making is that it would increase tax revenues in a state they believe needs new sources of revenue.
The California Legislative Analyst's Office estimates that if the initiative succeeds, the new tax could generate around $1.4 billion a year.[10]
Pot activists disagree
Best timing of initiative
Dale Gieringer, director of the California chapter of the National Organization for the Reform of Marijuana Laws, does not support an initiative campaign in 2010. He says, "I do think it will take a few more years for us to develop a proposal that voters will be comfortable with."[11]
Richard Lee who along with pot-legalization activist Jeff Jones is collecting signatures for a 2010 measure, says that 2010 is the right time to go ahead. Referring to the state's budget crisis and need for more tax revenue, Lee says, "We're the answer for all of the things on the news."[11] Don Perata has endorsed Lee's efforts.
Aaron Smith, California policy director of the Marijuana Policy Project, also supports a 2012 strategy. He says that in 2012, "You have the younger, more progressive voters that get out in the presidential elections."[11]
Firing of Dennis Peron
Dennis Peron, the co-author of California Proposition 215 (1996), spoke out against the taxation of marijuana in August 2009. Peron, who has been described as the "father of the medical marijuana movement", was then fired by Oaksterdam University, a leading proponent of ballot initiatives to legalize-and-tax marijuana.[12] In response, Peron has begun a weekly picket at the Coffeeshop Blue Sky medical marijuana dispensary, owned by Richard Lee. The picket takes place on Friday evenings.[13]
Journalists who report on the marijuana industry refer to this and associated events as "War breaks out within the marijuana legalization movement."[14]
Jack Herer co-authored Proposition 215 with Peron. Herer also opposes the taxation of marijuana. He gave a speech at Oregon's HempStalk Festival on September 12th, 2009 during which he decried what he calls "cannabusiness", indicating his opposition to the taxation of marijuana:
- "I don't want to f**king give the United States government one f**king dollar of taxes. I think that they should go to f**king jail for getting you and me and 20 million people getting arrested for pot. It is the safest thing you can do in the universe. And that is what we are going to do in California."
Federal laws?
Marijuana is illegal under federal laws. If marijuana becomes legal in California under state law, it will still be federally illegal. The U.S. Supreme has previously ruled that federal agents can arrest medical marijuana users and growers even though Proposition 215 makes that behavior legal in California.
Legal scholars, considering what might happen if marijuana is fully legalized in California, have said:
- The federal government would not be able to require California law enforcement agencies to help them enforce the federal law.
- Federal law enforcement officers can continue to arrest and prosecute the use, sale or possession of marijuana in California.
- As a matter of practice, most marijuana arrests are made by state law enforcement officers. In 2008, there were 847,000 marijuana-related arrests throughout the country. About 6,300 of these arrests were performed by federal agents. That's less than 1% of all marijuana arrests.[7]
- On the other hand, "Any business that grew bigger than the already typical storefront shops, however, would probably be too tempting a target for federal prosecution."[7]
Opposition
While no formal opposition is likely to emerge unless and until one of the marijuana initiatives collects enough signatures to qualify for the ballot, speculation has started about who might oppose it. Groups mentioned who might oppose it include:
- The "law enforcement establishment."[15]
- The health professions.
- The question has been asked, "And how would the beer, wine and liquor industries respond to the prospect of potential legal competition? Presumably, they would fight it, but how would they try to camouflage their involvement in an attempt to avoid a public debate about the relative social evils of alcohol vs. marijuana?"[15]
John Lovell, a lobbyist who works with groups of California law enforcement officials who oppose marijuana legalization, say the groups he works with expect one of the legalization measures to qualify for the ballot.
Polling information
The Field Poll released survey results in April 2009 which indicate that 56% of Californians support legalizing marijuana.[16][17]
Path to the ballot
- See also: California signature requirements
Supporters of the Tax Cannabis 2010 campaign launched their signature-collection campaign in September in San Francisco at the annual gathering of the National Organization for the Reform of Marijuana Laws.[18]
External links
- Letter to Attorney General requesting ballot title for 09-0022
- Letter to Attorney General requesting ballot title for 09-0024
- Letter to Attorney General requesting ballot title for 09-0025
- Tax Cannabis 2010, official website of initiative proponents
- Control Marijuana
- Jack Herer's website
- California Cannabis Initiative
- Grass Tax
References
- ↑ Stop the Drug War, "California Marijuana Legalization Initiative Effort Underway, Aimed at 2010 Ballot", June 19, 2009
- ↑ 2.0 2.1 San Francisco Chronicle, "Backers of legal pot eye ballot", June 11, 2009
- ↑ Time Magazine, "Is Marijuana the Answer to California's Budget Woes?", July 24, 2009
- ↑ Contra Costa Times, "Golden State's green future", October 31, 2009
- ↑ 5.0 5.1 New York Times, "Push to Legalize Marijuana Gains Ground in California", October 27, 2009
- ↑ Santa Cruz Drug Policy Examiner, "California has three initiatives filed to legalize marijuana", August 10, 2009
- ↑ 7.0 7.1 7.2 Associated Press, "Pot legalization gains momentum in California", October 7, 2009
- ↑ Los Angeles Times, "Activists planning pot legalization ballot measure for 2010", July 29, 2009
- ↑ 9.0 9.1 Huffington Post, "California Stations Reject Ad Calling For Pot Legalization", July 8, 2009
- ↑ Ventura County Star, "Editorial: Anything for a fix?", July 17, 2009
- ↑ 11.0 11.1 11.2 Wall Street Journal, "Legal-Pot Backers Split on Timing", October 3, 2009
- ↑ Santa Cruz Examiner, "Dennis Peron sacked by Oaksterdamn U for opposing marijuana tax", September 16, 2009
- ↑ Santa Cruz Drug Policy Examiner, "Proposition 215 author announces boycott of Blue Sky medical marijuana dispensary", October 15, 2009
- ↑ Drug Policy Examiner, "War breaks out within the marijuana legalization movement (part 1)", September 26, 2009
- ↑ 15.0 15.1 Ventura County Star, "Herdt: Measure that could stir the political pot", October 7, 2009
- ↑ The Atlantic, "Reformers: No Marijuana Legalization In California This Year...Ballot Measure In 2010?", July 17, 2009
- ↑ The Field Poll Release #2306, April 30, 2009
- ↑ Associated Press, "Backers begin push to get pot measure on ballot"
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