Pot legalization almost certainly headed for California ballot

By Daniel Tencer
Friday, January 29th, 2010 -- 1:56 pm
Share on Facebook Stumble This!

marijuana Pot legalization almost certainly headed for California ballotVoters in California will likely decide this November whether or not to legalize marijuana, after legalization activists handed in far more than the necessary number of petition signatures to get the measure onto the ballot.

Organizers of the Regulate, Control and Tax Cannabis Act of 2010 filed some 700,000 petition signatures with county clerks around the state. The amount of signatures needed to get the measure on the ballot is about 433,000, reports the San Francisco Chronicle, so the measure is all but certain to be on the ballot in November.

If California voters approve, it will be the most comprehensive reform of marijuana laws ever undertaken in the United States. While some states, such as Oregon, have relatively lax penalties for possession, no state has attempted to regulate and tax the herb before.

The measure's chances are good: A poll taken last April found that 56 percent of Californians want to see the herb legalized and taxed.

According to the L.A. Times, the measure would make it legal for anyone over 21 to own an ounce or less of pot, and to grow pot for personal use in a space no larger than 25 square feet. It would also give cities the right to license marijuana growers and sellers, and to collect taxes on the crop.

Story continues below...

One of the major talking points that the pro-legalization crowd has used has been finances. California's government is facing a deep, prolonged budget crisis, and legalization proponents have argued that the revenue generated by taxing marijuana would bring an estimated $1.3 billion into state and municipal coffers.

Richard Lee, a medical marijuana entrepreneur from Oakland who is the principal backer of the movement, told the L.A. Times he plans to raise $10 million to $15 million to fight the legalization campaign. And Lee's opponents are already beginning to line up to oppose the measure.

''We're going to talk about blood money, about trying to raise taxes on the backs of our youth,'' Bishop Ron Allen, head of the International Faith Based Coalition, told the Associated Press.

Another obstacle will be the conflict between state and federal law. Even if California passes the measure, marijuana will still be illegal under federal statutes. In an editorial this month, the L.A. Times argued:

Cannabis may be the nation's largest cash crop, but marijuana remains a Schedule I drug, deemed by the federal government to have a high potential for abuse, no accepted medical value and illegal to use under all circumstances. Perhaps Californians have been emboldened by their pioneering role in legalizing medicinal marijuana, but in truth, the conflict between state and federal law has had serious consequences for users and distributors caught in the federal web.

But, in a rebuttal, Tamar Todd argued that "there is nothing in the US Constitution that requires states to criminalize anything. We could scrap our entire penal code tomorrow if we wanted to. States get to decide state law, not Washington."

And Jacob Sullum at Reason.com argues that, while the feds may still want to enforce federal marijuana laws in California, they won't have the resources to prosecute cases that were previously handled by state authorities.

Share this article:
  • Print
  • email
  • Digg
  • Reddit
  • StumbleUpon
  • Twitter
  • Facebook

Story comments are below...

