Jump to content

2010 California Proposition 19

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Jlange (talk | contribs) at 04:12, 5 October 2010. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

For the 1972 proposition, see List of California ballot propositions 1970–1979.
Elections in California
Federal government
U.S. President
U.S. Senate
U.S. House of Representatives
State government
Executive
Governor
Lieutenant governor
Attorney general
Secretary of state
Treasurer
Controller
Insurance commissioner
Superintendent
Board of equalization
Legislature
Senate
Assembly
Judiciary
Court of appeals
Elections by year
State propositions
1910–1919
1960–1969
1970–1979
1980–1989
1990–1999
2000–2009
2010–2019
2020–2029
Full list
Los Angeles County
Los Angeles County
Board of supervisors
Ballot measures
  • 1980
  • 2008
  • 2012
  • 2016
Elections
Los Angeles
Mayor
City attorney
Ballot measures
  • 1986
  • 2017
Elections
Long Beach
Mayor
Orange County
Orange County
Board of supervisors
District attorney
Anaheim
Mayor
Irvine
Mayor
Costa Mesa
Municipal
Sacramento
Mayor
San Diego County
San Diego County
Board of supervisors
San Diego
Mayor
City attorney
City council
San Francisco
Mayor
District attorney
Board of supervisors
Board of education
Elections
San Jose
Mayor
Other localities
Bakersfield

Mayoral elections:

Fresno

Mayoral elections:

Oakland

Mayoral elections:

Riverside

Mayoral elections:

San Bernardino

Mayoral elections:

Stockton

Mayoral elections:

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.[1] In March 2010 it qualified to be on the November statewide ballot.[2] It requires a simple majority in order to pass, and would take effect the day after the election.[3] Yes on 19 is the official advocacy group for the initiative.

Proponents[4] of Proposition 19 argue that it would help with California's budget shortfall and redirect law enforcement resources to more dangerous crime, while opponents[5] claim that its gaps and flaws will have serious unintended consequences on public safety, workplaces, and federal funding. As of October 2010, even if the proposition is passed, the sale of marijuana will remain illegal under federal law via the Controlled Substances Act.[6][7][8]

Effects of the bill

According to the State of California analysis, the bill will have the following effects.[9]

Legalization of personal marijuana-related activities

Except as permitted under Proposition 215 and SB 420 laws, 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 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.[10]

According to the States Legislative Analyst's office the following fiscal impact would result from the bill:[11]

  • 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.

History

The measure's originator is Richard Lee, a marijuana legalization activist and medical marijuana provider based in Oakland. Lee named political consultant Chris Lehane as the head of the campaign to pass the measure.[12]

In order to qualify for the ballot, the initiative needed 433,971 valid petition signatures. The initiative proponents submitted 694,248 signatures, and it qualified through the random sample signature check.[13]

In the 1972 California November elections, a similar initiative to legalize cannabis was on the ballot, and coincidentally it was also named Proposition 19. It failed to pass, with 66.5% voters voting "No" and 33.5%. voting "Yes".[14][15]

Polls

Date of opinion poll Conducted by Sample size
(likely voters) 		Yes No Undecided Margin of Error
April 20, 2010[16] SurveyUSA 500 56% 42% 3% ±4.4%
May 9–16, 2010[17] PPIC 1168 49% 48% 3% ±3%
June 22–July 5, 2010[18] Field Poll 1005 44% 48% 8% ±3.2%
July 8–11, 2010[19] SurveyUSA 614 50% 40% 10% ±4%
July 23–25, 2010[20] Public Policy Polling 614 52% 36% 12% ±3.95%
August 9–11, 2010[21] SurveyUSA 602 50% 40% 10% ±4.1%
August 31–September 1, 2010[22] SurveyUSA 569 47% 43% 10% ±4.2%
September 20, 2010[23] Public Policy Polling 569 47% 38% 15% ±3.9%
September 26, 2010[24] Field Poll 599 49% 42% 9% ±4.1%
September 30, 2010[25] Public Policy Polling 2,004 52% 41% 7% ±3.9%

Stance on initiative

In response to growing demand for a vote on the legal status of marijuana, California governor Arnold Schwarzenegger said in May 2009, "I think it's time for a debate. And I think that we ought to study very carefully what other countries are doing that have legalized marijuana and other drugs, what effect it had on those countries, and are they happy with that decision."[26] However, in his signing statement for California SB 1449, which decriminalizes possession of less than an ounce of marijuana for people 18 years and older, Schwarzenegger said he opposed Proposition 19, calling it "deeply flawed" and claiming that its potential for generating tax revenue has been overstated.[27]

California is a base for some groups which support legalization of marijuana use, and it also is home to strong opponents of criminalization. In 2008, California police made 78,500 arrests related to marijuana.[28]

