“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!!! 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.

** 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.

[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!

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 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.

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.

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.

Let’s encourage them to keep talking.

Here’s an excerpt:

Time has come to legalize pot
via 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?