California Proposition 19, the Marijuana Legalization Initiative (2010)

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Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010, is a California ballot proposition which is on the November 2, 2010 California statewide ballot as an initiated state statute.

Proposition 19, if approved by voters, will legalize various marijuana-related activities, allow local governments to regulate these activities, permit local governments (but not the state government) to impose and collect marijuana-related fees and taxes, and authorize various criminal and civil penalties.[1] Proposition 19 was certified for the November statewide ballot on March 24, 2010.[2] The official proponents of the measure are Richard Lee and Jeffrey Wayne Jones. Tax Cannabis 2010 is the official advocacy group for the initiative.

Medical marijuana is already legal in California, due to the enactment of Proposition 215 in 1996. California's voters rejected a previous ballot initiative to legalize marijuana in 1972, when 1972's Proposition 19 was rejected by a margin of 66-33%.

Text and title

See also: Complete text of The Regulate, Control and Tax Cannabis Act of 2010 (California) and Ballot titles, summaries and fiscal statements for California's 2010 ballot propositions

Ballot title:

Legalizes Marijuana Under California but not Federal Law.
Permits Local Governments to Regulate and Tax Commercial Production, Distribution, and Sale of Marijuana.
Initiative Statute.

Official summary:

Allows people 21 years old or older to possess, cultivate, or transport marijuana for personal use. Permits local governments to regulate and tax commercial production and sale of marijuana to people 21 years old or older. Prohibits people from possessing marijuana on school grounds, using it in public, smoking it while minors are present, or providing it to anyone under 21 years old. Maintains current prohibitions against driving while impaired.

Summary of estimated fiscal impact:

Savings of up to several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Unknown but potentially major tax, fee, and benefit assessment revenues to state and local government related to the production and sale of marijuana products.[3]

Effects of the bill

According to the State of California analysis, the bill will have the following effects.[1]

Legalization

  • Persons over the age of 21 may possess up to one ounce of marijuana for personal consumption.
  • May use marijuana in a non-public place such as a residence or a public establishment licensed for on site marijuana consumption.
  • May grow marijuana at a private residence in a space of up to 25 square feet for personal use.

Local government regulation

  • Local government may authorize the retail sale of up to 1 ounce of marijuana per transaction, and regulate the hours and location of the business.
  • Local government may authorize larger amounts of marijuana for personal possession and cultivation, or for commercial cultivation, transportation, and sale.
  • Allows for the transportation of marijuana from a licensed premises in one city or county to a licensed premises in another city or county, without regard to local laws of intermediate localities to the contrary.

Local taxes and fees

  • Allows the collection of taxes specifically to allow local governments to raise revenue or to offset any costs associated with marijuana regulation.

Criminal and civil penalties

  • Maintains existing laws against selling drugs to a minor and driving under the influence.
  • Maintains an employer's right to address consumption of marijuana that affects an employee's job performance.
  • Maintain existing laws against interstate or international transportation of marijuana.
  • Any person who is licensed, permitted or authorized to sell marijuana, who knowingly sells or gives away marijuana to someone under the age of 21 results in them being banned from owning, operating, or being employed by a licensed marijuana establishment for one year.
  • Any person who is licensed, permitted or authorized to sell marijuana, who knowingly sells or gives away marijuana to someone older the age of 18 but younger than 21, shall be imprisoned in county jail for up to six months and fined up to $1,000 per offense.
  • Any person who is licensed, permitted or authorized to sell marijuana, who knowingly sells or gives away marijuana to someone age 14 to 17, shall be imprisoned in state prison for a period of three, four, or five years.
  • Any person who is licensed, permitted or authorized to sell marijuana, who knowingly sells or gives away marijuana to someone under the age of 14, shall be imprisoned in state prison for a period of three, five, or seven years

Fiscal impact

In the time leading to 2010, California's state government's budget deficit has grown to be the largest of all American states. The California legislature has estimated that taxing the previously untaxed domestically grown $14 billion marijuana market would produce $1.4 billion a year,[4] Taxing marijuana, supporters say, could be a smart way to help alleviate pressure on the state budget.[5]