Support

Oppose

See also

References

  1. ^ State of California Initiative analysis
  2. ^ Banks, Sandy (March 29, 2010). "Pot breaks the age barrier". Los Angeles Times. Tribune Company. Retrieved March 31, 2010.
  3. ^ California Constitution Article 2 Section 10
  4. ^ http://yeson19.com/about
  5. ^ http://www.noonproposition19.com/about
  6. ^ http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1356093 Mikos, Robert "On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime"
  7. ^ http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1549828 Mikos, Robert "State Taxation of Marijuana Distribution and Other Federal Crimes"
  8. ^ Liebman Dershowitz, Hanna (July 28, 2010). "A federal-state law inconsistency shouldn't stop Californians from legalizing marijuana". Los Angeles Times. Tribune Company. Retrieved Aug 21, 2010.
  9. ^ State of California 2009 Initiative Analysis
  10. ^ "California Democrats neutral on Proposition 19". Mercury News. July 19, 2009. Retrieved July 22, 2010.
  11. ^ Summary of the States Legislative Analyst
  12. ^ Hoeffel, John (March 25, 2010). "Measure to legalize marijuana will be on California's November ballot". Los Angeles Times. Tribune Company. Retrieved April 24, 2010.
  13. ^ "DB07:003" (PDF). Retrieved July 28, 2010.
  14. ^ Maddaus, Gene (June 28, 2010). "Pot Legalization Initiative Has Same Number as One From 1972 - Los Angeles News - The Informer". Blogs.laweekly.com. Retrieved July 28, 2010.
  15. ^ "Prop. 19--The marijuana issue". Lodi News-Sentinel. October 25, 1972. p. 10. {{cite news}}: |access-date= requires |url= (help)
  16. ^ "SurveyUSA News Poll #16468". April 20, 2010. Retrieved July 17, 2010.
  17. ^ "PPIC Statewide Survey: Californians and Their Government" (PDF). May 19, 2010. Retrieved July 12, 2010.
  18. ^ "Release #2342" (PDF). July 9, 2010. Retrieved July 12, 2010.
  19. ^ "SurveyUSA Election Poll #16804". July 12, 2010. Retrieved July 12, 2010.
  20. ^ "Public Policy Polling" (PDF). July 26, 2010. Retrieved July 26, 2010.
  21. ^ "Results of SurveryUSA Election Poll #16937" (PDF). August 12, 2010. Retrieved August 13, 2010.
  22. ^ "Results of SurveyUSA Election Poll #17035". September 2, 2010. Retrieved September 3, 2010.
  23. ^ "Marijuana in the California Election #17035". September 20, 2010. Retrieved September 22, 2010.
  24. ^ "Field Poll" (PDF). September 26, 2010. Retrieved September 26, 2010.
  25. ^ "Public Policy Polling" (PDF). September 30, 2010. Retrieved September 30, 2010.
  26. ^ Grim, Ryan (May 5, 2009). "Arnold: Time To Talk About Legalizing Pot". The Huffington Post. Retrieved July 14, 2010.
  27. ^ http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z65ij4mzqc9pon?&_c=d%7Cyvcee9xanplikz%7Cz65p1zm6c0d0km&_ce=1285959588.d159dc2cc3e0285faadbe8b1dd7a9735
  28. ^ McKinley, Jesse (October 27, 2009). "Push to Legalize Marijuana Gains Ground in California". The New York Times. The New York Times Company.
  29. ^ "Former Governor Johnson's statement". Retrieved June 26, 2010.
  30. ^ McKinley, Jesse (July 19, 2010). "Blacks May Tilt Balance in Vote to Legalize Marijuana". The New York Times. Retrieved July 19, 2010.
  31. ^ a b c d Grim, Ryan (July 8, 2010). "California Dems Endorse Pot Legalization, Proposition 19". Huffington Post. Retrieved July 8, 2010.
  32. ^ West, Jackson (July 20, 2010). "Surprise! Both Red and Blue Want Pot Legal". NBC Bay Area. Retrieved July 21, 2010.
  33. ^ a b c d e f g h i j k l m n o p q r "Endorsements". Retrieved July 6, 2010.
  34. ^ Buchanan, Wyatt (February 24, 2010). "Ammiano wants to make marijuana legal in state". San Francisco Gate. Retrieved April 24, 2010.
  35. ^ "Taking the next step for California", New Times, June 30, 2010
  36. ^ Camin, Hector (September 5, 2010). "California's Prop 19, on legalizing marijuana, could end Mexico's drug war". The Washington Post. Retrieved September 6, 2010.
