California Control, Regulate and Tax Adult Use of Marijuana Initiative (2016)

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California Control, Regulate and Tax Adult Use of Marijuana Initiative
Flag of California.png
Election date
November 8, 2016
Topic
Marijuana
Status
On the ballot
Type
State statute		Origin
Citizens
Voting on Marijuana
Marijuana Leaf-smaller.gif
Ballot Measures
By state
By year
Not on ballot

The Control, Regulate and Tax Adult Use of Marijuana Initiative (#15-0103) will be on the November 8, 2016, ballot in California as an initiated state statute.

A "yes" vote is a vote in favor of legalizing marijuana and hemp under state law and enacting certain sales and cultivation taxes.
A "no" vote is a vote against legalizing marijuana and hemp under state law and enacting certain sales and cultivation taxes.
Multiple, separate initiatives designed to legalize marijuana were filed in 2016. A full list of the initiatives filed and cleared for signature gathering can be found here.

Overview

What would this initiative do?

The initiative was designed to legalize marijuana and hemp under state law and enact a 15 percent sales tax as well as a cultivation tax of $9.25 per ounce for flowers and $2.75 per ounce for leaves, with exceptions for qualifying medical marijuana sales and cultivation. The initiative was also designed to prevent licenses for corporate or large-scale marijuana businesses for five years in order to deter the “unreasonable restraints on competition by creation or maintenance of unlawful monopoly power.” Other provisions relate to rights of employers, driving under the influence, and marijuana business locations.[1]

Marijuana in California

California voters were first presented with a marijuana-related ballot measure in 1972, when Proposition 19 appeared on the ballot. The measure would have decriminalized marijuana use and possession for people 18 years of age or older upon voter approval. In 1996, California became the first state in the nation to legalize medical marijuana when voters approved Proposition 215, and in 2010, voters were given the chance to vote on the legalization of recreational marijuana again with the appearance of Proposition 19. The measure was defeated.

Text of measure

Ballot title

The official ballot title is as follows:[2]

“ Marijuana Legalization. Initiative Statute.[3] ”

Ballot summary

The official ballot summary is as follows:[2]

“ Legalizes marijuana and hemp under state law. Designates state agencies to license and regulate marijuana industry. Imposes state excise tax on retail sales of marijuana equal to 15% of sales price, and state cultivation taxes on marijuana of $9.25 per ounce of flowers and $2.75 per ounce of leaves. Exempts medical marijuana from some taxation. Establishes packaging, labeling, advertising, and marketing standards and restrictions for marijuana products. Allows local regulation and taxation of marijuana. Prohibits marketing and advertising marijuana to minors. Authorizes resentencing and destruction of records for prior marijuana convictions.[3] ”

Full text

The full text of the measure can be found here.

Fiscal impact

Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance. The statement is as follows:[2]

“ Net reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues potentially ranging from the high hundreds of millions of dollars to over $1 billion annually related to the production and sale of marijuana. Most of these funds would be required to be spent for specific purposes such as substance use disorder education, prevention, and treatment.[3] ”

Support

AUMAsupportlogo.png

The support campaign for this initiative is being led by Let's Get it Right California! and Californians to Control, Regulate and Tax Adult Use of Marijuana while Protecting Children.[4][5]

Supporters

Officials

Organizations and individuals

Arguments in favor

Alice Huffman, president of California State NAACP, said:[8]

“ Creating a legal, responsible and regulated framework for marijuana is a predominant civil rights issue and it’s long overdue. The current system is counterproductive, financially wasteful and racially biased, and the people of California have repeatedly called for it to be fixed. This measure will ensure that California is not unjustly criminalizing responsible adults while also ensuring that our children are protected while the State receives hundreds of millions of new dollars for vital government and community-based programs.[3] ”

Donald O. Lyman, former chief of the Division of Chronic Disease and Injury Control at the CA Department of Public Health, and Michael Sutton, former president of the California Fish and Game Commission, said in a joint statement:[10]

“ Our broad and growing coalition is excited to be cleared for circulation, to launch our campaign and to hit the ground running by taking our message directly to the voters of California, who have repeatedly called for a legal and controlled system of responsible adult marijuana use that also protects children, public safety, local control and the environment. We believe this measure represents a better, safer, smarter, healthier and more transparent way to regulate marijuana in California.[3] ”

Steven Larson, president of the California Medical Association, said:[13]

“

The California Medical Association believes the Adult Use of Marijuana Act is a comprehensive and thoughtfully constructed measure that will allow state officials to better protect public health by clarifying the role of physicians, controlling and regulating marijuana use by responsible adults and keeping it out of the hands of children. Medical marijuana should be strictly regulated like medicine to ensure safe and appropriate use by patients with legitimate health conditions and adult-use marijuana should be regulated like alcohol. This measure – along with the recently-passed medical marijuana bills — will ensure the State of California does both – while keeping the public health and public interest as paramount concerns.[3]

