Thursday, September 23, 2010

California Proposition 19

Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010, is a California ballot proposition which will be on the November 2, 2010 California statewide ballot. It legalizes various marijuana-related activities, allows local governments to regulate these activities, permits local governments to impose and collect marijuana-related fees and taxes, and authorizes various criminal and civil penalties. In March 2010 it qualified to be on the November statewide ballot. It requires a simple majority in order to pass. Yes on 19 is the official advocacy group for the initiative.

As of September 2010, even if the proposition is passed, the sale of marijuana will remain illegal under federal law via the Controlled Substances Act.

Effects of the bill
According to the State of California analysis, the bill will have the following effects.

Legalization of personal marijuana-related activities
Persons age 21 and older:

May possess up to 1 ounce (28 g) of marijuana for personal consumption.
May use marijuana in a non-public place such as a residence or a public establishment licensed for on site marijuana consumption.
May grow marijuana at a private residence in a space of up to 25 square feet (2.3 m2) for personal use.
Local government regulation of commercial production and sale
Local government may authorize the retail sale of up to 1 ounce of marijuana per transaction, and regulate the hours and location of the business.
Local government may authorize larger amounts of marijuana for personal possession and cultivation, or for commercial cultivation, transportation, and sale.
Allows for the transportation of marijuana from a licensed premises in one city or county to a licensed premises in another city or county, without regard to local laws of intermediate localities to the contrary.
Imposition and collection of taxes and fees
Allows the collection of taxes specifically to allow local governments to raise revenue or to offset any costs associated with marijuana regulation.
Authorization of criminal and civil penalties
Maintains existing laws against selling drugs to a minor and driving under the influence.
Maintains an employer's right to address consumption of marijuana that affects an employee's job performance.
Maintain existing laws against interstate or international transportation of marijuana.
Every person 18 years of age or older who hires, employs, or uses a minor in transporting, carrying, selling, giving away marijuana, or knowingly sells or gives away marijuana to someone under the age of 14, shall be imprisoned in state prison for a period of three, five, or seven years.
Every person 18 years of age or older who knowingly sells or gives away marijuana to someone older than the age of 14 but younger than 18, shall be imprisoned in the state prison for a period of three, four, or five years.
Every person 21 years of age or over who knowingly sells or gives away marijuana to someone older than the age of 18 but younger than 21, shall be imprisoned in county jail for up to six months and fined up to $1,000 per offense.
Any person who is licensed, permitted, or authorized to sell marijuana, who knowingly sells or gives away marijuana to someone under the age of 21 results in them being banned from owning, operating, or being employed by a licensed marijuana establishment for one year.
Fiscal impact
In the time leading to 2010, California's state government's budget deficit has grown to be the largest of all American states. The State Board of Equalization has estimated that imposing a $50 per ounce levy on marijuana sales could generate $1.4 billion a year in new tax revenue, thus generating a large amount of revenue at a time when the state is experiencing financial pressure.

According to the States Legislative Analyst's office the following fiscal impact would result from the bill:

Result in significant savings to state and local governments, potentially up to several tens of millions of dollars annually due to reduction of individuals incarcerated, on probation or on parole.
Cells currently being used to house marijuana offenders could be used for other criminals, many of whom are now being released early because of a lack of jail space.
Major reduction in state and local costs for enforcement of marijuana-related offenses and the handling of related criminal cases in the court system, providing the opportunity for funds to be used to enforce other existing criminal laws.
Potential increase in the costs of substance abuse programs due to speculated increase in usage of marijuana, possibly having the effect of reducing spending on mandatory treatment for some criminal offenders, or result in the redirection of these funds for other offenders.
The measure could potentially reduce both the costs and offsetting revenues of the state's medical marijuana program as some adults over 21 would be less likely to participate in the existing program as obtaining marijuana would be easier for those patients.
The measure would provide the opportunity for significant additional revenues as the result of the taxation of sales and businesses engaged in commerce relating to marijuana.
There would be a reduction in fines collected under current state law but a possible increase in local civil fines authorized by existing local laws.
The cumulative effect on fines is largely unknown.

Thursday, September 2, 2010

In 1975, Alaska removed all penalties for possession of cannabis under 28.349 grams (one ounce) in one's residence or home. Sale of less than 28.349 grams is a misdemeanor, punishable by up to a year in jail and up to a $5,000 fine;[1] at the time, in most states sale of less than 28.349 grams was a felony offense.