  37. ^ Bedard, Larry (July 15, 2010). "Opinion: Decriminalize marijuana: It's far less harmful than alcohol". MercuryNews.com. Retrieved July 18, 2010.
  38. ^ Hoeffel, John (March 25, 2010). "Measure to legalize marijuana will be on California's November ballot". LA Times. Retrieved April 29, 2010.
  39. ^ Russo, John (April 27, 2010). "Open Forum: Legalize Marijuana in California". San Francisco Gate. Retrieved April 27, 2010.
  40. ^ Stamper, Norm (April 20, 2010). "420: Put Down That Joint and Pick Up a Pen". FDL. Retrieved April 20, 2010.
  41. ^ Arguments for and against the proposal, Official California voters guide, http://www.voterguide.sos.ca.gov/pdf/english/19-arg-rebuttals.pdf
  42. ^ Downs, David, Daily Roundup, Sarah Palin Calls Bud a ‘Minimal Problem’; Vegas Drug Cops Execute Unarmed Father, East Bay Express, 7-17-‘10 http://www.eastbayexpress.com/LegalizationNation/archives/2010/06/17/daily-roundup-sarah-palin-calls-bud-a-minimal-problem-vegas-drug-cops-execute-unarmed-father
  43. ^ Emery, Marc (June 5, 2010). "Why You Should Vote YES on PROPOSITION 19". Cannabis Culture. Retrieved July 26, 2010.
  44. ^ Saillant, Catherine (June 28, 2010). "State NAACP backs marijuana legalization initiative". LA Times. Retrieved June 28, 2010.
  45. ^ Garofoli, Joe (May 19, 2010). "Up with dope! Oakland City Council first in CA to endorse pot legalization measure". The San Francisco Chronicle. Retrieved May 28, 2010.
  46. ^ CA NORML Admin (January 28, 2010). "Tax Cannabis 2010 Initiative Headed for November Ballot". California NORML. Retrieved June 1, 2010.
  47. ^ Good, Chris (April 2, 2010). "The Push to Legalize Marijuana: It's Real". The Atlantic. Atlantic Media Company. Retrieved April 16, 2010.
  48. ^ Smith, F. Aaron (March 24, 2010). "Marijuana Reform Will Appear on California's November Ballot!". MPP Blog. Marijuana Policy Project. Retrieved April 29, 2010.
  49. ^ Rush, George (April 11, 2010). "Head of American Federation of Teachers Randi Weingarten supports legalizing pot". New York Daily News. Retrieved April 11, 2010.
  50. ^ LEAP (August 19, 2010). "National Black Police Association Endorses Marijuana Legalization". Law Enforcement Against Prohibition. Retrieved August 19, 2010.
  51. ^ Cole, Jack. "LEAP Endorses "Tax & Regulate Cannabis 2010"". Youtube.com. Retrieved June 4, 2010.
  52. ^ Hoeffel, John (July 15, 2010). "Big union supports California measure to legalize marijuana". Los Angeles Times. Retrieved July 15, 2010.
  53. ^ Rosen, Michael (June 28, 2010). "Oakland stirs the pot on legalization". San Diego News Room. Retrieved July 18, 2010.
  54. ^ "Bay area longshore workers want to legalize pot," San Francisco Chronicle, August 18, 2010
  55. ^ Nagourney, Adam (September 13, 2010). "Marijuana Ballot Measure in California Wins Support of Union, Officials Say". The New York Times. Retrieved September 15, 2010.
  56. ^ "L.A. County Democratic Party - Endorsements," Los Angeles County Democratic Party, September 15, 2010
  57. ^ "SF Dems Give Key Endorsement to Prop 19," East Bay Express, August 12, 2010
  58. ^ Molina, Joshua (September 4, 2010). "Santa Barbara Democrats endorse jail tax, oppose marijuana dispensary ban". The Daily Sound. Retrieved September 16, 2010.
  59. ^ Eskenazi, Joe (July 20, 2010). "Marijuana-Legalizing Proposition 19 Gets Greenlight From California Young Democrats". San Francisco Weekly. Retrieved July 21, 2010.
  60. ^ Hinkle, Mark (July 3, 2010). "California Prop 19: legalized pot coming to the California ballot in November". United States Libertarian Party. Retrieved June 20, 2010.
  61. ^ McGreevy, Patrick (Oct 1, 2010). "Los Angeles Times: Local : Political "Schwarzenegger signs bill reducing offense for marijuana possession."". Los Angeles Times.
  62. ^ Marinucci, Carla (May 6, 2009). "SFGate: Politics Blog : Whitman: "Prosecute illegal aliens..in all of our cities."". The San Francisco Chronicle.