”

Frank Gormlie, lawyer and grassroots activist, wrote the following about San Diego's need to support marijuana legalization in the San Diego Free Press:[15]

“

So, as the people are on the verge of ending marijuana prohibition in this state, our local law enforcement and County supervisors are weighing down the progress of history, trying to keep their reins on a changing culture that is no longer in their control.[3]

”

Bernie Sanders, 2016 presidential candidate, said the following at a rally in San Jose:[16]

“

I do not live in California. But if I lived in California, I would vote ‘yes’ to legalize marijuana.[3]

”

Opposition

The opposition campaign for this initiative is led by Californians for Responsible Drug Policies.[17][18]

Opposition

Individuals

  • Sacramento lobbyist John Lovell[17]

Officials

Organizations

  • California Hospital Association[20]
  • Small Growers Association[20]
  • California Teamsters Union[20]
  • California Correctional Supervisor’s Association[20]

Arguments against

The arguments that opponents bring against the measure generally fit into two categories. Some opponents reject the initiative because they do not support the full legalization of marijuana, while other opponents reject it because they do not support some of the provisions specific to this initiative. Below is a sampling of these arguments:

  • Barry Broad, the California Teamsters lobbyist, told Buzzfeed News the following:[21]
“

We favor a highly regulated and tiered model of distribution, similar to the way alcohol is regulated, where there’s an independent distributor that doesn’t grow or sell marijuana. We could be supportive of an initiative if the regulatory structure was one that we thought appropriate.[3]

”
  • Christopher Cadelago, writing for The Sacramento Bee, predicted that an organized opposition campaign would receive backing from law enforcement and labor interests if this measure reached the ballot. Cadelago also stated that some marijuana legalization proponents pushing competing initiatives or who held different visions of legalized cannabis would oppose the measure.[1]
  • Dr. Ted Hole, a family practice doctor in Ventura, described marijuana as a "gateway drug" and said the following about the CMA's endorsement of a "yes" vote on this initiative.[22]
“

I think the California Medical Association should have the best interest of people in mind. I don't think marijuana is something that improves people's health.[3]

”

Background

See also: Marijuana on the ballot and History of marijuana on the ballot

California was the first state to legalize marijuana for medical use. In 1996, Californians approved Proposition 215, which exempted patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws that otherwise prohibit possession or cultivation of marijuana. Proposition 215's victory was considered a critical turning point in the campaign to legalize marijuana.[23]

Before 2000, legalizing marijuana for recreational use had been on the ballot twice in California. Both attempts were defeated by voters. Before 1996's Proposition 215, Proposition 19 was on the ballot in 1972. The measure would have been the first in the nation to decriminalize marijuana.[24]

Almost 40 years later, a marijuana legalization initiative was proposed, appropriately titled Proposition 19. The initiative appeared on the ballot in 2010 and was defeated, with 53.5 percent of voters casting "no" votes.[25] U.S. Attorney General Eric Holder came out against Proposition 19, saying President Obama's (D) administration would "vigorously enforce the (Controlled Substances Act) against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law." Support for the proposition dropped drastically following Holder's statement.[26] Mason Tvert, spokesperson for the Marijuana Policy Project, said the 2010 initiative was defeated because "it was done during a midterm election." He continued, "If it had been done in a presidential election, things might have turned out very differently. We find that the more people who vote, the more who favor ending marijuana prohibition."[27]

In 2012, legalized recreational marijuana advocates saw their first statewide victories in Colorado and Washington. Two years later, voters in Oregon and Alaska approved marijuana legalization, and President Obama changed his tune on recreational marijuana, stating, "We've got bigger fish to fry. It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal."[28]

Florida, Maine, and Nevada all have marijuana legalization measures appearing on the 2016 ballot.

Campaign finance

Total campaign cash[29] Campaign Finance Ballotpedia.png
as of May 13, 2016
Category:Ballot measure endorsements Support: $6,036,999.57
Circle thumbs down.png Opposition: $135,000

As of May 13, 2016, the support campaign had over $6,000,000 in funds, nearly 45 times the amount that the opposition campaign had.

Support

The majority of the total contributions in support of this initiative were in-state donations, but a few were also from other states like New York.