With the 1975 Ravin v. State decision, the Alaska Supreme Court declared the state's anti-drug law unconstitutional with respect to possession of small amounts of cannabis, holding that the right to privacy guaranteed by the Constitution of Alaska outweighed the state's interest in banning the drug. Ravin continues to be followed since the Alaska constitution has not been amended to prohibit, or permit the prohibition of, less than 28.349 grams of cannabis, an anti-cannabis initiative passed in 1990 and an anti-cannabis piece of legislation passed in 2006 remain inoperative. This allows possession of fewer than 25 plants in one's residence or home. The sale or delivery of marijuana is still considered a crime.

Cannabis is not decriminalized on a statewide basis.

On November 7, 2006, Eureka Springs, Arkansas passed "Cannabis as Low Police Priority" Initiative by 62-38 percent. The ordinance directs local law enforcement to issue a summons in lieu of a criminal arrest for adults age 18 and over to be found in possession of up to one ounce of cannabis and/or cannabis paraphernalia.[6] Cannabis offenses will be punished by a fine, community service, or drug counseling and education, but will not be punishable by arrest.

On November 4, 2008, the city of Fayetteville made possession of less than one ounce the lowest priority for local law enforcement.

On January 1, 1975, Senate Bill 95[8] made possession under one ounce of cannabis for non-medical use punishable by a $100 fine; stricter punishments exist for amounts exceeding an ounce, possession on school grounds, or subsequent violations or for sale or cultivation. If the offender is under the age of 21, his or her driver's license may be suspended for up to one year.

On November 7, 2000, Proposition 36 was passed by 61-39 percent. The proposition allowed first and second time non-violent simple drug possession offenders the option to receive drug treatment and legal probation instead of incarceration.

On February 23, 2009, Assembly Bill No. 390 - California: Marijuana Control, Regulation, and Education Act was introduced by California State Assembly member Tom Ammiano, a Democrat representing California's 13th State Assembly district. The passing of this bill would legalize marijuana in California. This bill would also tax and regulate the cultivation and sale of marijuana. The state's tax collectors estimate the measure would bring in about $1.3 billion in new revenues a year plus cost savings from prisons.

In April 1973, Berkeley passed The Marijuana Ordinace I (BMI I), which forbid law enforcement from arresting persons for cannabis related crimes unless cleared by the City Council. In the case Younger v. Berkeley City Council, an Alameda County Superior Court Judge Lionel Wilson struck down BMI I because it violated city code that states the City Manager has discretion over police personnel.

In 1979, Berkeley passed The Marijuana Ordiance II (BMI II), which made the enforcement of cannabis laws--including cultivation, sale, and transport—-the lowest priority for law enforcement, banned the expenditure of funds for enforcement of cannabis statutes, allowed residents to grow cannabis and report any theft of cannabis plants to law enforcement, and directed the City Council to lobby in favor of the decriminalization and legalization of cannabis.

In 2000, Mendocino County became the first county in the United States to repeal any type of punishment for non-medical personal use of cannabis when Measure G passed, by a vote of 58-42 percent. The Green Party-sponsored Measure G provides protection from law enforcement for persons possessing no more than 25 adult female flowering cannabis plants or the equivalent in dried cannabis. This measure was however modified in 2008 by Measure B by 52-48 percent.

On November 3, 2004, Oakland passed Proposition Z, by a vote of 65-35 percent. Proposition Z made personal adult use, distribution, sale, cultivation, and possession of non-medical cannabis, the lowest priority for law enforcement. Proposition Z will allow the licensing, taxing, and regulation of cannabis sales if California law is amended to allow so. The proposition states the city of Oakland must advocate to the state of California to adopt laws to regulate and tax cannabis.

On November 7, 2006, Santa Barbara, passed Measure P, by a vote of 66-34 percent. Measure P made non-medical cannabis offenses the lowest priority for law enforcement; this does not apply to the cultivation, distribution, sale, public use, or driving under the influence.

On November 7, 2006, Santa Cruz passed Measure K, by a vote of 64-36 percent. Measure K made adult non-medical cannabis offenses the lowest priority for law enforcement; this does not apply to cultivation, distribution, sale in public, sale to minors, or driving under the influence. The measure requests the Santa Cruz city clerk send letters annually to state and federal representatives advocating reform of cannabis laws.

