This week: politicians in California speak out against the federal crackdown and a new study looks at impairment levels in casual and heavy cannabis consumers.

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“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.

[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!

California state lawmakers are scheduled to hear testimony tomorrow in support of taxing and regulating the commercial production and distribution of marijuana for adults age 21 and older.

[Paul Armentano 10/29 update: Archived video of the entire hearing is now available online here. The hearing is three hours long and archived in three separate parts.]

[Paul Armentano updates: Just a quick update for folks. There is extensive media coverage of today's hearing. Go to Google News and type in "Ammiano marijuana." There are well over 100 news items, ranging from the New York Times to UPI to Bloomberg to AP, etc. The hearings were also carried live on The California Channel, but the video has not yet been archived. (Check back to the Cal Channel website tomorrow or Friday, but here's a five minute clip care of youtube.) NORML's testimony from today is available here and here. Following the hearing, many of us met with numerous key lawmakers (and their staff) on the Public Safety and Health Committees to discuss the issue further. (I had four meetings myself.)

As for "what's next?" First off, this was an INFORMATIONAL HEARING only. There will be NO Committee vote at this time. There will likely be a second informational hearing scheduled before the Assembly Committee on Health. After that, the Public Safety Committee is anticipated to hold a separate hearing specific to AB 390, the Marijuana Control, Regulation, and Education Act in January 2010. IF we have the votes at that time to pass the bill out of Committee, the Chair (who is the bill's sponsor) will call it for a vote sometime this spring. If we don't have the votes on the Committee, then the bill will languish in Committee. It's that simple.]

Members of the California Assembly Committee on Public Safety have called for the hearing, entitled “Examining the Fiscal and Legal Implication of the Legalization and Regulation of Marijuana.” The hearing will be chaired by Assemblyman Tom Ammiano (D-San Francisco), sponsor of Assembly Bill 390, the Marijuana Control, Regulation, and Education Act. It will take place at 10am in room 126 of the State Capitol.

A press conference will take place prior to the hearing at 9 am in Capitol Room 317.

California NORML Coordinator Dale Gieringer is scheduled to testify before the Committee at noon. [Editor's note: Read Dale's written testimony here.] NORML has also submitted prepared testimony to the Committee, which is available online here.

Several representatives from law enforcement, including the California Police Chiefs Association and the Office of the Attorney General’s Bureau of Narcotics Enforcement, are scheduled to testify in opposition to the bill.

“The criminal prohibition of marijuana provides law enforcement and state regulators with no legitimate market controls,” states NORML Deputy Director Paul Armentano in prepared testimony.  “This absence of state and local government controls jeopardizes rather than promotes public safety. I urge this Committee to move forward with the enactment of sensible regulations for legalizing marijuana.”

Tomorrow’s hearing marks one of the first times since 1913 that the California legislature has debated ending criminal prohibition.

If you live in California you can contact your member of the Assembly in advance of tomorrow’s historic hearing here.

In February, Assemblyman Ammiano introduced legislation to legalize and regulate the commercial production and sale of cannabis for adults age 21 or over. The proposal — Assembly Bill 390: The Marijuana Control, Regulation and Education Act — is the first bill ever to be introduced in the California legislature that seeks to tax and control the sale of cannabis.

Says Ammiano: "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. 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."

In July, a revised budgetary analysis by the California State Board of Equalization estimated that the passage of Ammiano’s bill would raise approximately $1.4 billion in annual new state revenue.

Tom Ammiano says, “Yes we cannabis” and so should you! Meet Tom and hundreds of other likeminded people at NORML’s 38th annual conference, taking place September 24-26 at the Grand Hyatt Hotel in downtown San Francisco. For registration information, please visit: http://www.norml.org/conference.

More about Assemblyman Tom Ammiano:

Ammiano Proposes Bill To Tax And Regulate Marijuana

Associated Press — Calif tax officials: Legal pot would rake in $1.4B

CBS 5 interview

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.

California: On Monday, state Assemblyman Tom Ammiano introduced AB 390, The Marijuana Control, Regulation, and Education Act — the first bill ever in legislature to legalize and regulate the commercial production and sale of marijuana in California. You can see local, network, and national media coverage of this effort here, here, and here. If you live in California, please go here to contact your state assemblyman and urge him or her to support AB 390.

New Jersey: Lawmakers took a major step on Monday toward making New Jersey the fourteenth state to legalize the medical use of cannabis. Senators voted 22 to 16 in favor of Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. But this battle is only half over. Members of the New Jersey Assembly must also vote on this issue. If you reside in New Jersey, please take a moment to contact your members of the state assembly and urge them to support companion bill, A804. You can further support this effort by contacting the Coalition for Medical Marijuana – New Jersey or NORML New Jersey.

**Note: Additional information and interviews regarding these breaking events in California and New Jersey are available here on the NORML Daily Audio Stash podcast.

Montana: Ready for even more good news? Senate lawmakers in Montana today voted 28 to 22 in favor of SB 326, which seeks to expand the state’s medical marijuana laws. As introduced, SB 326 (1) Expands the number of qualifying conditions for which marijuana may be legally recommended; (2) Increases the amount of marijuana a patient may legally possess; and (3) Prohibits employers and landlords from discriminating against medicinal marijuana patients solely because of their medical status. NORML thanks all of you who took the time to support this important measure, which now moves to the House for consideration. For more information about this and other statewide marijuana law reform efforts in Montana, please contact Montana Patients and Families United or Montana NORML.

Washington: Finally, last week the Senate Judiciary Committee approved SB 5615, which seeks to reduce the penalty for minor marijuana possession offenses to a civil fine of no more than $100. You can listen to audio from the hearing and vote here. This proposal now goes before the Senate Rules Committee, which must take action on the bill to put it before the full Senate. Tell them to do so by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, and Texas, please visit NORML’s Legislative Action Alerts page here.

“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”, Assemblyman Ammiano said. “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.”

The proposal is the first marijuana legalization bill ever introduced in California.

“It’s time for California taxpayers to stop wasting money trying to enforce marijuana prohibition, and to realize the tax benefits from a legal, regulated market instead,” said Dale Gieringer, director of California NORML, a sponsor of the bill.

As introduced, Ammiano’s measure would allow for the licensed production and sale of cannabis to consumers age 21 and over. Licensed cultivators would pay an excise tax of $50 per ounce of cannabis. In addition, the proposal would impose a sales tax on commercial sales. (Ammiano’s proposal would not affect the state’s medical marijuana law, allowing patients and caregivers to grow their own medicine.)

If enacted, the measure would raise over $1 billion per year in state revenue, according to an economic analysis by California NORML, available online here.

Ammiano’s bill comes at a time of growing public support for legalizing marijuana. A recent Zogby poll reported that nearly six in ten west coast voters support taxing and regulating marijuana like alcohol.

Faced with a $40 billion budget deficit, other public officials have joined in endorsing Ammiano’s bill, including San Francisco Sheriff Mike Hennessy and Betty Yee, a member of the State Board of Equalization, which oversees collection of sales taxes.

Currently, tens of millions of dollars are paid annually in state and local taxes by licensed distributors of medical marijuana. However, these sales only represent a fraction of the overall statewide marijuana market. “The millions of dollars raised each year on the sales of medicinal cannabis is only the tip of the iceberg,” Gieringer said. “Kudos to Assemblyman Ammiano for proposing a path-breaking bill that would benefit our economy, safety and freedom by making marijuana a winning proposition for California.”