California: Lawmakers Cast First Vote In Nearly 100 Years To Repeal Marijuana Prohibition

Lawmakers on the California Assembly, Committee on Public Safety, voted 4 to 3 today in favor of Assembly Bill 390: The Marijuana Control, Regulation, and Education Act — which seeks to legalize the production, distribution, and personal use of marijuana for adults age 21 and older. The vote is first time since 1913, when California became one of the first states in the nation to criminalize the use and possession of marijuana, that lawmakers have called for the repeal of cannabis prohibition.

“Today’s vote marks the first time in nearly a century that California lawmakers have reassessed this failed criminal policy,” said NORML Deputy Director Paul Armentano.  “Any risks presented by the use of marijuana by adults falls within the ambit of choice we should permit individuals in a free society.  It’s time replace the failings of marijuana prohibition with a policy of legalization, regulation and education. Today’s vote is a significant, albeit first step in this direction.”

Further Committee votes on AB 390 are unlikely to take place this session because of legislative calendar restraints.  However, the bill’s sponsor, San Francisco Assemblyman Tom Ammiano, said that he would likely reintroduce a similar version of the bill later this month.

Registered supporters for the measure included: the AFL-CIO, the American Civil Liberties Union, the American Federation of State, County and Municipal Employees (AFSCME), and the California Public Defenders Association, among others.

Registered opponents of the bill included: the California Fraternal Order of Police, the California Narcotics Officers Association, the California Police Chiefs Association, the California State Sheriffs’ Association, the California Peace Officers’ Association, and the California District Attorneys Association.

Voting ‘yes’ on the bill were Ammiano, Assemblyman Jerry Hill, D-San Mateo, Assemblyman Jared Huffman, D-San Rafael and Assemblywoman Nancy Skinner, D-Berkeley. Voting no were Assemblyman Warren Furutani, D-Gardena (Los Angeles County), Assemblyman Danny Gilmore, R-Hanford (Kings County) and Assemblyman Curt Hagman, R-Chino Hills (San Bernardino County).

Archived footage of today’s historic vote is available on the California Channel here.

Coming To A State House Near You: Legal Cannabis?

UPDATE!!! UPDATE!!! WATCH THE WASHINGTON STATE HEARINGS LIVE HERE!

January 2010 is off to a ‘smoking’ start. Lawmakers in three key states — New Jersey, California, and Washington — are taking action this week on legislative measures that seek to significantly amend, or end, marijuana prohibition. Here’s a quick look at the week ahead.

Monday: [UPDATE 3!!! The New Jersey State Assembly and Senate have approved the “New Jersey Compassionate Use Medical Marijuana Act" (A804/S119).  Governor Jon Corzine is expected to sign the legislation into law this week. The measure is expected to take effect in six months, at which time New Jersey will become the 14th state in the nation to legalize medical marijuana. Major thanks go out to Ken Wolski and Jim Miller of Coalition for Medical Marijuana -- New Jersey, and to NORML New Jersey's Chris Goldstein. Without their efforts it is unlikely that this victory would be upon us today.]

Tuesday: [UPDATE!!! I have just returned from Sacramento and wanted to confirm to folks that AB 390 did pass out of Committee by a 4-3 vote. A google news search under the key words "marijuana" and "California" with yield plenty of media coverage, with much more to come.] Members of the California Assembly, Public Safety Committee will vote on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to regulate and control the production, distribution, and personal use of marijuana for adults age 21 and older. This vote will mark the first time since 1913, when California became one of the first states in the nation to enact cannabis prohibition, that lawmakers have reassessed this failed policy. (See my op/ed in today’s Sacramento Bee here.) A press conference is anticipated to take place immediately following the vote. You can read NORML’s prepared testimony here and here, and you can voice your support for this effort by going here.

Wednesday: Washington state House lawmakers will hear testimony at 1:30pm in favor of a pair of bills seeking to significantly reduce state marijuana penalties. Members of the House Committee on Public Safety & Emergency Preparedness will debate two pending proposals, House Bill 1177 and House Bill 2401. House Bill 1177 seeks to reclassify the possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction punishable by a $100 fine. House Bill 2401 seeks to “remove all existing civil and criminal penalties for adults 21 years of age or older who cultivate, possess, transport, sell, or use marijuana.” This will be the first time state lawmakers have ever debated regulating marijuana production, distribution, and use by adults.