In 2006, the San Francisco Board of Supervisors passed a cannabis ordinance, by a vote of 8-3. This ordinance made adult cannabis offenses the lowest priority for law enforcement; this does not apply to the sale in a public place or driving under the influence. The ordinance states that the San Francisco government will urge state and federal authorities to enact similar laws.

On November 7, 2006, Santa Monica passed Measure Y, by a vote of 65-35 percent. Measure Y made cannabis offenses the lowest priority for law enforcement. The measure states the city clerk of Santa Monica will encourage state and federal authorities to adopt similar laws.

In 2006, West Hollywood City Council passed a cannabis resolution, by a vote of 4-0, which made West Hollywood the first city in Southern California to adopt a lowest law enforcement priority law for cannabis offenses. The resolution stated "it is not the policy of the City or its law enforcement agency to target possession of small amounts of cannabis and the consumption of non-medical cannabis in private by adults".

In 1975, Colorado made possession under a one ounce of cannabis a petty offense punishable by a $100 fine; stricter punishments exist for possession over an ounce, sale, cultivation, or use or display in public.

In the November 2000 general election, Coloradoans passed Amendment 20, and the Colorado Department of Public Health and Environment (CDPHE) was tasked with implementing and administering the Medical Marijuana Registry program. In March of 2001, the State of Colorado Board of Health approved the Rules and Regulations pertaining to the administration of the program, and on June 1st, 2001, the Registry began accepting and processing applications for Registry Identification cards. For years, patients could get small amounts of medical marijuana from "caregivers," the term used for growers and dispensers who could each supply only five patients. However, in 2007, a court lifted that limit and thus began what Coloradoans are referring to as the "Green Rush"--a medical marijuana business boom. Between 2000 and 2008, the state issued only about 2,000 medical marijuana cards to patients. By 2009, that number skyrocketed to more than 60,000 due to the unlimited amount of patients the dispensaries are now able to provide care for.

On November 1, 2005, Denver passed the Denver Alcohol-Marijuana Equalization Initiative, by a vote of 54-46 percent. This initiative repealed municipal penalties for possession of one ounce of cannabis, but only for persons age 21 and older. However, this conflicts with state law, so police can still arrest for possession of cannabis because Colorado state and federal penalties remain in effect.

On November 7, 2007, Denver passed an initiative to make cannabis the "lowest law enforcement priority". This was the third cannabis initiative sponsored by Safer Alternative for Enjoyable Recreation. Unfortunately, officials seemed to disregard the "lowest law eforcement priority" law and arrests increased the following years.

On November 4, 2008 Hawai’i County voters passed Ballot Question 1, the Lowest Law Enforcement Priority of Cannabis Ordinance, by 53.1% to 38.6% (with 8.3% blank votes). The law is now known as Chapter 14 Article 16 of the Hawai’i County Code and makes cannabis the lowest priority for Hawai’i County Police and Prosecutors. Under this ordinance, adults over the age of 21 may cultivate and possess up to 24 plants or 24 ounces of dried material on private property. The law makes it illegal for Hawai’i County to accept any funds for marijuana eradication programs. It also prohibits County Law Enforcement officials from being deputized or commissioned by Federal agencies for any activity that is inconsistent with the ordinance.

Cannabis is not decriminalized on a statewide basis.

In March 2004, Carbondale, Illinois passed an ordinance which reduced the punishment for possession of less than 10 grams of cannabis or cannabis paraphernalia to a minimum fine of $250 in lieu of incarceration.

In late 2009, Cook County, Illinois (City of Chicago and some northern suburbs) also decriminalized cannabis possession of less than 10 grams or cannabis paraphernalia to a minimum fine for Unincorporated areas only as of 2009.

For the last ten years Sugar Grove, IL has had a similar decriminalization policy

Cannabis is not decriminalized on a statewide basis.

In 2006, the city of Lawrence, Kansas passed an ordinance imposing fines but no jail time for cannabis possession.

In 1976, Maine made possession under 35.4 grams (1.25 ounces) of cannabis a civil violation punishable by a $350 to $600 fine; stricter punishments exist for sale, cultivation, or subsequent violations within six months.

On March 28, 2000, Amherst passed a non-binding referendum by a vote of 63-37 percent. The referendum "deprioritized" adult possession of cannabis and urged "the members of the Selectboard and the Town Manager to persuade our state representative, state senator, U.S. representative and U.S. senators to repeal the prohibition of cannabis".