According to the California Legislative Analyst's Office, the following fiscal impact would result from the bill.[6]

  • Result in significant savings to state and local governments, potentially up to several tens of millions of dollars annually due to reduction of individuals incarcerated, on probation or on parole.
  • Cells currently being used to house marijuana offenders could be used for other criminals, many of whom are now being released early because of a lack of jail space.
  • Reduction in state and local costs for enforcement of marijuana-related offenses and the handling of related criminal cases in the court system, providing the opportunity for funds to be used to enforce other existing criminal laws. The RAND Corporation has found that law enforcement costs for marijuana enforcement are approximately $300 million a year.
  • Potential increase in the costs of substance abuse programs due to speculated increase in usage of marijuana, possibly having the effect of reducing spending on mandatory treatment for some criminal offenders, or result in the redirection of these funds for other offenders.
  • The measure could potentially reduce both the costs and offsetting revenues of the state's medical marijuana program as adults over 21 would be less likely to participate in the existing program as obtaining marijuana would be easier, thus making use of existing medical marijuana program unnecessary.
  • There would be a reduction in fines collected under current state law but a possible increase in local civil fines authorized by existing local laws.
  • The cumulative effect on fines is largely unknown.

Supporters

  • California NAACP[7][8][9][10]
  • National Black Police Association[11]
  • Gary E. Johnson, former two term Republican Governor of the state of New Mexico[12][13]
  • Jocelyn Elders, former United States Surgeon General[14]
  • George Miller, current Democratic House Representative from California's 7th congressional district[15]
  • Barbara Lee, current Democratic House Representative from California's 9th congressional district[15]
  • Pete Stark, current Democratic House Representative from California's 13th congressional district[15]
  • John Dennis, 2010 Republican Congressional candidate for California's 8th congressional district[16]
  • Dan Hamburg, former Democratic House Representative from California's 1st congressional district[17]
  • Don Perata, former Democratic President pro tempore of the California State Senate[17]
  • Mark Leno, current Democratic member of the California State Senate[17]
  • Tom Ammiano, current Democratic member of the California State Assembly[18][19]
  • Larry Bedard, former President of the American College of Emergency Physicians[20]
  • Tom Bates, current Mayor of Berkeley, California[17]
  • James P. Gray, former Superior Court judge of Orange County, California and former Libertarian Party senate candidate[21][22]
  • John Russo, current City Attorney of Oakland, California[23]
  • Paul Gallegos, current District Attorney of Humboldt County, California[17]
  • Jeffrey Schwartz, former Senior District Attorney and Prosecutor of Humboldt County, California[17]
  • Terence Hallinan, former District Attorney of San Francisco, California[17]
  • Mike Schmier, former District Attorney of Los Angeles, California and California Administrative Law Judge[17]
  • Norm Stamper, former Seattle, Washington police chief[24]
  • Joseph McNamara, former San Jose, California police chief[17]
  • Stephen Downing, former Los Angeles, California police chief[17]
  • Ed Rosenthal, cannabis activist and columnist [25]
  • Marc Emery, cannabis activist and former cannabis seed seller[26]
  • Oakland City Council[27]
  • Berkeley City Council[17]
  • California NORML[28][29]
  • Drug Policy Alliance[30]
  • Marijuana Policy Project[31][32]
  • American Federation of Teachers[33]
  • Law Enforcement Against Prohibition[34]
  • ACLU of Northern California[17]
  • ACLU of San Diego[17]
  • The California affiliates of the American Civil Liberties Union (ACLU) endorse Proposition 19 [35]
  • United Food and Commercial Workers Union[36]
  • Communications Workers of America, Local 9415[37][38]
  • International Longshore and Warehouse Union Northern California District Council[39]
  • Aubry Stone, President of the California Black Chamber of Commerce[9]
  • Interfaith Drug Policy Initiative[17]
  • Alameda County Democratic Party[17]
  • Monterey County Democratic Party[17]
  • California Young Democrats[40]
  • Republican Liberty Caucus[17][41]
  • Green Party of California[17]
  • United States Libertarian Party[42]
  • San Francisco Democratic Party[43]
  • Culver City Democratic Club[44]

