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News & ArtsFriday, October 1, 2010
Drugs Marijuana Decriminalized in California—Totally Legal by Next Month?
Posted by Dominic Holden on Fri, Oct 1, 2010 at 1:44 PM
California Governor Arnold Schwarzenegger signed a bill Friday morning that decriminalizes possession of marijuana in the state.Those caught with less than an ounce of marijuana will still receive a maximum penalty of $100. However, Senate Bill 1449 reduces the legal categorization of marijuana possession from a misdemeanor to a civil infraction. This means that those caught will not have to appear in court, pay court fees or receive a criminal record.
Schwarzenegger is meanwhile opposed to Prop 19—which would legalize marijuana—on this year's ballot. But that's okay. Prop 19 is looking more and more like it could actually pass. The latest poll, conducted by the Public Policy Institute of California, shows it 11 points ahead, leading 52-41 percent. That fits with the trends that shows Prop 19 gaining ground for the last month.
1
Great news IF prop 19 passes... Semi-legal demand with an illegal supply is bad news for California.
I can't wait for prop 19 to pass so I can watch the state power vs. federal power fight start. I'm stocking up on popcorn already.
I can't wait for prop 19 to pass so I can watch the state power vs. federal power fight start. I'm stocking up on popcorn already.
2
@1, it's not hard to figure out who will win that fight. Save your popcorn for something more interesting.
3
@2 I'm still doubtful on how it will shake out. Has there ever been a situation where the Fed said x was illegal but a State declared x legal?
We've seen the inverse repeatedly and the Fed wins, what, 99% of the time? But that's always been cases IIRC of the Fed and Courts striking down laws that run counter to/attempt to supplant or supercede Federal law, or local laws in opposition to the Constitution. State level drug law and policy is in effect supplemental to Federal law.
While the tax law changes in CA would be in violation possibly of the Fed, the bits that say "legalize/law enforcement has no jurisdiction on the CA state or CA local level", it's not like the Federal government has any power to mandate or force CA State or Local police to enforce ANY law.
We've seen the inverse repeatedly and the Fed wins, what, 99% of the time? But that's always been cases IIRC of the Fed and Courts striking down laws that run counter to/attempt to supplant or supercede Federal law, or local laws in opposition to the Constitution. State level drug law and policy is in effect supplemental to Federal law.
While the tax law changes in CA would be in violation possibly of the Fed, the bits that say "legalize/law enforcement has no jurisdiction on the CA state or CA local level", it's not like the Federal government has any power to mandate or force CA State or Local police to enforce ANY law.
4
@3) Medical marijuana is legal in a dozen states despite federal law that prohibits it. Those laws still stand, but they offer only limited protection.
The caveat is that if folks stray into federal jurisdiction--like over 100 plants or major sales--and the feds decide to prosecute, the state law doesn't apply.
So taxing and regulating big pot distributions networks probably would be preempted. But small-scale grow operations, the sort of thing that feds would rarelyprosecute, wouldn't encounter much practical conflict.
The caveat is that if folks stray into federal jurisdiction--like over 100 plants or major sales--and the feds decide to prosecute, the state law doesn't apply.
So taxing and regulating big pot distributions networks probably would be preempted. But small-scale grow operations, the sort of thing that feds would rarelyprosecute, wouldn't encounter much practical conflict.
5
I don't think the Feds will fight this one until there's a Republican president. Of course, what I'd love to see is pot taxed and a report released with the amount of tax revenue generated from the sale of pot.
6
Joe, yes there has: Here in Colorado. With marijuana. We even tax it, for Chrissakes.
Now, as Domenic has pointed out in the past, the feds aren't going to bother someone with a couple of ounces, or even a couple of plants. But believe me, the demand that's out there won't be satisfied by people growing a couple of plants. There will still be a need for major grow ops, and the feds have no problem with busting them every chance they get.
Now, as Domenic has pointed out in the past, the feds aren't going to bother someone with a couple of ounces, or even a couple of plants. But believe me, the demand that's out there won't be satisfied by people growing a couple of plants. There will still be a need for major grow ops, and the feds have no problem with busting them every chance they get.
7
If legality becomes a fait accompli then this state is going to be forced to reconsider it's own laws.
8
Some of my friends in Cali say this is a cynical move by the Gov there to try to kill the Prop19 vote.
If you know anyone in CA - ask them to do it for the rest of us in the West, so we can piggyback off CA and end the tax burden on the middle class for the Failed Drug war vs MJ.
If you know anyone in CA - ask them to do it for the rest of us in the West, so we can piggyback off CA and end the tax burden on the middle class for the Failed Drug war vs MJ.
9
@6 the other factor to consider is that even one state doing this then begins a cascade effect for any number of reasons. Let's take gay marriage as an example. MA decides, "Hey, they can marry," for whatever local societal reasons. Then CT and NY see a 5% growth in revenue to the wedding and catering business, which includes a 0.5% tax revenue benefit, plus more people are moving to MA to marry? That skews them Congressionally! So NY and CT legalize. Then VT and RI and NJ want a piece of the gay pie and it's benefits, and so on. Meanwhile, each time it's legalized, and people realize the world keeps spinning, everyone but the lunatics stop caring. It's a fact of life now. Kids growing up or born into this environment know nothing else, so it's the norm for the next generation. War over locally, and the spread to other states continues like a slow tide.
All this despite a Federal DOMA and DADT.
The same thing will happen with weed. CA just decriminalized; I bet you $1 Oregon goes that route next, then WA, irregardless of what the props do. If 19 passes in CA, then OR or WA will go next, followed by -- I predict -- NV (it would be a tourism boost), MA, NY, VT, and NH, in no particular order.
What's the Fed going to do when 4-10 states throw down?
All this despite a Federal DOMA and DADT.
The same thing will happen with weed. CA just decriminalized; I bet you $1 Oregon goes that route next, then WA, irregardless of what the props do. If 19 passes in CA, then OR or WA will go next, followed by -- I predict -- NV (it would be a tourism boost), MA, NY, VT, and NH, in no particular order.
What's the Fed going to do when 4-10 states throw down?
11
Utah will hold out though. They just recently allowed beer with 2.5 percent or greater alcohol content.
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