On February 16, 2006, The Herald News reported that the Joint Mental Health and Substance Abuse Committee of the Massachusetts General Court voted 6-1 in favor of a bill that would have made possession of less than an ounce of cannabis a civil fine of $250.

On November 4, 2008, state voters approved to decriminalize the possession of marijuana. Any person caught with less than an ounce of marijuana, hash, hash oil, or smoking in public is punishable by a civil fine of $100. The new law took effect in January 2009. Since the law has taken effect, towns have amended the law, making it a more major fine for being caught smoking in public.

Cannabis is not decriminalized on a statewide basis for non-medicinal purposes, but with the November 2008 election, Proposal 1 was passed by a majority of voters allowing medical marijuana to be cultivated, possessed, and used by individuals who apply for and receive a state ID issued on the basis of one of an enumerated list of chronic medical conditions.

In Ann Arbor, since a 1974 voter referendum, cannabis possession, control, use, and giving away or selling in the city has been subject merely to a small civil-infraction fine. City police charge violators under the local law rather than under the far stricter state laws. The amount of the fine has been altered in subsequent referenda, and as of 2008 stands at $25 for a first offense, $50 for a second offense, and $100 for the third and subsequent offenses. In 2004, Ann Arbor voters reaffirmed the civil-infraction penalty, passing Proposal C, by a vote of 75-25 percent. The measure capped penalties for the third offense and subsequent offenses at $100.

Possession and sale of less than 42.5 grams (1.5 ounces) of cannabis is a misdemeanor punishable by a $200 fine and possible drug education; stricter punishments exist for possession of more than 1.4 grams (0.049 ounces) in a motor vehicle, driving under the influence, or sale to a minor.

Cannabis is not decriminalized on a statewide basis in Missouri, although since 1999, as with all other drugs in Missouri, first-time cases of possession of cannabis no longer are prosecuted in ordinary state court, but rather in specialized drug courts. By law, treatment, rather than punishment, is the express object of any drug court action in Missouri.Despite the drug courts, however, as it stands, simple possession of less than 35 grams of cannabis is a class-A misdemeanor in Missouri, theoretically punishable by up to one year in prison and a fine of $1000.

In 2004, voters in the city of Columbia passed Proposition 2 by 61-39 percent. Proposition 2 made cannabis the "lowest priority" for law enforcement, and for possession of cannabis under 35 grams (1.2 ounces) of cannabis the offense was reduced municipally to a civil fine of a maximum of $250, with no possibility of criminal retribution, arrest, or incarceration. That law has since been revised, allowing only first time offenders to escape prosecution and instead pay the fine.

In 1978, Mississippi decriminalized cannabis and in 2004, House Bill 28 further decriminalized cannabis by classifying possession of less than 30 grams (1.05 ounces) of cannabis a misdemeanor punishable by a $100 to $250 fine; stricter punishments exist for sale, cultivation, subsequent offenses, or possession in a motor vehicle.

Cannabis is not decriminalized on a statewide basis.

On November 7, 2006, Missoula County passed Initiative 2, by a vote of 54.23-45.78 percent. Initiative 2 encouraged that adult cannabis use be the lowest priority for county law enforcement.

Possession of one ounce or less a civil citation punishable by a $300 fine: stricter punishments exist for sale or subsequent offenses.

In 2002, Nevada made possession of any amount of cannabis for non-medical use by persons age 21 or older punishable by a $600 fine or drug treatment; stricter punishments exist for multiple offenses, cultivation, sale, or driving under the influence. Also, for adults under age 21 and minors, possession of less than one ounce of cannabis is a class E felony, punishable by one to four years in prison and a fine of up to $5000. It is unclear whether persons under age 21 convicted of cannabis crimes would lose their voting rights, since the Twenty-sixth Amendment to the United States Constitution states that persons age eighteen or older shall not be denied the right to vote on account of age, and voting rights would only be lost because the criminal is under age 21.

-New York
Possession of 25 grams (0.88 ounces) or less of cannabis is a civil citation punishable by up to a $250 fine and a $100 court surcharge; stricter punishments exist for sale, cultivation, or subsequent offenses. If found in a public place with marijuana burning or in public view, offender can be charged with a misdemeanor, fined $500, and incarcerated up to 3 months.