NORML representatives will be testifying in Olympia on Wednesday (Read testimony here.), and NORML Advisory Board member Rick Steves will also be hosting a public forum on the topic at Olympia’s Capitol Theater on Tuesday evening. If you live in Washington, you can urge the Committee to vote ‘yes’ on one or both of these measures by going here and here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Round Up

It’s January 2010, and that means it is time once again for NORML’s Weekly Legislative Round Up — your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so.  NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and make the changes they want to see. We can’t do it without you.

California: Reminder — On Tuesday, January 12, members of the California Assembly will decide on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to regulate and control the production, distribution, and personal use of marijuana for adults age 21 and older. Tuesday’s vote will mark the first time since 1913, when California became one of the first states in the nation to enact cannabis prohibition, that lawmakers have reassessed this failed policy. You can read NORML’s prepared testimony here, and if you live in California it is pertinent that you call or fax your Assembly member this week by going here.

New Hampshire: A bipartisan coalition of lawmakers today introduced the state’s first ever bill to legalize and “regulate the purchase and use of marijuana” for adults. As introduced, House Bill 1652 “allows [for] the purchase and use of marijuana by adults (age 21 or older), regulates the purchase and use of marijuana, and imposes taxes on the wholesale and retail sale of marijuana.” Personal possession of up to one ounce of cannabis and/or non-commercial cultivation of up to three marijuana plants would not be subject to tax and regulation under this act. You can read the full text of the measure here, and you can urge your politicians to support HB 1652 by going here. (FYI: A separate bill seeking to decriminalize minor marijuana possession, HB 1653, is also pending in the New Hampshire legislature.)

Washington: [UPDATE!!! Members of the House Committee on Public Safety and Emergency Preparedness will hear testimony in favor of both marijuana legalization and decriminalization bills on Wednesday, January 13, at 1:30pm. Please see NORML's 'Current Action Alerts page here for more info.] Legislators have pre-filed House Bill 2401, which seeks to “remove all existing civil and criminal penalties for adults 21 years of age or older who cultivate, possess, transport, sell, or use marijuana.” You can read the full text of the proposal here, and you can show your support for the measure by going to NORML’s ‘Take Action Center’ here. (FYI: Separate decriminalization legislation also remains pending, and may be supported by going here.)

New Jersey: Time is running out to make New Jersey the fourteenth state to legalize the therapeutic use of marijuana for qualified patients. Lawmakers are scheduled to vote on the New Jersey Compassionate Use Medical Marijuana Act on Monday, January 11. This is the final day that lawmakers will be voting on issues from the 2008-2009 legislative session. This means that the bill must pass the Assembly floor, and then be rectified with the Senate version of the bill, before it can be sent to outgoing Gov. John Corzine for his approval. If you reside in New Jersey then it is vital that you take action this week by going here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

California: Historic Vote On Cannabis Regulation To Take Place On Tuesday, January 12

On Tuesday, January 12, members of the California Assembly will hold a historic vote on statewide marijuana policy. Members of the Public Safety Committee will decide on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to regulate and control the production, distribution, and personal use of marijuana for adults age 21 and older.

[UPDATE from Russ Belville: NORML Deputy Director Paul Armentano and MPP's California director Aaron Smith join me this afternoon's NORML SHOW LIVE, airing at 1pm Pacific / 4pm Eastern, to discuss this historic vote in California.  Call in with your questions to 347-994-1810]

Tuesday’s vote will mark the first time since 1913, when California became one of the first states in the nation to enact cannabis prohibition, that lawmakers have reassessed this failed policy.

If a majority of the Public Safety Committee votes ‘yes’ on AB 390, the bill will immediately face a separate vote in the California State Assembly Committee on Health. (I have been tentatively invited to testify before this committee; you can read my prepared testimony here.) In short, members of both committees will likely be voting on this historic measure next week. That is why we need your support in contacting the members of these legislative committees today!

To date, over 8,000 of you have contacted your California Assemblymembers via NORML’s Capwiz ‘Take Action’ Center. This is a tremendous outpouring of public support, but we need to ramp up our advocacy before next week’s vote.

If you reside in California please click here to find a list of Assembly members who sit on the key committees overseeing AB 390. Constituents in their districts are urged to phone or fax support their for AB 390 today. Lawmakers’ district phone numbers, fax numbers, and e-mail contact information appears here.

If your member of the Assembly does not appear on this list, please take a moment this week to call and leave a polite, concise phone message voicing your support for AB 390 with the Assembly Committees of Public Safety and Health. You can find the direct line for these committees, as well as for their Chair and Vice-Chairs, here and here.

Finally, Californians can also send a letter of support directly to their individual member of the Assembly by using NORML’s pre-written letter service here.