  • jkyte
    QUESTION!! okay i been doing research and all this has been saying is that the money will increase revenue... okay so how will the money be spent??? towards education? towards growing more? towards health care? towards fundings in companies? more money to make jobs? ....anything?
  • ITS HARD TO BELIEVE THAT NOW AFTER ALMOST 40 YRS OF SMOKING CANNIBIS THAT THE GOVERNMENT WOULD LEGALIZE IT FOR TAXATION PURPOSES . WHAT ABOUT ALL THE MONEY CALIFORNIA WASTED ,ON PROSICUTEING PEOPLE LIKE MY SELF OVER THREE JOINTS, 1N 1972 THE THE MALIBU SHERIFFS DEPARMENT SET ME UP AND PLANTED 3 LOUSY LITTLE JOINTS TO KEEP ME IN CUSTODY , ONLY THE JOINTS WERENT MINE , I WENT COURT , PLEDED NOT GUILTY , I TOLD THE JUDGE THOSE ARENT MY JOINTS , I ROLL MINE MUCH BIGGER THAN THAT, ANYWAY THE C.H.P. GOT ON THE STAND TO SAY THAT HE PICKED UP THE BACK SEAT OF THE PATROL CAR AND FOUND A BAG WITH THREE DOOBIES ,THEY MUST OF GOTTEN FROM SOME OTHER POOR HIPPIE , IT WAS AROUND TOPANGA BLUD ON THE COAST HWY .ONE ,ANY WAY THE THE JUDGE FOUND ME GUILTY , AND GAVE ME A 65 DOLLAR FINE ,I NEVER PAID IT ,BUT I WAS 20 YRS OLD THEN JUST GOT OUT OF THE ARMY,AND DIDNT HAVE MONEY TO GIVE WHAT I THOUGHT WAS CROOKED GOVERNMENT MEANING LOS ANGELES COUNTY THE CHP LIED , AND I NEVER TRUSTED LAW ENFORCEMENT SINCE,
  • winborn
    th time fo legalization is now washington needs to pull its head out of its ass and see the light for the first time in nearly 100 years
  • nathanjonson
    i think the legalization and taxation could be a blessing in disguise! it would generate soooo much money for the state, and for any other state for that mater. in the times when the economy is at a hault and millions of people are using marijuana anyway, we would save money by keeping people out of prison for petty crimes and make a bunch of money to recover the economy! its a win win situation! and in the process industrial hemp products would also skyrocket! keep in mind i am not a user of marijuana nor is anyone in my household but its very possible that i would start using....
  • nathanjonson
    i think its a great idea!!!!! the taxation would benifit the the state greatly! and almost every other state for that matter. Keep in mind im not even a user of marijuana!! i greatly hope this passes!!!!
  • Stevie
    When It passes, we must encourage a "Buy American Hemp" campaign as well! We consume too many imports already.
  • KILL-THE-TAXERS
    Taxing pot is for FAGS!
  • mookins
    Go away, troll.
  • KILL-THE-TAXERS
    No to pot tax! Don't tax God's gift to mankind! Darkness and misery will follow.
  • KILL-THE-TAXERS
    A tax on pot
    is a tax on God

    For the same reason we do not tax food, we should not tax pot.

    More taxes is not the answer. LESS SPENDING IS THE ANSWER.

    You cannot spend your way out of a recession. YOU MUST REPAY YOUR DEBTS AND SAVE YOUR MONEY.

    NO NEW TAXES *EVER*
  • Guest
    "Richard Lee, a medical marijuana entrepreneur from Oakland who is the principal backer of the movement, told the L.A. Times he plans to raise $10 million to $15 million to fight the legalization campaign." --- Sorry, but this is misleading. Lee is a major SUPPORTER of the campaign, and plans to fight FOR it. More here: http://latimesblogs.latimes.com/lanow/2010/01/m...
  • thefreedomship
    finally some sanity. California here I come!
  • RFWoodstock
    Valid medicinal value, it’s a victimless crime, the War on Drugs WAY too costly, too many arrests for simple possession, tax it and use the money to pay for health insurance and to reduce the deficit…Need I say more?

    Woodstock Universe supports legalization of Marijuana.

    We will giveaway a Woodstock Universe Prize Package to the best member blog on “Why we should legalize marijuana?”

    Prize package includes Woodstock Universe T-shirt and magnet, WDST decal, Radio Woodstock Live in Woodstock CD and Woodstock 3 days of peace and music Director’s Cut DVD.

    Join Woodstock Universe to blog or just vote in our poll.

    Add your vote in our poll about legalization at: WoodstockUniverse.com
    New poll…currently 95%...for 5% against.

    We operate RADIO WOODSTOCK 69 which features only music from the original Woodstock era (1967-1971) and RADIO WOODSTOCK with great live music from the original Woodstock era to today’s artists who reflect the spirit of Woodstock. We also operate Woodstock TV which features concert and festival videos.