Arguments in favor

If passed by the voters on November 2, 2010, supporters argue that Proposition 19 will:

  • Create between 60,000 and 110,000 new jobs in California[29]
  • Generate between $1.2 billion and $1.4 billion in new direct tax revenue annually[29]
  • Expand California's economy by between $16 billion and $23 billion annually[29]
  • Free up law enforcement resources to focus on violent crime and property crime.[48]
  • Reduce environmental damage to California's public lands from illegal grow operations.[53]
  • Reduce prison costs and prison overcrowding[29]
  • Reduce funding to drug cartels, who currently get about 70% of their revenue from illegal cannabis sales[51][54]
  • Improve the relationship between police and the communities they serve[57]
  • Reduce alcohol's cost to society by allowing adults to choose a safer alternative[58]

Opposition

Voting on Marijuana
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Local measures
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Marijuana news

Groups who oppose Proposition 19:

  • National Black Churches Initiative, representing 35,000 African American Churches nationwide
  • Inter-Faith Based Coalition, representing 3600 inner city Churches in California[REFERENCE NEEDED]
  • Fight Crime, Invest In Kids[REFERENCE NEEDED]
  • National Association of Drug Court Professionals[REFERENCE NEEDED]
  • DARE America[REFERENCE NEEDED]
  • Coalition for a Drug-Free California[REFERENCE NEEDED]
  • California Narcotics Officers Association[REFERENCE NEEDED]
  • The California Bus Association[60]
  • Mothers Against Drunk Driving[60]
  • California Police Chiefs Association[60]
  • League of California Cities [61]

Arguments against

  • Problems exist from tobacco and alchohol being legal, why add another to the mix?[62]
  • It may make it difficult for the legislature to to further restrict in the future if problems arise similar to what they tried to do with the limits on the 1996 ballot initiative which was later declared to be an "an unconstitutional amendment of a voter-approved initiative." [63]
  • Legalization would likely bring with it additional substance abuse in the state, and the long-term public costs associated with that could vastly exceed the amount of new revenue legalized marijuana might bring in."[64]
  • It could would lead to an unintended side effect of additional regulation on how many plants a medical marijuana patient may grow and the possible pricing out of smaller distributors.[REFERENCE NEEDED]
  • Opposition to taxation of any kind on marijuana.[REFERENCE NEEDED]
  • Would lead people to consume marijuana without the advice or guidance of a medical professional.[REFERENCE NEEDED]
  • Allegations that the act does not do as the ballot title specifies and is misleading as written.[65]
  • Reports that using cannabis could increase their risk of developing a psychotic illness later in life. [5].

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.[66]

Polling information

See also: Polls, 2010 ballot measures
  • The Field Poll released survey results in April 2009 which indicated that 56% of Californians support legalizing marijuana.[67][68] In July 2010, a new Field Poll taken between June 22-July 5 showed that more voters oppose (48%) than support (44%) Proposition 19.[69]
  • A poll by EMC Research in January 2010 was said to show that so-called "soccer moms" support marijuana legalization, although exact polling information from this poll was not released to the public. EMC Research was retained to do the poll by legalization supporters. A newspaper report said that affluent suburban mothers support legalization because they believe their adult children can buy marijuana in greater safety if marijuana is legal.[70]
  • A poll by SurveyUSA of 500 adults in April 2010 showed 56% were in favor of legalizing marijuana.[71]
  • A PPIC poll on marijuana legalization in mid-May showed a very close match-up in sentiment between support and opposition. There were demographic differences, however: 62% of Latinos oppose legalization, men favor legalization more than women, and support for legalization declines with age.[72]
  • A poll by Public Policy Polling of 614 California voters shows that 52% polled are in favor of legalizing marijuana. Also according to the poll, 38% said they've smoked marijuana. 44% of those who haven't still support legalization. Democrats are more likely to support legalization. In contradiction to other polls, African Americans are the strongest supporters of legalization at 68:32.[73]
Date of Poll Pollster In favor Opposed Undecided
July 8-11, 2010 SurveyUSA 50% 40% 11
April 20, 2010 SurveyUSA 56% 42% 3
May 9-16, 2010 PPIC 49% 48% 3
June 22-July 5, 2010 Field 44% 48% 8
July 23-25, 2010 PPP 52% 36% 12

