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REPORT
on the marijuana
legalization hearings before the Public Safety Committee of the California
Assembly on October 28, 2009From: Dale Gieringer <dale@canorml.org> Date: October 30, 2009 4:03:52 PM EDT CALIFORNIA HEARINGS ON MARIJUANA LEGALIZATION - AN EYEWITNESS REPORT > > Video of the California Assembly Public Safety Committee > > hearing on marijuana legalization may be found at: > > http://www.calchannel.com/channel/videos/ (if you can get it to > > downstream properly). > > > > SACRAMENTO Oct 28th, 2009 - Wednesday's hearing on marijuana > > legalization by the California Assembly Public Safey Committee was a > > momentous and exhilarating event. Not only was it historical - the > > first time that legalization has been discussed before the state > > legislature - but it also felt like the beginning of a movement > > with the potential to finally make the "L-word" a reality. > > Assemblyman Tom Ammiano deserves credit for organizing the > > hearing, presiding graciously, and keeping the proceedings on > > schedule. Republican Vice-Chair Curt Hagman, while no ally of > > legalization, deserves credit for asking thoughtful questions. The > > hearing was devoted to marijuana legalization in general, not > > specifically to Ammiano's bill or the pending initiatives, though > > mention was made of them. The committee specifically focused on > > law enforcement and public safety issues, leaving debate on > > marijuana's health effects for possible future consideration by the > > Health Committee. > > Overall, our side was sharp and on-target, while our opponents > > (in my admittedly biased opinion) seemed lame and defensive. At > > several points, they unwittingly bolstered our own case by dwelling > > on the horrific problems of outlaw growers and Mexican drug traffic > > organizations - as if these weren't an artifact of prohibition, but > > rather somehow inherent in marijuana itself. > > The first panel at the hearing was devoted to testimony by the > > Legislative Analyst's Office and state Board of Equalization on the > > economic impact of legalization. The LAO estimated that marijuana > > enforcement costs the state some tens of millions of dollars per > > year - lower than the hundreds of millions commonly estimated by our > > side. The BOE explained the details of their estimate that > > legalization could net the state$ 1.4 billion in taxes assuming a > > $50/ounce excise tax - an amount comfortably in line with our > > estimate at Cal NORML. > > Overall, our side was sharp and on-target, while our opponents > > (in my admittedly biased opinion) seemed lame and defensive. At > > several points, they unwittingly bolstered our own case by dwelling > > on the horrific problems of outlaw growers and Mexican drug traffic > > organizations - as if these weren't an artifact of prohibition, but > > rather somehow inherent in marijuana itself. > > The first panel at the hearing was devoted to testimony by the > > Legislative Analyst's Office and state Board of Equalization on the > > economic impact of legalization. The LAO estimated that marijuana > > enforcement costs the state some tens of millions of dollars per > > year - lower than the hundreds of millions commonly estimated by our > > side. The BOE explained the details of their estimate that > > legalization could net the state$ 1.4 billion in taxes assuming a > > $50/ounce excise tax - an amount comfortably in line with our > > estimate at Cal NORML. > > The second panel focused on the constitutional issues confronting > > legalization, in particular the state-federal conflict. Tamar Todd > > of DPA and Allen Hopper of the ACLU argued that California could > > change its law to legalize marijuana regardless of federal law, > > while Martin Mayer, attorney for the California Peace Officers' > > Association, argued that true legalization would be impossible until > > federal law is changed. > > The next panel focused on the effects of legalization on the > > criminal justice system. The ugly face of anti- bigotry was > > represented by John Standish, President of the California Police > > Officers' Association, who blamed marijuana for a long list of > > social ills. His reefer madness rant was cut off by Ammiano when he > > strayed into the forbidden topic of pot's health hazards. Asked to > > choose between fighting marijuana and methamphetamine, Standish > > refused, calling them equally critical problems. > > In perhaps the most stupefying testimony, Sara Simpson, > > assistant chief of the Bureau of Narcotics enforcement, bewailed > > the evils of outlaw growers and Mexican drug traffickers, then > > voiced concerns that legalization would somehow tighten their grip > > on California. (Ms Simpson had the lost look of a bureaucrat who > > did not necessarily believe the words she was mouthing.) > > Dan MacAllair of the Center on Juvenile and Criminal Statistics > > struck a blow for our side by noting that arrests for marijuana > > possession have increased dramatically in California during a period > > when arrests for other offenses have declined, making the case that > > police are spending too much time on marijuana. > > Former S.F. District Attorney Terence Hallinan testified how in > > his experience marijuana arrests had taken up a major amount of time > > at the office, even though San Francisco is thought to be pot- > > tolerant. > > The final panel discussed marijuana and drug policy. Once again, > > law enforcement presented an ugly face. The grim, ramrod-straight > > Police Chief of El Cerrito, Scott Kirkland, who chairs the Cal > > Police Chief Assoc. Task Force on Medical Marijuana, spewed half- > > baked distortions and allegations about MJ, while Sally Fairchild, > > of the AG's High Intensity Drug Trafficking office, led off with a > > moment of silence for the DEA agents who were shot down in > > Afghanistan while on duty protecting us from dangerous drugs. > > Speaking for neither side, economist Rosalie Pacula of the RAND > > Corporation cautioned that all projections about marijuana revenues, > > supply and demand are based on highly uncertain assumptions, making > > it impossible to predict the impact of legalization with any > > certainty. > > On our side, Rev. Mary Moreno Richardson from San Diego testified > > about her experience working in drug treatment programs and with > > battered wives, who she noted are frequently beaten by drunken > > husbands but never by those using marijuana. > > Judge James Gray took pains to explain how legalization would > > undercut criminal drug dealers, whereas present policy endangers > > children by involving them in the criminal market. Judge Gray also > > urged that any legalization legislation ban advertising. > > Speaking for the users, I testified that pot smokers were sick of > > being treated as criminals and would prefer to be law-abiding, tax- > > paying citizens. I corrected derogatory charges about the > > Netherlands that had been made by Chief Kirkland, pointing out that > > not only did it compare favorably to other foreign countries, but it > > also had half the marijuana use rate of the US. Finally, I pointed > > to the successful example of India, where cannabis production and > > distribution were legally taxed and regulated in several states up > > until 1986 (when India was compelled to prohibit it by the UN treaty). > > The last minutes were devoted to public comment, with speakers > > having 30 seconds each to express their views. Among them were many > > folks on this list, as well as numerous opponents. Phil Smith of > > DRCNet wound up with the last word, remarking that all he wanted was > > to be left alone, and he would be willing to pay taxes in return. > > After the hearings, we visited various legislative offices to lobby > > for AB 390. We were well received, although it was clear that > > legislators are not about to rush headlong into endorsing specific > > legislation. For the first time, legalization is being taken > > seriously in Sacramento, but there remain serious questions that > > need to be addressed to convince lawmakers and the public that we > > have a solid, workable solution. Major reforms don't happen > > overnight, but it finally feels like we are making progress. > > - D. Gieringer > > > > -- > > Dale Gieringer - dale@canorml.org > > California NORML, 2215-R Market St. #278, San Francisco CA 94114 - > > (415) 563- 5858 - www.canorml.org |