First-time offenders of all marijuana possession laws and some marijuana sale laws are, with some exception, granted an automatic adjournment of their case in contemplation of dismissal ("ACD"), meaning that if the offender commits no crimes and abides by any conditions set by the court, his or her case will be automatically dismissed after six months.

-North Carolina
Possession of .5 ounce is a misdemeanor punishable by 30 days in jail (suspended sentence mandatory) and a $200 fine: possession of over .5 ounce to 1.5 ounces is a misdemeanor punishable by 1-120 days in jail (community service or probation possible) and a $500 fine: stricter punishments exist for possession of amounts over 1.5 ounces, sale, or cultivation. Sale or delivery of less than five grams, for no remuneration, is considered possession.

In 1975, Ohio made possession and cultivation of less than 100 grams (3.5 ounces) of cannabis and a gift of 20 grams (0.7 ounces) or less of cannabis a minor misdemeanor (same class as minor traffic violations) punishable by a $100 fine, a 6 month to 5 year drivers license suspension and a suspension of any professional licenses.[54] According to the Ohio Revised Code, although possession of less than 100 grams is only a minor misdemeanor, possession of drug paraphernalia, which may include a bowl or bong, is a misdemeanor with a maximum of 30 days in prison. Trafficking cannabis is a felony.

In 1972, Oregon became the first state to decriminalize cannabis. Laws changed again in 1995 that reduced penalties. Possession of one ounce or less became legally defined as a "violation" (a crime that is considered a lesser offence than a misdemeanor) and now is punishable by a $500 to $1,000 fine that can be, in some jurisdictions, paid off by means of community service. Possession of multiple containers of any weight, or possession of more than one ounce can sometimes add the additional crime "Intent to Sell." In some cases, people who have no marijuana, but are caught at the scene of a drug bust are charged with "Frequenting." Stricter punishments exist for sale, cultivation, and proximity to schools.

Cannabis is not decriminalized on a statewide basis.

On April 5, 2010, Philadelphia decriminalized cannabis. Possession of 30 grams or less is punishable by a $200 fine for first time offenders and a $300 fine for all others. For possession of more than 30 grams, the punishment is unchanged.

Cannabis is not decriminalized on a statewide basis.

In September 2003, Seattle passed Initiative 75, by a vote of 58-42 percent. Initiative 75 made the "investigation, arrest and prosecution" of adult cannabis possession law enforcement's lowest priority.

Cannabis is not decriminalized on a statewide basis.

On April 5, 1977, Madison passed Ordinance 23.20, which made possession of less than 112 grams (almost a quarter pound) of marijuana or 28 grams of cannabis legal when for personal use in a private place.

On May 13, 1997, Milwaukee mayor John Norquist signed a measure into law, which made possession of less than 25 grams (0.88 ounces) of cannabis a municipal ordinance violation with a fine of $250 to $500 or imprisonment for 20 days. Although, prosecutors in Milwaukee can still charge offenders under more severe state law.

Marijuana Study Shows Positive Results

Inhaled cannabis reduces pain and improves sleep compared to placebo, and is well tolerated by patients with chronic neuropathy, according to clinical trial data published this week in the Journal of the Canadian Medical Association (CMAJ).

Investigators at McGill University in Montreal assessed the efficacy of inhaled cannabis on pain intensity in 23 subjects with chronic post-traumatic or post-surgical neuropathic pain in a randomized, double-blind, placebo-controlled crossover trial. Participants in the study received a single inhalation of 25 mg of 9.4 percent herbal cannabis or placebo three times daily. All of the volunteers in the study suffered from refractory pain for which conventional therapies had proven ineffective.

Researchers reported: “[H]erbal cannabis … significantly reduced average pain scores compared with … cannabis placebo in adult participants. … We found significant improvement in measures of sleep quality and anxiety. … Our results support the claim that smoked cannabis reduces pain, improves mood, and helps sleep.”

Speaking to Web MD online, the study’s lead researcher Mark Ware said: “We’ve shown again that cannabis is an analgesic. Clearly it has medical value.”

In February, investigators from the California Center for Medicinal Cannabis Research summarized the results of four separate FDA ‘gold standard’ designed clinical trials demonstrating that inhaled marijuana was safe and effective for the treatment of neuropathy.

An estimated one to two percent of the population suffers from some form of neuropathic pain, which typically goes untreated by standard analgesics.