As of May 13, 2016, the following PAC was registered to support this initiative. The total amount raised below was current as of May 13, 2016, and the amount spent listed below was current as of May 2016.[30]

Ballot measure committee Amount raised Amount spent
CALIFORNIANS TO CONTROL, REGULATE AND TAX ADULT USE OF MARIJUANA WHILE PROTECTING CHILDREN, SPONSORED BY BUSINESS, PHYSICIANS, ENVIRONMENTAL AND SOCIAL-JUSTICE ADVOCATE ORGANIZATIONS $6,036,999.57 $1,820,973.91
Total $6,036,999.57 $1,820,973.91

Top donors

The initiative's proponents received financial backing in the amount of about $2.25 million, including $1 million from Napster founder and former Facebook President Sean Parker and $500,000 from the Drug Policy Action, which is backed by billionaire George Soros. As of June 9, 2016, the top six donors in support of this initiative were:[31]

Donor Amount
Sean Parker $1,039,318
New Approach PAC $750,000
CA for Sensible Reform, Sponsored by Ghost Management Group, LLC dba Weedmaps $750,000
Drug Policy Action $500,000
Drug Policy Action - Non-Profit 501c4 $250,000
Nicholas Pritzker $250,000

Opposition

The majority of the opposing campaign contributions were made by organizations and associations relating to law enforcement.[9][32] As of June 9, 2016, the following PAC was registered in opposition of this initiative. The total contributions and expenditures listed were current as of June 9, 2016.[33]

Committee Amount raised Amount spent
COALITION FOR RESPONSIBLE DRUG POLICIES, SPONSORED BY CALIFORNIA PUBLIC SAFETY INSTITUTE $135,000 $92,835.84
Total $135,000 $92,835.84

Polls

See also: 2016 ballot measure polls

A poll asking respondents the following question was conducted in February 2016:

“

On the November 2016 ballot you may see an initiative that would legalize marijuana for recreational use under California law and allow government to tax it, likely bringing in millions in new revenues for government programs. If the election was held today, would you vote Yes to approve or No to reject this initiative?[3]

”
California Recreational Marijuana Legalization
Poll Yes NoUnsure/No responseMargin of ErrorSample Size
Probolsky Research
February 11 - February 14, 2016		59.9%36.7%3.4%+/-3.11,000
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Reports and analysis

University of California, San Francisco

The University of California, San Francisco, conducted an analysis of the effects of legalization according to this initiative. The study concluded that there were social and economical benefits to legalization, but that the negative effects on public health outweighed the benefits. The full report is available here.[34]

Path to the ballot

See also: California signature requirements
  • Donald Lyman, Michael Sutton, and Lance H. Olson submitted a letter requesting a title and summary on December 7, 2015.[35]
  • A title and summary were issued by the California attorney general's office on January 4, 2016.[2]
  • 365,880 valid signatures were required for qualification purposes.
  • On February 4, 2016, petitioners reached the 25 percent mark in their signature gathering effort, collecting more than 91,470 signatures.[36]
  • On May 4, 2016, supporters of the initiative announced 600,000 signatures had been collected and submitted.[37]
  • Supporters had until July 5, 2016, to collect the required signatures.

State profile

California's population in 2014 was 38,802,500.

California's population in 2014 was 38,802,500, according to the United States Census Bureau. This estimate represented a 4.2 percent increase from the bureau's 2010 estimate. The state's population per square mile was 239.1 in 2010, exceeding the national average of 87.4.

California experienced a 2 percent increase in total employment from 2011 to 2012, falling below the 2.2 percent increase at the national level during the same period.[38]

Demographics

California exceeded the national average for residents who attained at least bachelor's degrees, according to data from 2009 to 2013. The United States Census Bureau found that 30.7 percent of California residents aged 25 years and older attained bachelor's degrees, compared to 28.8 percent at the national level.

The median household income in California was $61,094 between 2009 and 2013, compared to a $53,046 national median income. Census information showed a 16.8 percent poverty rate in California during the study period, compared to a 14.5 percent national poverty rate.[38] To expand the boxes below, click [show] on the right side of each box.

Note: Each column will add up to 100 percent after removing the "Hispanic or Latino" percentage, although rounding by the Census Bureau may make the total one- or two-tenths off. Read more about race and ethnicity in the Census here.[41]

Related measures

2016

Marijuana measures on the ballot in 2016
StateMeasures
FloridaFlorida Right to Medical Marijuana Initiative, Amendment 2 
MaineMaine Legalize Marijuana Initiative 
NevadaNevada Marijuana Legalization Initiative 