    Peace, love, music, one world,
    RFWoodstock
  • quizmos
    State's Rights, anyone?
  • jimbo707
    The twisted logic of law enforcement,"Marijuana today is too strong. The THC levels are much higher than in the past, therefore you should not smoke weed that went from 9% to 24% THC....you should take pharmaceutical Marinol pills (which are 100%) THC. instead."
  • Calimann
    Citing the federal law is a weak argument, that law is obviously based on politics and not common sense. It is time to speak up for states rights, it's bad enough that California carries a bunch of states with populations the size of cities on it's back, we should not let them tell us how to live.
  • aubreyfarmer
    The government funds much of their illegal black ops programs through the drug trade. Demand for drugs is finite and the government has an infinite desire to control everything, thus ever more money is needed to run programs under the radar. If drugs are decriminalized, the cost of drugs will fall like the stock market on Black Friday. This would effectively cripple many of the illegal covert operations of the feds. Bottom line. The chances of decriminalization any time soon are slim to none. Bankers run the country and launder billions for the CIA. A war on drugs is just a front. The real war is on the competition. It looks like the CIA wants a monopoly and will stop at nothing to achieve this goal.
  • ks
    does anyone here remember prop 8 irregularities? no way are they gonna let it be legalized
  • Shall we let the voters decide?
  • mick
    did you know that Henry Ford originally wanted to have everybody affording a car and distilling their own fuel ...that fuel was ...wait for it ... alcohol !!!!! what happened next ....prohibition...go figure...
  • The teabaggers should be protesting FOR this, right? So, I guess they're not saying anything about it.
  • Elim
    If they charge too much to buy the shit, people will grow their own, and the underground economy buying and selling this stuff will continue as well.
  • mick
    bollocks ,if you can home grow ,everybody will have a friend that loves growing for the fun alone.I buy from a guy that doesn't smoke but loves growing manicured buds...power to him ...
  • youknowitforasecond
    If weed becomes legal in California, I'm moving and opening up a grow shop and selling nice ass fucking weed.
  • jaimada
    We had this same proposition, much before medical maryjane, (1972-1973) most of my buddies all pot smokers and surfers...neverr got out to vote- too stoned I guess
  • I have two words for you: electronic voting machines. Three words, I mean...

    The prop-8 votes in California were "off" on the electronic voting machines.
  • dennycrane
    ........"C'mon into Los Angolese, carrying in a couple of keys,
    don't touch my bags if you pleeze
    Mister TSA man"......Arlo Guthrie
  • captainfrank
    I'll never pay a pot tax. I don't give a flying fuck if it is illegal or legal.
  • Mike
    Agreed! No more new taxes!! The government should increase taxes on alcohol companies drug companies advertising dangerous products on my public airwaves.
  • markusgarvey
    you won't...why not?...do you drink alcohol?...smoke tobacco?... eat junk food?....
  • ryan
    The federal law is a red herring. If California legalizes, the federal law will be null and void here. This has to do with the 10th ammendment. Any power not granted to the federal government is reserved for the states. If both the federal government and the state government make something illegal, than there is no conflict and a 10th ammendment challenge does not work. The supreme court already ruled this. But once they are in conflict, the federal government will lose a constitutional challenge because there is no constitutional basis for the organization known as the DEA and their regulations.
  • It is interesting to research why hemp was made illegal in the first place... hemp is a phenomenally valuable agricultral product... rumours are that out of one acre of hemp you can make 4 times as much paper as from an acre of forest... and the owners of the forests back east (I heard something about Mellon from Carnegie-Mellon being a forest owner) were making sure that nothing could compete with their cash crop - trees!

    And for those who like smoking the stuff - if anybody really looked at the effects of pot you'd have to say it is harmless. I have seen angry drunk guys, but has anybody ever seen an aggravated stoner? So where was the danger from pot?

    God knows we'll need lots of weed just to cope if we cannot beat back the $%^&# Republicans.

    Go California!
  • Steven
    Don't forget about alcohol, tobacco, and the pharma industries that were and are largely responsible for pot prohibition. The partnership for a drug free America (the ones that make those ridiculous commercials) is funded by the likes of Merck, Bayer, Phillip Morris, R.J. Reynolds and Anheuser Busch.
    It isn't just the Republicans though... Democrats and Republicans alike are bought out by these companies to push their agenda. We need fresh thinkers who remember what our constitution stands for.
  • Elim
    Nooooooo! It can't be legalized! We'll all get reefer madness, just like the gummint says!
  • indi_progressive
    You must be mistaken (SARCASM) officially marijuana was banned because it makes Mexicans lazy and negroes rape white women...

    1936 - 1938: William Randolph Hearst's newspaper empire fuels a tabloid journalism propaganda campaign against marijuana. Articles with headlines such as Marihuana Makes Fiends of Boys in 30 Days; Hasheesh Goads Users to Blood-Lust create terror of the killer weed from Mexico.

    Through his relentless misinformation campaign, Hearst is credited with bringing the word marijuana into the English language. In addition to fueling racist attitudes toward Hispanics, Hearst papers run articles about marijuana-crazed negroes raping white women and playing voodoo-satanic jazz music.