Path to the ballot

See also: California signature requirements

Three different groups filed proposed initiatives with the California Secretary of State for 2010 ballot measures that would legalize marijuana, but the Regulate, Control and Tax Cannabis Act of 2010 is the only one that qualified for the ballot.

  • Richard Lee and Jeffrey Wayne Jones filed the language for 09-0024 on July 27, 2009. This measure is also known as the Regulate, Control and Tax Cannabis Act of 2010. Supporters of this measure will have collected close to 700,000 signatures by the end of 2009.[74]
  • 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. This measure was withdrawn on 2/4/2010 and is listed as "failed" on the Secretary of State website. [75]
  • 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.[76]This initiative also failed to qualify. [77]

Supporters of the Regulate, Control, and Tax Cannabis Act of 2010 turned in over 700,000 qualifying signatures to election authorities on January 28, 2010, versus a requirement of 433,971 signatures.[78]

Supporters of the Regulate, Control, and Tax Cannabis Act of 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.[79]

Masterson & Wright, a petition drive management company was paid $987,833 to collect signatures to qualify this proposition for the 2010 ballot.[80]

The California Secretary of State published an interim report on the random sampling status of signature validating on February 12.[81]

See also: 2010 ballot measure petition signature costs

External links

Suggest a link

Basic information

Supporters

Opponents

Additional reading

Videos

References

  1. 1.0 1.1 State of California Initiative analysis
  2. Banks, Sandy (March 29, 2010). "Pot breaks the age barrier". Los Angeles Times. Tribune Company. http://articles.latimes.com/2010/mar/29/local/la-me-banks30-2010mar30. Retrieved on March 31, 2010. 
  3. Proposition 19 ballot title as announced on July 10, 2010 by the Office of the Attorney General of the State of California
  4. McNichol, Tom (July 24, 2009). "Is Marijuana the Answer to California's Budget Woes?". Time. Time Inc. http://www.time.com/time/nation/article/0,8599,1912113,00.html. 
  5. Marinucci, Carla (June 11, 2009). "Backers of legal pot eye ballot". 
  6. http://www.lao.ca.gov/ballot/2009/090512.aspx Summary of the States Legislative Analyst
  7. Saillant, Catherine (June 28, 2010). "State NAACP backs marijuana legalization initiative". Retrieved on June 28, 2010. 
  8. California NAACP backs marijuana ballot measure, San Francisco Chronicle, June 30, 2010
  9. 9.0 9.1 "Citing high black arrests, NAACP endorses pot legalization", Capitol Weekly, June 29, 2010
  10. "NAACP signs onto pot legalization measure", San Jose Mercury News, June 28, 2010
  11. "National Black Police Association supports California's marijuana legalization initiative," Los Angeles Times, August 19, 2010
  12. "Former Governor Johnson's statement". Retrieved on June 26, 2010. 
  13. 13.0 13.1 Viewpoints: Legalize pot to cut crime, fill coffers
  14. McKinley, Jesse (July 19, 2010). "Blacks May Tilt Balance in Vote to Legalize Marijuana". Retrieved on July 19, 2010. 
  15. 15.0 15.1 15.2 Grim, Ryan (July 8, 2010). "California Dems Endorse Pot Legalization, Proposition 19". Retrieved on July 8,2010. 
  16. West, Jackson (July 20, 2010). "Surprise! Both Red and Blue Want Pot Legal". Retrieved on July 21, 2010. 
  17. 17.00 17.01 17.02 17.03 17.04 17.05 17.06 17.07 17.08 17.09 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 Endorsements for YES on 19
  18. Buchanan, Wyatt (February 24, 2010). "Ammiano wants to make marijuana legal in state". Retrieved on April 24, 2010. 