Let’s begin 2010 by letting California’s politicians know that the time to end the state’s nearly 100-year failed experiment with marijuana prohibition is now!

2009: The Year In Review – NORML’s Top 10 Events That Shaped Marijuana Policy

#1 Obama Administration: Don’t Focus On Medical Marijuana Prosecutions
United States Deputy Attorney General David Ogden issued a memorandum to federal prosecutors in October directing them to not “focus federal resources … on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” The directive upheld a campaign promise by President Barack Obama, who had previously pledged that he was “not going to be using Justice Department resources to try to circumvent state laws on this issue.” Read the full story here.

#2 Public Support For Legalizing Pot Hits All-Time High
A majority of U.S. voters now support legalizing marijuana, according to a national poll of 1,004 likely voters published in December by Angus Reid. The Angus Reid Public Opinion poll results echo those of separate national polls conducted this year by Gallup, Zogby, ABC News, CBS News, Rasmussen Reports, and the California Field Poll, each of which reported greater public support for marijuana legalization than ever before. Read the full story here.

#3 Lifetime Marijuana Use Associated With Reduced Cancer Risk
The moderate long-term use of cannabis is associated with a reduced risk of head and neck cancer, according to the results of a population-based control study published in August by the journal Cancer Prevention Research. Authors reported, “After adjusting for potential confounders (including smoking and alcohol drinking), 10 to 20 years of marijuana use was associated with a significantly reduced risk of head and neck squamous cell carcinoma.” Read the full story here.

#4 AMA Calls For Review Of Marijuana’s Prohibitive Status
In November, the American Medical Association resolved that marijuana should longer be classified as a Schedule I prohibited substance. Drugs classified in Schedule I are defined as possessing “no currently accepted use in treatment in the United States.” In a separate action, the AMA also determined, “Results of short term controlled trials indicate that smoked cannabis reduces neuropathic pain, improves appetite and caloric intake especially in patients with reduced muscle mass, and may relieve spasticity and pain in patients with multiple sclerosis.” Read the full story here.

#5 California: Lawmakers Hold Historic Hearing On Marijuana Legalization
State lawmakers heard testimony in October in support of taxing and regulating the commercial production and distribution of cannabis for adults age 21 and older. Additional hearings, as well as a vote on Assembly Bill 390: the Marijuana Control, Regulation, and Education Act, are scheduled for January 12, 2010. Read the full story here.

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Marijuana Law Reform Is A Political Opportunity — Not A Political Liability

Last January I proclaimed in the The Hill‘s Congress blog: “Marijuana law reform is no longer a political liability; it’s a political opportunity.” Ten months later it appears that an unprecedented number of state-elected officials are heeding the message. Here’s just a sample.

COLORADO: Last week the Commission on Criminal and Juvenile Justice recommended legislators to substantially reduce marijuana penalties so that the possession of up to four ounces of pot would classified as a petty offense. Offenses involving greater amounts of cannabis (up to 16 ounces) would be reduced to a misdemeanor. State Attorney General John Suthers told the Denver Post that he supports the Commission’s recommendations which, if enacted, would make Colorado’s pot possession laws among the most lenient in the nation.

RHODE ISLAND: A special nine-member Senate panel met for the first time this week to debate revising the state’s criminal marijuana policies. The panel’s chair, Democrat Sen. Joshua Miller, said that the task-force will primarily focus on the subject of decriminalization, but that members will also likely debate the merits of taxing a regulating the adult use of cannabis. The panel’s recommendations to the legislature are due on January 10, 2010. In 2009, Rhode Island’s legislature became only the second to approve legislation licensing the establishment of medical cannabis dispensaries.

WISCONSIN: Democrat Gov. Jim Doyle recently announced his support for legislation that seeks to make Wisconsin the fourteenth state to allow for the legal use of medical cannabis. Both the Assembly and the Senate Public Health Committees are scheduled to hear testimony in favor of the legislation, known as the Jacki Rickert Medical Marijuana Act, on Tuesday, December 15, 2009.

WASHINGTON: Incoming Seattle city attorney Peter Holmes announced this week that his office will no longer charge anyone with simple marijuana possession offenses. “We’re not going to bring any more (marijuana possession) charges,” he said. There are other more important, more pressing public safety matters in need of attention with the limited resources we have.” Holmes added that he supports legislation that stalled in 2009 that seeks to depenalize marijuana. Those proposals are expected to be heard by the legislature in 2010.