    Driven insane by marijuana, these blacks -- according to accounts in Hearst-owned newspapers -- dared to step on white men's shadows, look white people directly in the eye for more than three seconds, and even laugh out loud at white people. For shame!

    1936: DuPont obtains a patent license to manufacture synthetic plastic fibers from German industrial giant I.G. Farben Corporation. The patent license is obtained as part Germany's reparation payments to the United States after World War I.

    A few years later, I.G. Farben manufactures deadly Zyklon-B gas, used in Nazi death camps to murder millions of Jews (along with many homosexuals and drug users). DuPont owned and financed approximately 30% of Hitler's I.G. Corps, the military-industrial backbone of the fascist Third Reich.

    1937: The year the federal government outlawed cannabis.

    -- DuPont patents petrochemical manufacturing processes for making plastics, as well as pollution-heavy sulfate/sulfite processes for producing wood pulp. For the next 50 years, these processes are responsible for 80% of DuPont's industrial output.

    --In its 1937 Annual Report, DuPont informs stockholders that the company anticipates radical changes from the revenue raising power of government... converted into an instrument for forcing acceptance of sudden new ideas of industrial and social reorganization.
  • marblex
    The end of drug related crime? Wow, feels like...1929...
  • indi_progressive
    I never thought I would see it in my life, HALLLLLLLLLLLELLLLLLLUJAAAAAAAHHHHHHHHHHH!!!!!!!!!!!!!!
  • fatboy318
    Population explosion?
  • markusgarvey
    imagine...driving down I-5 and Hwy 99 past huge fields full of industrial hemp....
  • donofcali
    Get ready for the flood of disinformation coming from all those who profit from cannabis prohibition: narcotics officers, lawyers, corporate prisons, politicians and mafia-financed political groups.

    They are all evil. I am confident that Californians will see through them this year.
  • tightstick
    No, judges,& cops are disgusted with prohibition, also. Go to L.E.A.P. and see what they have to say. They are sick of stupid, harmful, laws causing stupid, harmful, problems. Politicians letting the religious types own them are the problem.
  • turnip
    Like a who's who of parasites, and grief feeders.
  • tom p
    Let's not forget the Purveyors of Alcohol, who would like all pot continue to be criminalized so as not to cut into their profits.
  • Kat
    If this passes, I would like to move to California. But for my state to legalize, I will have to live in my current state and vote. I will definatly visit California
  • Elim
    Be sure to buy a bunch of pot while you're here, and transport it back in your trunk.
  • teeC
    This is great!!! The only fear I have is that it will become controlled by pharmaceutical companies and corporations. Making it hard for the average citizen to get a proper license to grow and distribute. Much like the tobacco plant.
  • markusgarvey
    excellent point...
  • donofcali
    You won't need any license, as every citizen will be free to grow it legally and use it. Distribution is only a commerce issue. This will drive down the price of cannabis so low that the Mexican cartels will see their profits absolutely decimated.
  • festernaecus
    Well, I agree that legalization is a plus. However, I doubt that it will affect the price in any way but to increase it. Look at the prices in dispensaries vs. the prices your dealer charges. The tax money has to come from somewhere. Furthermore, unless you smoke the shittiest of the shit-schwag, chances are it's not coming from any "mexican cartel". At least if you're anywhere on the west coast.
  • Elim
    The Mexican cartels are employing their people already living here to grow it on public lands. Then their distributors take over. I live in Cali too, and I haven't seen Mexican weed in almost 30 years.
  • AnzaSummer
    Under Citizens United, would Mexican Drug cartels be able to finance a campaign against it?
  • Elim
    They won't need to. They already have many infiltrators in the state legislatures, particularly in the border states.
  • jimbeaux
    I can hardly wait til' the Citizens United / SCOTUS decision backfires - laws always have unintended consequences.
  • Elim
    Justice Sam Alito begs to differ. Sam says, "That's not true". Whatever.
  • markusgarvey
    better yet...they will go somewhere else...like Texas...
  • harrythebastard
    Since Obama is such a radical leftist, I just assumed pot had already been legalized.
  • tell the pioneers of this trend "on to illinois!!!!!"
  • Hologram5
    Then Washington State!
  • hillcrestdenizen
    Factor into the equations the money that will be save by not having law enforcement running around busting people for blazing.
  • teeC
    Also all the growers/users/distributors in jail living of the peoples taxes for a victimless crime.
  • davidrvelasquez
    ....be sure to wear, some flowers in your hair! '

    Just goofin'.... I love my birth state!
  • scytherius
    Well, I'll def go to the polls to vote for this.
  • blargh
    >Richard Lee, a medical marijuana entrepreneur from Oakland who is the principal backer of >the movement, told the L.A. Times he plans to raise $10 million to $15 million to fight the >legalization campaign.

