California Assembly Member Tom Ammiano
On February 23, 2009, Assembly Member Tom Ammiano introduced A.B. 390, California’s Marijuana Control, Regulation and Education Act, a sensible marijuana policy that essentially legalizes the cultivation, possession, sale and use of marijuana by adults twenty one and older; raises money to fund programs that discourage substance abuse through a substantial tax on marijuana and proposes a wholesale and retail marijuana sales regulation program similar to that of alcohol.
What are the intentions of A.B. 390?
- Legalize and regulate the use of marijuana and its derivatives by adults over the age of twenty one.
- Raise money to fund programs that discourage substance abuse through a substantial tax on marijuana.
- Institute a regulatory system for both the wholesale and retail of marijuana.
- Encourage the federal government to reconsider its position on marijuana.
What exactly does A.B. 390 propose?
- Adults twenty one and older may legally use marijuana at home without facing criminal penalties.
- Adults twenty one and older may legally use marijuana at the home of another, so long as a resident age twenty-one or older has consented to the use.
- The possession and sale of marijuana paraphernalia would be legal for adults twenty one and older.
- Adults twenty one and older may grow and possess up to 10 mature marijuana plants. (Plants grown outside may not be visible to the public.)
- State and local agencies may not willfully assist federal law enforcement nor use state or local funds to enforce those federal laws that conflict with California law.
- Industrial cultivation of hemp would be legal.
What would NOT change under A.B. 390?
- Possession and use of marijuana would remain illegal for those under the age of twenty one.
- Driving under the influence of marijuana would remain a crime.
- Public consumption of marijuana would remain illegal, punishable by a $100 fine.
- Employers may continue to drug test employees and terminate or deny employment to individuals because of their use of marijuana.
- Marijuana possession and sales on high school and elementary school grounds would remain illegal.
What are the some of the benefits of legalization under a bill such as A.B. 390?
- Decreased access to and use of marijuana by teens. Legalizing and regulating marijuana sales in a fashion similar to that of alcohol and tobacco would actually reduce teens’ access to the substance. (Regulatory programs currently in place for sales of tobacco and alcohol have actually decreased their availability to teens.) While a leakage effect still occurs, teens can access alcohol and tobacco through friends who are of age, the existence of system that requires retailers to “card” customers means marijuana is less likely to end up in the possession of underage users.
- A safer product. Regulating the production and sale of marijuana and its derivatives means that the state can regulate not only the THC level of the product but users are less likely to end up with marijuana that has been tainted or laced with other illegal substances.
- Financial Incentives. While public officials should never legalize a dangerous product simply for financial gain, there are numerous financial benefits that accompany legislation such as A.B. 390. Not only do the state and local agencies save millions of dollars associated with the costs of marijuana prohibition, but a net gain will result from revenue generated by taxes on marijuana. The California Board of Equalization estimates an annual tax revenue of $1.4 billion dollars from marijuana taxes. This money could fund education, health care and public safety programs.
- Greater focus on public safety. The criminal justice system could refocus their efforts on those who jeopardize public safety: violent offenders, property offenders and those who drive under the influence of drugs and alcohol.
Meridith Spencer is an adjunct Professor of Criminal Justice and Sociology at Bridgewater State College and Fisher College and an advocate for public policy that is “smart on crime.” She can be reached at meras28@gmail.com.
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