PENNSYLVANIA: Next month legislators will hold their first hearing — ever — on legalizing the use of medical cannabis. The House Committee on Health and Human Services will hear testimony on HB 1393, The Barry Busch Compassionate Use Medical Marijuana Act of 2009, on Wednesday, December 2, at 11am in Room 140 of the Main Capitol. Contact Philly NORML for further details.

ARKANSAS: Democrat Senator Randy Laverty announced this week that he is considering introducing legislation to lessen or eliminate criminal penalties for marijuana possession offenses. Legislators in several other states, including New Hampshire and Texas, are also expected to debate marijuana legalization proposals in 2010.

CALIFORNIA: In the coming months legislators are expected to hold additional hearings on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to tax and regulate the commercial production and retail sale of cannabis to those age 21 or older. The California Assembly Committee on Public Safety is anticipated to vote on the measure by late January. The vote will mark the first time that California, or the legislature of any state, has voted on the issue of cannabis regulation in over three decades.

By any standard, 2010 will be a historic year for legislative activity regarding marijuana law reform. Will you play a role in bringing common sense marijuana regulations to your community? Get active, get NORML, and be the change you want to see!

California Medical Association Says Pot Prohibition Is A “Failed Public Health Policy”

[Editor's note: This post is excerpted from this week's NORML weekly media advisory. To have NORML's media advisories delivered straight to your in-box, sign up for NORML's free e-zine here.]

Members of the California Medical Association’s (CMA) House of Delegates have endorsed a resolution stating that the criminal prohibition of marijuana is a “failed public health policy.”

As enacted, Resolution 704a-09, the “Criminalization of Marijuana” states: “[The] CMA considers the criminalization of marijuana to be a failed public health policy, … and encourage[s] … debate and education regarding the health aspects of changing current policy regarding cannabis use.”

The California Medical Association has more than 35,000 members statewide.

The newly adopted resolution coincides with the scheduling of legislative hearings regarding Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to tax and regulate the commercial production and retail sale of cannabis to those age 21 or older.

The California Assembly Committee on Public Safety is anticipated to vote on AB 390 by late January.

Last week, the American Medical Association resolved that “marijuana’s status as a federal Schedule I controlled substance be reviewed with the goal of facilitating the conduct of clinical research and development of cannabinoid-based medicines.” The organization had previously called for cannabis to be “retained in Schedule I of the Controlled Substances Act,” a legal classification that defines the substance and its natural compounds as possessing “no currently accepted use in treatment in the United States.”

California Tax Board Says Regulating Commercial Pot Sales Would Yield $1.4 Billion Annually — Also Predicts Decline in Use of Booze and Tobacco

[Editor's note: This post is excerpted from today's NORML weekly media advisory.]

A revised budgetary analysis by the California State Board of Equalization (BOE) estimates that taxing and regulating the retail sale of cannabis by adults would raise approximately $1.4 billion in annual new state revenue.

The BOE’s estimate, released late yesterday, assesses a $50 per ounce tax on the retail sale of cannabis (among other state-imposed costs), as recommended under Assembly Bill 390: The Marijuana Control, Regulation and Education Act.  This act seeks to license and tax the commercial production, packaging, and retail sale of marijuana to those 21 years of age or older.

As introduced, AB 390 would not impose taxation or licensing requirements on the non-commercial production of cannabis (up to ten mature plants), or on the not-for-profit distribution of pot.  Further, the bill would not alter existing legislation on the use of medicinal cannabis, nor would it impose new taxes or sanctions on the medical cultivation of cannabis.

According to the BOE’s revised calculations, the enactment of AB 390 would raise an estimate $990 million annually from the proposed $50 per ounce levy on retail sales of marijuana in addition to another $392 million in yearly sales tax revenues.

The BOE assessment did not assess whether the enactment of AB 390 would reduce existing law enforcement and prosecutorial costs, which have been estimated by California NORML to average some $200 million per year.  In 2007, a record 74,000 Californians were charged with marijuana offenses – the largest total since the state ‘decriminalized’ the personal possession of small amounts of marijuana in 1976.

The BOE report acknowledged that legalizing pot for adults would likely result in a “substitution effect” where consumers gravitate toward the use of marijuana “and away from cigarettes and alcohol.”

According to a May 2009 California Field poll of 901 registered voters, 56 percent of Californians say that lawmakers should “legalize marijuana for recreational use and tax its proceeds.”  Presently, the state is facing a $26 billion budget deficit.

Assembly Bill 390 is presently before the Assembly Committees on Public Safety and Health, which are expected to take up the issue early next year.