  63. ^ POSTED: 4:36 pm PDT June 29, 2010 (June 29, 2010). "AG: Legal Pot Opens Flood Gates For Cartels - Central Coast News Story - KSBW The Central Coast". Ksbw.com. Retrieved July 28, 2010.{{cite web}}: CS1 maint: numeric names: authors list (link)
  64. ^ "Feinstein backs effort to defeat marijuana legalization". Los Angeles Times. July 12, 2010.
  65. ^ "Feinstein opposes pot legalization measure". The San Francisco Chronicle. July 12, 2010.
  66. ^ "Carly Fiorina Announces Positions on Statewide Ballot Measures". ABC News(KFSN). September 3, 2010. Retrieved September 19, 2010.
  67. ^ Ellis, John, If California Legalizes Marijuana, Not Clear What Obama Would Do, Sacramento Bee, 7-30-’10 http://www.sacbee.com/2010/07/29/2924455/if-calif-legalizes-marijuana-not.html
  68. ^ a b "No on Prop 19 Endorsements". No on Proposition 19 website. Retrieved July 25, 2010.
  69. ^ Roberts, Chris (July 15, 2010). "Newsom, Harris Support Medical Cannabis, Hate Legalization". SF Appeal. Retrieved October 2, 2010.
  70. ^ Chaussee, Jennifer (July 22, 2010). "Leading Democrats opposed to Prop. 19". Capitol Weekly. Retrieved July 22, 2010.
  71. ^ Romero, Dennis (July 15, 2010). "Marijuana Legalization: L.A. District Attorney Steve Cooley Helps Pen Official Argument Against Prop. 19". L.A. Weekly Blogs. Retrieved July 18, 2010.
  72. ^ "No on Prop 19 Endorsements". No on Proposition 19 website. Retrieved July 26, 2010.
  73. ^ Garofoli, Joe (July 26, 2010). "A first: Bakersfield Dem puts up $20K for radio ad opposing pot legalization". San Francisco Chronicle. Retrieved July 27, 2010.
  74. ^ Roberts, Chris, Bad Medicine, Why Marijuana Advocates oppose an initiative legalizing marijuana, S.F. Weekly, May 19, 2010 http://www.sfweekly.com/2010-05-19/news/bad-medicine-why-marijuana-advocates-oppose-an-initiative-legalizing-pot/
  75. ^ Romero, Dennis (August 9, 2010). "Conservative Group Launches Ad Campaign Against Prop. 19, California's Pot-Legalization Initiative". Retrieved September 17, 2010. {{cite web}}: Unknown parameter |Publisher= ignored (|publisher= suggested) (help)
  76. ^ Miller, Louis (July 11, 2010). "Opinion: Backers of legal pot just want to get high". MercuryNews.com. Retrieved July 17, 2010.
  77. ^ Wohlson, Marcus (August 12, 2010). "Calif Chamber: Pot Law Would Allow Smoking At Work". KTVU. Retrieved August 13, 2010.
  78. ^ [www.cacities.org/resource_files/29135.Proposition%2019.pdf]
  79. ^ http://www.csac.counties.org/blogs/index.php/2010/09/csac-board-thumbs-down-to-propositions-19-and-26
  80. ^ Risling, Greg (April 20, 2010). "Poll Finds Most Americans Oppose Legalizing Marijuana". CNSNews. Retrieved April 24, 2010.
  81. ^ "Use of Marijuana as a "Medicine"". Cybercast News Service. California Narcotics Officers Association. Retrieved April 24, 2010.
  82. ^ a b Hecht, Peter (April 22, 2010). "Sacramento consultant leads campaign against pot legalization". The Sacramento Bee. Retrieved April 24, 2010.
  83. ^ http://www.opposingviews.com/i/gov-arnold-schwarzenegger-opposes-prop-19-marijuana-initiative
  84. ^ http://www.opposingviews.com/i/gov-arnold-schwarzenegger-opposes-prop-19-marijuana-initiative
  85. ^ Hecht, Peter. "Weed Wars: Unions see opportunities in marijuana industry, ballot measure". Blogs.sacbee.com. Retrieved July 28, 2010.
  86. ^ "No on Prop 19 Endorsements". No on Proposition 19 website. Retrieved July 26, 2010.
  87. ^ http://www.acsa.org/FunctionalMenuCategories/Media/TalkingPoints/2010-Ballot-Initiatives/2010-Ballot-Initiative-TP.aspx
  88. ^ "Alcohol Trade Comes Out Against Legal Marijuana". {{cite web}}: Cite has empty unknown parameter: |1= (help)
  89. ^ http://blogs.laweekly.com/informer/marijuana/pot-group-is-against-propositi
  90. ^ http://www.naltblackchurch.com/pdf/ibfc-nbci-release.pdf
  91. ^ http://www.cadca.org/resources/detail/cadca-releases-position-paper-and-press-release-opposing-proposition-19

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=2010_California_Proposition_19&oldid=388831056"