  19. "Taking the next step for California", New Times, June 30, 2010
  20. Bedard, Larry (July 15, 2010). "Opinion: Decriminalize marijuana: It's far less harmful than alcohol". MercuryNews.com. http://www.mercurynews.com/opinion/ci_15525522?nclick_check=1. Retrieved on July 18, 2010. 
  21. Hoeffel, John (March 25, 2010). "Measure to legalize marijuana will be on California's November ballot". Retrieved on April 29, 2010. 
  22. Los Angeles Times, "Should we legalize and regulate marijuana in California? Just say yes?", December 23, 2009
  23. Russo, John (April 27, 2010). "Open Forum: Legalize Marijuana in California". Retrieved on April 27, 2010. 
  24. Stamper, Norm (April 20, 2010). "420: Put Down That Joint and Pick Up a Pen". Retrieved on April 20, 2010. 
  25. Downs, David, Daily Roundup, Sarah Palin Calls Bud a ‘Minimal Problem’; Vegas Drug Cops Execute Unarmed Father, East Bay Express, 7-17-‘10 http://www.eastbayexpress.com/LegalizationNation/archives/2010/06/17/daily-roundup-sarah-palin-calls-bud-a-minimal-problem-vegas-drug-cops-execute-unarmed-father
  26. Emery, Marc (June 5, 2010). "Why You Should Vote YES on PROPOSITION 19". Cannabis Culture. http://www.cannabisculture.com/v2/content/2010/06/05/Why-You-Should-Vote-YES-California-Control-Tax-Cannabis-Initiative. Retrieved on July 26, 2010. 
  27. Garofoli, Joe (2010-05-19). "Up with dope! Oakland City Council first in CA to endorse pot legalization measure", The San Francisco Chronicle. Retrieved on 2010-05-28. 
  28. CA NORML Admin (2010-01-28). "Tax Cannabis 2010 Initiative Headed for November Ballot". California NORML. http://www.canorml.org/news/TC2010.html. Retrieved on 2010-06-01. 
  29. 29.0 29.1 29.2 29.3 29.4 "Benefits of Marijuana Legalization in California", Dale Gieringer, California NORML, October 2009
  30. Good, Chris (April 2, 2010). "The Push to Legalize Marijuana: It's Real". The Atlantic. Atlantic Media Company. http://www.theatlantic.com/politics/archive/2010/04/the-push-to-legalize-marijuana-its-real/38410/. Retrieved on April 16, 2010. 
  31. Smith, F. Aaron (March 24, 2010). "Marijuana Reform Will Appear on California's November Ballot!". MPP Blog. Marijuana Policy Project. http://blog.mpp.org/tax-and-regulate/2367/03242010/. Retrieved on April 29, 2010. 
  32. Huffington Post, "California Stations Reject Ad Calling For Pot Legalization", July 8, 2009
  33. Rush, George (April 11, 2010). "Head of American Federation of Teachers Randi Weingarten supports legalizing pot". Retrieved on April 11, 2010. 
  34. Cole, Jack. "LEAP Endorses "Tax & Regulate Cannabis 2010"". Retrieved on June 4, 2010. 
  35. California ACLU Affiliates Endorse Proposition 19's Move Toward a Rational Marijuana Policy
  36. Hoeffel, John (July 15, 2010). "Big union supports California measure to legalize marijuana". Retrieved on July 15, 2010. 
  37. Rosen, Michael (June 28, 2010). "Oakland stirs the pot on legalization". Retrieved on July 18, 2010. 
  38. Sacramento Bee, June 17, 2010.
  39. "Bay area longshore workers want to legalize pot," San Francisco Chronicle, August 18, 2010
  40. Eskenazi, Joe (July 20, 2010). "Marijuana-Legalizing Proposition 19 Gets Greenlight From California Young Democrats". San Fransisco Weekly. http://blogs.sfweekly.com/thesnitch/2010/07/marijuana_young_democrats.php. Retrieved on July 21, 2010. 
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  42. Hinkle, Mark (July 3, 2010). "California Prop 19: legalized pot coming to the California ballot in November". United States Libertarian Party. http://www.lp.org/blogs/mark-hinkle/california-prop-19-legalized-pot-coming-to-the-california-ballot-in-november. Retrieved on June 20, 2010. 
