Legislative deadline brings mixed results for marijuana policy in Sacramento; Ammiano cancels committee vote on AB 2312
June 1 was the crossover deadline for the California State Legislature, meaning that bills had to be voted out of their chamber of origin or they would die. The deadline brought drama and mixed results.
Assemblyman Tom Ammiano's AB 2312 — which sought to create the Board of Medical Marijuana Enforcement within the California Department of Consumer Affairs to oversee and enforce medical marijuana in California — passed the Assembly by a vote of 41-30, with nine not voting. The bill, which would have clearly allowed for collective and cooperative growing, as well as storefront dispensaries, then headed to the Senate to go through the committee process.
On June 25, Assemblyman Ammiano cancelled the planned committee vote on AB 2312. Instead of voting on the bill, the Senate Committee on Business, Professions and Economic Development granted his request to study the issue of regulating the medical marijuana industry after the legislative session ends. The well-respected committee has a great deal of expertise in regulating professional industries and is expected to examine issues like whether regulation should fall under an existing agency or a new board. It is expected to issue a report and also hold public hearings.
The crossover deadline also brought an untimely end to two good drug policy bills authored by Sen. Mark Leno. SB 1506 — which proposed “defelonizing” simple possession of all drugs, including hash — received a Senate vote, but sadly, the chamber voted the bill down, 11 – 24, with six not voting. The other bill, SB 1182, would have removed criminal penalties for medical marijuana providers who act in compliance with the Guidelines For The Security And Non-Diversion Of Marijuana Grown For Medical Use, published by the attorney general’s office in 2008. Sen. Leno did not call this bill to a Senate vote.
Feds' aggressive targeting of medical marijuana providers in California
Last October, the four United States attorneys representing California held a press conference announcing a new aggressive approach to targeting medical marijuana providers in California. The U.S. attorneys outlined plans to target providers and/or landlords that varied based on which of the four regions the provider was in.
Since the announcement, numerous medical marijuana providers and their landlords have been threatened with property seizure and criminal prosecution by agents of the Justice Department. Raids have occurred across California, with the most high-profile being the raid by the DEA and IRS on Oaksterdam University and other properties belonging to long-time marijuana activist, Richard Lee. This continued assault on medical marijuana providers is especially disturbing considering President Obama’s previous position: In 2009, based on an earlier campaign pledge, his Justice Department issued a memo declaring that individuals acting in “clear and unambiguous compliance” with state medical marijuana laws should not be targeted.
If you live in California, please email your assemblymember, state senator, Governor Jerry Brown, and Attorney General Kamala Harris, asking that they publicly denounce federal interference with the California medical marijuana program. And regardless of where you live, please call the White House and respectfully ask that they allow states to implement and regulate medical marijuana programs. For more information on how you can help advocate against these developments, please see MPP's "What You Can Do to Oppose the Federal Crackdown on Medical Marijuana" handout.
California's medical marijuana ID card program
Visit our FAQ page to learn more about California's medical marijuana ID card program. Sutter and Colusa counties are still not issuing state ID cards. If you live in one of these rogue counties, contact state@mpp.org to find out how you can help bring this important program to your area.
The current legal status of marijuana in California
Despite the fact that California's medical marijuana laws and laws for simple possession are among the most progressive in the country, responsible adults are still being arrested or cited at an alarming rate for possession of a substance that has been proven safer than both alcohol and tobacco. According to Dr. Jon Gettman, in 2003 the arrest rate for marijuana crimes in California was 173 per 100,000 people. By 2007, that rate had climbed to 203 out of 100,000.
Proposition 19, a ballot measure that sought to end the draconian policy of arresting and prosecuting adults who choose to use a substance proven safer than alcohol by removing criminal penalties for marijuana offenses and allowing localities to tax and regulate its cultivation and distribution, was narrowly defeated in 2010, 46% - 54%. Although the measure lost, it was the highest percentage a marijuana legalization measure has ever gotten on the ballot.
To learn more about marijuana laws, uses, and statistics in California, please see Dr. Jon Gettman's report.
