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 The hearings were also carried live on The California Channel, but the video has not yet been archived.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.
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.
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.
“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.
Politicians these days just can’t seem to stop talking about pot — and for the first time in decades, this is a good thing!
No longer are lawmakers’ marijuana-centric conversation based upon the notion of penalizing cannabis consumers. Today, an unprecedented number of politicians are contemplating a society that is no longer bound by the chains of marijuana prohibition.
Speaking live on CNN this morning, California Congresswoman Loretta Sanchez cited the west coast’s majority support for regulating cannabis like alcohol — as acknowledged by NORML’s recent Zogby poll — and called for a statewide “pilot program” to objectively assess the impact of cannabis legalization upon adult society.
“Well, certainly, I have seen in my own state of California, people over and over voting … [on] the whole issue of marijuana,” Sanchez said. “So maybe it would be a good pilot program to see how that regulation of marijuana might happen in California since the … majority of Californians believe maybe that should happen.”
Sanchez’s comments come two weeks after the introduction of proposed state legislation, AB 390: the Marijuana Control, Regulation, and Education Act, which seeks to tax and regulate the adult sales of cannabis in California. So far, thousands of members of the cannabis community, as well as several pundits from the mainstream press, have voiced their support for AB 390. Are lawmakers listening?
U.S. Representative Sanchez most certainly is — and she’s not alone.
If you are reading this blog, then you already know that cannabis prohibition is a fraud and a failure. You know these facts, but today millions of your friends and neighbors — and even many of your elected officials — are just now waking up to these truths. And they, like Congresswoman Sanchez, are becoming more and more outspoken in their criticisms of prohibition.
California NORML Coordinator Dale Gieringer has an excellent commentary in support of California’s proposed marijuana legalization bill in the Sunday edition of the Los Angeles Daily News.
Every year, the state shells out millions in taxpayers’ dollars to arrest, prosecute and imprison marijuana offenders in a vain attempt to stamp out its use. Meanwhile, legal and more dangerous drugs such as tobacco and alcohol are generating billions in revenues for the state.
… A new Zogby poll shows that 44 percent of voters now support taxing and regulating marijuana – and as many as 58 percent in the western states back legalization. As usual, California is ahead of the rest of the nation. Ammiano’s bill provides a path-breaking blueprint for change that would benefit our economy, safety and freedom by making marijuana a winning proposition for California.
This is the second major newspaper in California to publish NORML’s op/ed. Several other prominent papers, such as the Sacramento Bee and the Fresno Bee, have opined similarly in support of regulating pot like alcohol.
California’s cannabis community has also shown unprecedented support for AB 390: the Marijuana Control, Regulation, and Education Act. In the past two weeks, supporters have sent some 2,400 letters and e-mails to their state elected officials in favor of the proposal. Another 3,000 e-mails have been sent via MPP’s website. If each e-mail represents — politically speaking — 100 voters, then over half a million Californians have demanded an end to prohibition!
Our community is becoming more and more outspoken, and the mainstream media is listening. In recent days, NORML spokespersons have appeared on Air America radio, and have been quoted in MSNBC, U.S. News and World Report, and the world wide news wire Agence France-Press.
In short, our message is reaching more people than ever before, and the public is responding in record numbers.
2009 is truly shaping up to become an unparalleled time for marijuana law reform. NORML wants you to be a part of it. Will you join us?
[Editor's note: This post is excerpted from today's NORML 
Last week NORML 