See No Evil, Hear No Evil, Speak No Evil

Meet Hawaii’s Republican Governor Linda Lingle. On Monday, Gov. Lingle vetoed Senate Bill 1058, which called on the legislature to merely study “issues relating to medical cannabis patients and current medical cannabis laws.”

Specifically, SB 1058 called for the formation of a legislative task force to:

(1) Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;

(2) Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;

(3) Examine all issue and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;

(4) Compare and contrast Hawaii’s medical marijuana program with all other state medical marijuana programs; and

(5) Address other issues and perform any other function necessary as the task force deems appropriate, relating to the medical marijuana program.

In her veto address, Gov. Lingle alleged — laughably — that the mere act of examining the medical marijuana laws of Hawaii and a dozen other states violates federal anti-drug laws.

“I am returning herewith, without my approval, Senate Bill No. 1058. … This bill establishes the medical cannabis task force … to review issues related to (Hawaii’s) medical marijuana program and make recommendations for any proposed legislation and rules. … The medical task force is unnecessary because it would attempt to deal with issues raised by medical marijuana users that can only be addressed by circumventing federal law.“

Keep in mind that just days earlier lawmakers in Rhode Island overwhelmingly approved legislation to allow the state to license nonprofit facilities to produce and dispense medicinal cannabis to qualified patients. Yet in Hawaii the Governor would have us believe that just gathering feedback from patients and local law enforcement regarding the state’s nearly ten-year-old medical cannabis program somehow violates federal law. It’s an absurd position and no doubt Gov. Lingle, who vetoed a similar task force bill last year, knows it.

Of course, the true motive behind Gov Lingle’s action — and the similar actions of her fellow prohibitionists — is to silence any sort of public or political debate surrounding America’s failed marijuana policies.

This was the motivation behind President Obama’s decision to ‘laugh off’ the issue of marijuana law reform during his online town hall this past March. Silencing free speech was also the driving force behind the actions of members of Congress who earlier this year threatened to withhold funding from the city of El Paso, Texas, if they so much as dared to hold an “honest, open national debate” regarding US drug policy. And surely this was the motivating force behind a South Dakota Judge’s decision this week to bar longtime NORML advocate Bob Newland from engaging in any public advocacy of marijuana law reform for one year. (Full disclosure: Bob Newland, under the banner of SoDakNORML, had been leading the petition drive to place a medical marijuana initiative on the 2010 state ballot. In other words, Judge Delaney’s decision isn’t simply limiting Mr. Newland’s constitutional rights to free speech, it’s also potentially limiting the voting rights of all South Dakotans.)

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Gov. Arnold Schwarzenegger: “It’s Time For A Debate”

Last week NORML reported on the results of a just-released Field Research Corporation poll that found that 56 percent of California voters agreed with the statement: “Legalize marijuana for recreational use and tax its proceeds.”

Today, Gov. Arnold Schwarzenegger was asked about the Field poll result, which was the third poll of 2009 demonstrating majority support for legalizing pot among west coast voters.

His reply:

“I think it’s time for a debate (regarding taxing and regulating the sale of cannabis for adults). I think all of those ideas of creating extra revenues, I’m always for an open debate on it. And I think we ought to study very carefully what other countries are doing that have legalized marijuana and other drugs, what effect did it have on those countries? It could very well be that everyone is happy with that decision and then we could look at that.“

What a difference eight weeks makes. After all, this is the same Gov. Schwarzenegger that said in February that he vehemently opposed California Assembly Bill 390: The Marijuana Control, Regulation and Education Act, which seeks to impose a tax on the commercial production and legal retail sale of cannabis.

And today? Well, today the Governor is singing a different tune.

“It’s time for debate. … I’m always for an open debate on it.” (You can watch a video of Schwarzenegger’s remarks here. **Note, the comments come at the very end of the video.)

So are we!

Since March, NORML supporters have sent over 8,000 e-mails to their members of the California state assembly in support of AB 390, sponsored by Assemblyman Tom Ammiano.  Now it’s time to start directing those thousands of e-mails, phone calls, and letters to the Governor.

Tell Gov. Schwarzenegger: “I am one of the majority of California voters who supports taxing and regulating the use and sale of cannabis by adults. Studies consistently show that countries that have removed criminal penalties for the personal use of marijuana, such as Portugal and the Netherlands, have far lower rates of cannabis use than the united States. I agree that the time has come for an objective and public debate on this topic. I urge you to encourage the legislature to hold hearings on this important issue.”

You can also send an automated e-mail to Gov. Schwarzenegger’s office via NORML’s Take Action Center here.