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Developments in the States
California. (April 19, 2010). The Ammiano bill has been refiled in the legislature as AB2254, but all eyes currently are on this November's initiative. If enacted, everything will change.
The Ammiano bill, AB 390, to regulate and tax the cannabis industry, was
heard on October 28, at which time a representative of the Board
of Equalization provided the foundation for the Board's estimate that
legal cannabis would produce aproximately $1.4 billion in
new revenue for the state. The bill is dead for this session, but
Rep. Ammiano has said he may re-introduce it, depending on on what happens
in November (below).
Additionally, four legalization
initiatives are working their way toward the ballot for November
2010. Three have been certified by the Secretary of State's office
to start collecting signatures. If at least one of them passes, and
the state or localities start collecting significant tax revenue, prohibition
(in my opinion) will fall like the Berlin Wall.
As March 25, 2010, one of them, the Lee initiative (a local-option measure)
has been certified by the Secretary of State to appear on the ballot in
November of 2010.
The Lee Initiative is a local-option initiative, that is, instead of setting
up a statewide system of regulation taxation, such as the Massachusetts bills,
it allows individual cities and counties at their option to regulate and
tax cannabis production, distribution, and sales... and keep the revenue...
while Sacramento watches.
For lots more on California, go to the dedicated pages.
Colorado amended its state constitution
to allow medical marjnana in 2000, permiting possession and
cultivation of marijuana by patients and caregivers. Dispensaries
have proliferated, with varying levels of welcome. A vibrant organization,
Sensible Colorado, is providing the leadership to get a tax and regulate
initiative on the November, 2012, ballot. An article in the Denver Westword on November 25, 2009,
describes the notable efforts of Mason Tvert and Brian Vicente.
And, Colorado is where municipalities are being heard: both
Denver and Breckenridge have voted to repeal their local prohibition
laws, and others are not far behind.
Nederland did it in early April, 2010.
A legalization initiative is said to be in the works for 2012.
Massachusetts news is in a separate section.
Nevada. Attempts were made in
2002 and 2006 to tax and regulate cannabis by initiative, but neither
gained sufficient votes. A tax and regulate initiative is in the works
for the 2012 balllot, organized by Nevadans for Sensible Marijuana Laws.
The exact language of the initiative is expected to be filed with the Secretary of State in January, 2010. Organizers
need to collect 97,002 signatures by November 2010 to qualify for the
2012 ballot. That presumes the legislature doesn't act in 2011.
New Hampshire. A regulation and taxation
bill has been filed for the 2010 session. As with the bill in Massachusetts, it doesn't seem to be going anywhere.
Oregon. Two initiatives have been
submitted to the Secretary of State's office for official ballot titles,
and then the organizers will start collecting signatures. The two initiatives
are the Oregon Cannabis Tax Act, and the Oregon Cannabis Tolerance Act. The latter is described
by organizers as a "backup" to the former.
Rhode Island. In June of 2009,
the Rhode Island Senate adopted S 1032, a resolution creating a special senate commission
to study the prohbition of mariuana. The Commission is charged with
making a comprehensive study, and issue findings, about the wisdom
and effficacy of prohibition, in particular whether the prohibition
laws accomplish their ostensible goals, namely, the curbing of abuse,
especially among young people, the protection of public health and safety,
and the eradication of the crime and violence associated with illicit
trafficking. A final report is expected by January 31, 2010. The
Commission's findings will provide a basis for serious policy reform
in that state, and elsewhere. Significantly, the Commission contains
attorneys, medical professionals and academics, and not law enforcement
officials. More here and here.
In February, 2010, a regulation and taxation bill was filled in the legislature, H 7638. More here. And here is a website dedicated to marijuana reform in Rhode Island. The hearing on H7638 occured on April 15.
Washington. A tax and regulate bill was filed for the 2010 legislative
session, and taken up by the Public Safety Committee on January 19,
where it was defeated by a vote of 6-2. However, a remarkable initiative
may well be on the November 2010 ballot, sponsored by Sensible Washington.
What's remarkable about the initiative is that it is what is known as
a "cession" law, as it merely repeals the state prohibition laws and replaces
them with nothing, thus ceding full responsibility of prohibition
enforcement to federal authorities, just like the Curvillier bill in New
York State did in 1923 with regard to alcohol. Technically the new
law, if passed by the voters, would not legalize marijuana, as it would
remain illegal under federal law. To qualify for the ballot, the organizers
must submit 241,153 valid signatures to the Secretary of State by July 2,
2010.
Here's an update from April 20, 2010. Another of May 18, 2010. May 24.
A new poll puts support for legalization in Washington at 52%!
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