  43. "SF Dems Give Key Endorsement to Prop 19," East Bay Express, August 12, 2010
  44. "Culver City Democratic Club Debates Ballot Propositions," Culver City Patch, August 12, 2010
  45. "Targeting Blacks for Marijuana: Possession Arrests of African Americans in California, 2004-08” Drug Policy Alliance, June 2010
  46. "The epidemic of pot arrests in New York City", Harry G. Levine, August 10, 2009.
  47. "The racism of marijuana prohibition", Los Angeles Times, September 7, 2009
  48. 48.0 48.1 "The consequences and costs of marijuana prohibition", University of Washington, 2009
  49. 49.0 49.1 Law Enforcement Against Prohibition, video
  50. "Effect of drug law enforcement on drug-related violence: Evidence from a scientific review", International Center for Science in Drug Policy, April 27, 2010.
  51. 51.0 51.1 "Drugs: To Legalize or Not", The Wall Street Journal, April 25, 2009
  52. "In the drug war, drugs are winning", Steve Chapman, Reason, March 29, 2010
  53. "Mexican drug cartels set up shop in California parks", Time,, August 22, 2009
  54. "Mexican drug lord officially thanks American lawmakers for keeping drugs illegal", Huffington Post, March 29, 2009
  55. "Law Enforcement: Information on Drug-Related Police Corruption", U.S. General Accounting Office, May 1998
  56. Drug War Addiction, Sheriff Bill Masters, Accurate Press, 2001
  57. "Report of the independent inquiry into the misuse of drugs act 1971", Police Foundation of the United Kingdom, 1999
  58. Marijuana is SAFER, So Why are we Driving People to Drink?, Steve Fox, Paul Armentano, and Mason Tvert, Chelsea Green Publishing, 2009
  59. 59.0 59.1 59.2 Bay Area Reporter, "Some attorney general candidates opposed to marijuana initiative", April 1, 2010
  60. 60.0 60.1 60.2 UPI, "Calif. pot measure called a safety issue", April 7, 2010
  61. [2]
  62. Reuters, "Pot shops could ease California's fiscal jam", December 21, 2009
  63. Sacramento Bee, "California dazed and confused", January 24, 2010
  64. Los Angeles Times, "Don't legalize marijuana", January 28, 2010
  65. Metropolitan News-Enterprise, "Cooley to Brown: Do Not Approve Marijuana Ballot Title", April 20, 2010
  66. Pot legalization gains momentum in California, Marcus Wohlsen, The Associated Press, October 8, 2009
  67. The Atlantic, "Reformers: No Marijuana Legalization In California This Year...Ballot Measure In 2010?", July 17, 2009
  68. The Field Poll Release #2306, April 30, 2009
  69. San Diego Union Tribune, "Poll: Voters oppose pot legalization", July 8, 2010
  70. San Francisco Chronicle, "Bid to legalize pot is counter to U.S. trend", January 5, 2010
  71. SurveyUSA, "Results of SurveyUSA News Poll #16468: Should the State of California legalize the use of marijuana? Or not?"
  72. Public Policy Institute of California, "Californians and Their Government", May 2010
  73. Two Fifths Of Californians Have Tried Marijuana and More Want It Legalized
  74. New York Times, "Push to Legalize Marijuana Gains Ground in California", October 27, 2009
  75. [3]
  76. Santa Cruz Drug Policy Examiner, "California has three initiatives filed to legalize marijuana", August 10, 2009
  77. [4]
  78. KTVU, "Petitions to legalize marijuana submitted", January 28, 2010
  79. Associated Press, "Backers begin push to get pot measure on ballot"
  80. Expenditures on Tax Cannabis 2010
  81. Interim report on the random sampling check of Tax Cannabis signatures, February 12

Marijuana in 2010

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