HOME

TheInfoList



OR:

The Marijuana Control, Regulation, and Education Act, also known as California Assembly Bill 390 (A.B. 390) and later Assembly Bill 2254 (A.B. 2254), is the first bill ever introduced to
regulate Regulate may refer to: * Regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology Biology is the scientific study o ...
the sale and use of
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in variou ...
in the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the ...
. If passed and signed into law, marijuana would be sold and taxed openly to adults age 21 and older in California.
Tom Ammiano Tom Ammiano (born December 15, 1941) is an American politician and LGBT rights activist from San Francisco, California. Ammiano, a member of the California Legislative LGBT Caucus, served as a member of the California State Assembly from 2008 to ...
, a Democrat representing
California's 13th State Assembly district California's 13th State Assembly district is one of 80 California State Assembly districts. It is currently represented by Democrat Carlos Villapudua. District profile The district consists of western San Joaquin County, including the east ...
, introduced this piece of legislation on February 23, 2009, arguing that the bill will "tax and regulate marijuana in a manner similar to alcohol." As introduced, this proposal is estimated to raise over $1 billion in annual revenue by taxing the retail production and sale of marijuana for adults 21 years of age and older. To obtain a commercial grow license one would pay an initial $5,000 fee, then a $2,500 fee each year after that. A tariff of $50 per ounce would also be placed on all sold and grown marijuana. The bill has gained much media attention, statewide and nationally. The bill was not approved by the Health Committee before a January 15 deadline, effectively killing the bill until it was reintroduced in 2010 as A.B. 2254 and the process continued. Recent polls say 56% of Californians favor taxing and regulating marijuana. In November 2010, the failed
Proposition 19 Proposition 19 may refer to a California ballot initiative: *2020 California Proposition 19 California Proposition 19 (2020), also referred to as Assembly Constitutional Amendment No. 11, is an amendment of the Constitution of California that was ...
was posed to Californian voters, and would have effectively made possession and cultivation of marijuana legal for citizens over the age of 21. The bill was reintroduced as Marijuana Control and Regulation Act of 2010 in slightly different form as Assembly Bill x6 9


Introduction of the bill

Democrat
Tom Ammiano Tom Ammiano (born December 15, 1941) is an American politician and LGBT rights activist from San Francisco, California. Ammiano, a member of the California Legislative LGBT Caucus, served as a member of the California State Assembly from 2008 to ...
from the California State Assembly's 13th district, introduced the Marijuana Control, Regulation and Education Act during the
California budget crisis California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
. The bill is designed to raise revenue for the state, but it also provides funding for the education of discouraging substance abuse, as mentioned in the name. As Mr. Ammiano introduced the bill, he is quoted saying: A
UC Santa Cruz The University of California, Santa Cruz (UC Santa Cruz or UCSC) is a public land-grant research university in Santa Cruz, California. It is one of the ten campuses in the University of California system. Located on Monterey Bay, on the edge of ...
study shows that people living in Cannabis-tolerant cities like
Amsterdam Amsterdam ( , , , lit. ''The Dam on the River Amstel'') is the Capital of the Netherlands, capital and Municipalities of the Netherlands, most populous city of the Netherlands, with The Hague being the seat of government. It has a population ...
and
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
are no more or less likely to use the drug. Prominent economists, specifically
Jeffrey Miron Jeffrey Alan "Jeff" Miron (; born January 31, 1957) is an American economist. He served as the chairman of the Department of Economics at Boston University from 1992 to 1998, and currently teaches at Harvard University, serving as a Senior Lectur ...
, support the regulation of ''Cannabis'' due to the heavy violence across the U.S. and Mexico border. Economists argue that regulation would put infamous drug cartels, especially
Los Zetas Los Zetas (, Spanish for "The Zs") is a Mexican organized crime, criminal syndicate, regarded as one of the most dangerous of Mexico's drug cartels. They are known for engaging in brutally violent "shock and awe" tactics such as Decapitation#Mex ...
, out of business, improve safety standards and allow for more open research about the drug.
Cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternativel ...
is also believed to be California's number one
cash crop A cash crop or profit crop is an agricultural crop which is grown to sell for profit. It is typically purchased by parties separate from a farm. The term is used to differentiate marketed crops from staple crop (or "subsistence crop") in subsiste ...
. In California, marijuana is a $14-billion
black market A black market, underground economy, or shadow economy is a clandestine market or series of transactions that has some aspect of illegality or is characterized by noncompliance with an institutional set of rules. If the rule defines the ...
, putting it above vegetables ($5.7 billion) and grapes ($2.6 billion). AB 390 is projected to allow an additional economic benefit of $12 –18 billion.