    Do you mean he's raising money to fight prohibition or legalization?
  • Fight prohibition. He's the principle backer, why would he be against it?
  • markusgarvey
    lots of people will be moving to Cali...
  • scytherius
    Hope so. We could use the tax revenue.
  • Rexozone
    Pot and single payer health care.
    A one two punch.
    Everyone will be California Dreamin'

    It's the antidote to Insurance Companies and the Supreme Court representation of Phillip Morris.
  • DownriverDem
    Wow. I love it.

    In Michigan we passed medical marijuana and ever since the state has been trying to make it difficult to get it. We could really use the tax money here. The Repubs are going to take over the governorship this year, and I look to them to make it illegal. Folks never understand that a vote for a Repub means repression and pain.
  • Susie
    IT"S NOT JUST REPUBS! Dems are just as much to blame, they are just an iron fist in a velvet glove. We have a one party system contrary to the popular belief of two parties. They are both controlled by the same corporate puppet masters.
  • donofcali
    Typical behavior of the idiotic republicons:
    Michigan, with all its very serious financial problems and very serious unemployment problems, spends a sizable portion of its precious state government resources on doing battle against the citizens.
  • scytherius
    ". . . a vote for a Repub means repression and pain.""

    A slogan for the ages.
  • fiftysomething
    I hope this works out. Most reasons against legalizing are bogus. I'm not advocating driving while smoking it butI don't even think driving under the influence of pot is as remotely dangerous as claimed although first time smokers may drive only 5 mph while high. Paranoia in unexperienced smokers may affect their driving . Hopefully some would see this as alternative to drinking or taking more dangerous drugs. If you haven't tried it , you should. It's especially good if you can sit w/some friends, relax and socialize.
  • Mookins
    I think it was Car and Driver magazine that around 1979 did a test of driving and marijuana, with about a dozen of their staff on a pylon course set up in a big parking lot.

    They expected to see the same impairment of performance that alcohol would produce, and were surprised to find none. They said that although they wouldn't feel right about driving as stoned as they were, their competence was undiminshed in terms of reaction time and vehicle control.

    Marijuana isn't alcohol.
  • Steven
    http://www.youtube.com/watch?v=6Z5jkYvKscw

    This is from a Tv Show were they tested the effects of pot and driving. Guess what....he did better after smoking!
  • Guest
    It makes you drive too slowly, though. But maybe this isn't such a bad thing.
  • Phil E. Drifter
    Federal law has no jurisdiction over what a state does within it's own borders. Federal law only comes into play when there is commerce between two or more states.

    yes I know the Supreme Court ruled on it but I'm talking Constitution here.

    It's not a war on (some) drugs it's a war on minorities to replace outlawed slave labor with prison labor.

    Read:
    http://tinyurl.com/1mn
    http://tinyurl.com/g0v74
    http://tinyurl.com/potconviction
    http://tinyurl.com/waronminorities


    Initiative would legalize marijuana
    http://www.spokesman.com/stories/2010/jan/12/in...
    Juveniles, intoxicated drivers would still face state penalties

    Legalization bills have also been introduced in [Washington,] California, Massachusetts, New Hampshire and Nevada, and a group campaigning to place a marijuana legalization measure before California voters said last month that it has enough signatures to qualify for this year’s ballot.
  • CarlPagan
    It's about time to move to California :)
  • Phil E. Drifter
    Need a roommate?
  • gulch
    i'm in
  • easterling
    All this BS over a plant?

    We, the USA would have been so much better off had we been colonized by Sweden, Norway or Denmark.

    F'ing Insano Pilgrrim m'fers have to control every aspect of everyone else's life while they rape, pillage and do their major crimes against nature and humanity while claiming special knowledge of G*D. WTF!
  • scytherius
    NO kidding. We got the religious fanatics, uneducated and criminals.
blog comments powered by Disqus