See also

BP-Initials-UPDATED.png
 		Suggest a link

Footnotes

  1. ↑ 1.0 1.1 The Sacramento Bee, "Here’s how marijuana legalization would work in California," February 1, 2016
  2. ↑ 2.0 2.1 2.2 2.3 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed January 7, 2016
  3. ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  4. ↑ Let's Get it Right California!, "Home," accessed June 9, 2016
  5. ↑ California Secretary of State Cal-Access Database, "Statement of Organization Recipient Committee," January 4, 2016
  6. ↑ ATTN:, "Bernie Sanders Endorses Key California Ballot Initiative," May 24, 2016
  7. ↑ Record Searchlight, "Only one of California's pot legalization initiatives has the green that counts," February 24, 2016
  8. ↑ 8.0 8.1 Marijuana Policy Project of California, "California State NAACP Votes to Endorse and Join Growing Coalition in Support of Consensus “Adult Use Of Marijuana Act," January 12, 2016
  9. ↑ 9.0 9.1 Mint Press News, "Police And Prison Guards Fight Calif. Marijuana Legalization With Big Money," May 23, 2016
  10. ↑ 10.0 10.1 10.2 10.3 Marijuana Policy Project of California, Proponents of Consensus Marijuana Initiative Announce Being Cleared for Circulation, Will 'Hit the Ground Running' to Qualify Measure," January 6, 2016
  11. ↑ San Francisco Chronicle, "Leading California marijuana measure gets NORML seal of approval," February 23, 2016
  12. ↑ Cal Coast News, "Leading California marijuana measure emerges," February 23, 2016
  13. ↑ 13.0 13.1 The Weed Blog, "California Medical Association Endorses Marijuana Legalization Initiative," February 1, 2016
  14. ↑ Times of San Diego, "California Democratic Party Supports Legalizing Marijuana," June 20, 2016
  15. ↑ San Diego Free Press, "The Pot Wars 2016: The End to Marijuana Prohibition in California Is Near," May 19, 2016
  16. ↑ Cannabis Now Magazine, "Bernie Sanders Endorses California Marijuana Legalization Initiative," May 23, 2016
  17. ↑ 17.0 17.1 Marijuana Investor News, "Police and Prison Guard Groups Funding Opposition to AUMA," May 19, 2016
  18. ↑ California Secretary of State Cal-Access Database, "Statement of Organization Recipient Committee," February 8, 2016
  19. ↑ 19.0 19.1 Sacramento Bee, "California marijuana legalization draws lawmaker opposition," May 17, 2016
  20. ↑ 20.0 20.1 20.2 20.3 CBS News, "Legalize-pot group gives update on ballot measure proposal," May 4, 2016
  21. ↑ Buzzfeed News, "Why The Truck Drivers’ Union Is Opposing Pot Legalization In California," May 23, 2016
  22. ↑ Ventura County Star, "Local doctors debate pros, cons of legalized pot," February 2, 2016
  23. ↑ New York Times, "Living With Medical Marijuana," July 20, 1997
  24. ↑ Center for Cognitive Liberty & Ethics, "Proposition #19," accessed September 25, 2014
  25. ↑ LA Weekly, "What Killed Prop. 19?" November 4, 2010
  26. ↑ Washington Post, "How Democrats derailed marijuana legalization in California," November 10, 2014
  27. ↑ Los Angeles Business Journal, "Tweaked legal pot initiative to reach 2016 ballot," September 29, 2014
  28. ↑ Washington Post, "Obama: I’ve got ‘bigger fish to fry’ than pot smokers," December 14, 2014
  29. ↑ Note: These totals may include in-kind donations as well as cash donations.
  30. ↑ California Secretary of State Cal-Access Database, "Campaign Finance: CALIFORNIANS TO CONTROL, REGULATE AND TAX ADULT USE OF MARIJUANA WHILE PROTECTING CHILDREN, SPONSORED BY BUSINESS, PHYSICIANS, ENVIRONMENTAL AND SOCIAL-JUSTICE ADVOCATE ORGANIZATIONS," accessed June 9, 2016
  31. ↑ California Fair Political Practices Commission, "Pending & Circulating Ballot Measures for November 2016 General Election," accessed June 9, 2016
  32. ↑ The Intercept, "Police and Prison Guard Groups Fight Marijuana Legalization in California," May 18, 2016
  33. ↑ California Secretary of State Cal-Access Database, "Campaign Finance: COALITION FOR RESPONSIBLE DRUG POLICIES, SPONSORED BY CALIFORNIA PUBLIC SAFETY INSTITUTE," accessed June 9, 2016
  34. ↑ Scribd, "A Public Health Analysis of Two Proposed Marijuana Legalization Initiatives for the 2016 California Ballot," February 2016
  35. ↑ California Secretary of State, "Initiative Text (#15-0103)," accessed February 29, 2016
  36. ↑ California Secretary of State, "Circulating Initiatives with 25% of Signatures Reached," accessed February 24, 2016
  37. ↑ US News & World Report, "A campaign to legalize recreational marijuana use in the state that produces more pot than any other commenced in California on Wednesday as supporters announced they have collected enough signatures to qualify a voter initiative for the November ballot," May 4, 2016
  38. ↑ 38.0 38.1 38.2 United States Census Bureau, "QuickFacts Beta," accessed March 24, 2015
  39. ↑ California Secretary of State, "Statewide Election Results," accessed April 14, 2015
  40. ↑ The American Presidency Project, "Presidential Elections Data," accessed March 24, 2015
  41. ↑ United States Census Bureau, "Frequently Asked Questions," accessed April 21, 2014
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