Proponents

* Orange County Superior Court Judge James Gray estimates that legalizing marijuana and thus ceasing to arrest, prosecute, and imprison nonviolent offenders could "save the state $1 billion a year." * Marijuana law reform groups such as
Drug Policy Alliance The Drug Policy Alliance (DPA) is a New York City–based nonprofit organization that seeks to advance policies that “reduce the harms of both drug use and drug prohibition, and to promote the sovereignty of individuals over their minds and b ...
,
NORML The National Organization for the Reform of Marijuana Laws (NORML ) is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. Acc ...
,
Marijuana Policy Project The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff. Its stated aims are to: (1) increase public support for non-pu ...
and Campaign Against Marijuana Prohibition CAMP 420 also support the bill.


Opponents

* John Lovell, lobbyist for the California Correctional Peace Officers Association, opposes the bill and is quoted saying "the last thing we need is another mind-altering substance to be legalized."


Timeline


2009

A.B. 390 * February 23 — Read for the first time. To print. * February 24 — From printer. May be heard in committee on March 26. * March 9 — Referred to California State Assembly's Public Safety and Health Committees. Delayed until March 31. * March 31 — Delayed: The bill is expected to be heard early 2010.


2010

* January 12 — Bill passes California State Assembly's Public Safety Committee on a 4–3 vote. * January 15 — Deadline for the Bill to be heard and passed by the Health Committee or have to be reintroduced A.B. 2254 * February 18 — Read first time. To print. * February 19 — From printer. May be heard in committee March 21. * March 11 — Referred to Coms. on PUB. S. and HEALTH. * November 30 — From Committee without further action Information about the bill, including current status and history, can be found o
California's Legislative Website


See also

*
Cannabis in California Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with t ...
*
Drug policy of California Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales s ...
*
Legality of cannabis The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These ...
* Decriminalization of non-medical cannabis in the United States *
Places that have decriminalized non-medical cannabis in the United States In the United States, the non-medical use of cannabis is legalized in 21 states (plus Guam, the Northern Mariana Islands, and the District of Columbia) and decriminalized in 10 states (plus the U.S. Virgin Islands) as of November 2022. ''Decr ...
* ''
Gonzales v. Raich ''Gonzales v. Raich'' (previously ''Ashcroft v. Raich''), 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown ...
'' *
California Proposition 215 (1996) Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5 ...
* California Proposition 36 (2000) *
California Proposition 5 (2008) California Proposition 5, or the Nonviolent Offender Rehabilitation Act (or NORA) was an initiated state statute that appeared as a ballot measure on the November 2008 ballot in California. It was disapproved by voters on November 4 of that year. ...
*
California Proposition 19 (2010) California Proposition 19 (also known as the Regulate, Control & Tax Cannabis Act) was a ballot initiative on the November 2, 2010, statewide ballot. It was defeated, with 53.5% of California voters voting "No" and 46.5% voting "Yes." If pass ...
*
Controlled Substances Act The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States ...
*
National Organization for the Reform of Marijuana Laws The National Organization for the Reform of Marijuana Laws (NORML ) is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. Acc ...


References


External links


Full text of Assembly Bill 390

AB 390 News & Videos - Bill Vote Date - Full Bill PDF
{{cannabis 2009 in California 2009 in cannabis Cannabis law in California Proposed laws of California