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Marijuana legalization moving forward in California and Oregon (update)

Tuesday, July 28th, 2009 at 3:07 pm | By: Radical Russ

Oakland-based activists have filed a ballot initiative with the Attorney General that would legalize marijuana in California and allow counties to establish local systems to tax and regulate the plant and its products. Activists have 150 days from filing to gather 434,000 signatures to qualify for the statewide ballot in November 2010. The initiative is being spearheaded by medical marijuana entrepreneur Richard Lee, founder of Oaksterdam University.

Within the last several months, California Assembly Member Tom Ammiano introduced a bill to tax and regulate marijuana like alcohol, Gov. Arnold Schwarzenegger said marijuana legalization should be considered and debated, Oakland voters overwhelmingly adopted an initiative to tax medical marijuana, and for the first time ever in a statewide Field Poll, a majority of California voters – 56 percent – expressed support for legalizing and taxing marijuana. Outside the state, New York Gov. David Paterson joined Schwarzenegger’s call, Arizona Attorney General Terry Goddard suggested national policymakers debate marijuana legalization as a way to cripple both Mexican and U.S. gangs, and an ABC News/Washington Post poll found 46 percent of Americans nationwide now favor legalizing small amounts of marijuana for personal use, more than double its level 12 years ago.

The state Board of Equalization concluded that California would generate $1.4 billion dollars in new annual revenue if Assembly Member Ammiano’s bill to tax and regulate marijuana like alcohol (AB 390) were adopted. According to the Attorney General, 74,119 Californians were arrested for marijuana offenses in 2007 (nearly 17,000 under the age of 18). 78 percent of all arrests were misdemeanors. Marijuana arrests in California increased nearly 25 percent since 2005 while arrests for all other controlled substances, and most violent crimes, fell. The Drug Policy Alliance estimates the costs incurred by California’s criminal justice system as a result of current marijuana prohibition laws to be nearly $260 million a year.

Richard Lee’s “Tax Cannabis 2010″ proposal is available online at http://taxcannabis2010.org.  There’s another California initiative called “California Cannabis Initiative 2010″, spearheaded by lifetime NORML Legal Committee member Omar Figueroa and Joe Rogoway, available at http://californiacannabisinitiative.org.

Meanwhile, farther north in Oregon, NORML Board Member and Oregon NORML Executive Director Madeline Martinez has filed the Oregon Cannabis Tolerance Act of 2010, a measure to legalize marijuana and distribute it through a state cannabis-store system, not unlike (but separate from) liquor stores, while the THC Foundation’s Paul Stanford has filed the revised Oregon Cannabis Tax Act of 2010 (http://cannabistaxact.org or http://octa2010.org) that seeks a similar solution but also adds specific definitions of hemp industry.  Both OCTAs leave the Oregon Medical Marijuana Act intact and preserve the right of citizens to maintain personal non-commercial grows without taxation.

[UPDATE: Madeline's Tolerance Act is actually going to be presented to the Oregon Legislature to be filed as a citizen referendum.  Paul's OCTA is going to be presented to the citizens as an initiative.  Both are currently gathering the 1,000 signatures necessary to file the measures.  I regret the errors. -- "R"R]

Drug Policy Alliance and others admit they’d rather see this sort of push in 2012 when there would be more support.  Some feel to push in 2010 is too soon and a loss at the polls will set the movement back.  I disagree.  I always say, when we’re talking about it, we’re winning.  Well, when we’re voting on it, we’re getting exactly what we want – a chance to have our voices heard!  I don’t think it is ever too soon or inadvisable to vote for our freedom.  The last legalization proposals in Nevada got 39% and 44% of the vote, so I would see any legalization proposal that clears 40% in California and Oregon as a success.

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12 Comments

  1. bloodshot says:

    if this happens, which i know it will, there is gonna be lines for miles at the nearest stores. i will surely be in one or more of those lines. i have a good feeling this is gonna spark the fuse to end prohibition and bring the revinue and tourists like you wouldnt believe

  2. James Crosby says:

    I wouldn’t wait until 2012 either, because I think at least one of these initiatives will pass. Most likely the one in California will pass, but as a resident of Oregon, I have high hopes for our state as well. I know that Oregon would definitely follow California in their decision to legalize if nothing else. Oregon wants to legalize it, and most know that it’s a positive plant.

    I for one think that Oregon will legalize next year, as well as California.

  3. Q says:

    If it hits the polls in Oregon, I’m voting for it. What petition do I need to sign to make it happen. Wooooooo Hooooooooo!

  4. Martin Carr says:

    I think Pres. Obama and the Dems lack the backbone to stand up to the Republican party, religious right, and the pharicutical, alcohol and tobacco industries. We need to push for legalization of pot and boycott all alcohol and any cigarettes made by philip morris and rj reynolds (Marlboro, Camel, Pall Mall) – (Roll tobacco is better, such as TOP, Bugler, Drum and Midnight Special.)

    • Radical Russ says:

      I think they don’t want to stand up to those industries (health care, insurance, pharmaceuticals) that line their pockets.

    • Michael says:

      It is unfortunate that bigots like yourself seek to divide us. I am a registered republican, a proud Evangelical Christian, and prolific supporter or the beer and liquor industries. How dare you diminish my support of a more tolerant US drug policy! The core tenant of conservatism is limited government, of Christianity is that every created being has the God given right to chose their own path, right or wrong. I wish people would learn to overcome their ignorance and prejudices.

  5. Arnold says:

    I wonder what popular opinion on legalization really is. It seems debate stances haven’t shifted much in the history of narcotics. I found a pretty good back and forth debate over it here: http://www.pandalous.com/topic/on_drugs

  6. macdog says:

    i think the Californian one will pass but im not so sure about the Oregon one

  7. [...] Marijuana legalization moving forward in California and Oregon [...]

  8. Bosco3d says:

    With taxs and all I would hope.A pack of 20 Cheese joints with 1.5 grams per joint and 18% potance would be no more than $19.95. :-)

  9. todd says:

    What! 2012, wait? why? We have the support and it’s easier to push the ball when it’s already rolling. All it’s gonna take is 1 or 2 states to push Nation wide legalization over the edge. They can set up check points and boarder patrols along Mexico but they cant do that around two of our own states. I Say go for it now and every day until they Legalize it.

    • fallibilist says:

      Todd, you’re more right than you know. California is so big that if they legalize, it’ll be the end of effective pot prohibition in America. Just like the existence of Vegas means that there IS an option for gambling in the US. Then, other states want to get in on the action.

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