Californian marijuana legalization

Marijuana, often known as cannabis, marijuana, herb, pot, or bud, is one of the many narcotics that are abused around the globe. The Centers for Disease Control and Prevention estimate that about 20 million people use the medicine each month (63). About 47% of American adults stated they had used marijuana at some point in their lives in 2014. (63). It is, however, also prescribed as medicine to treat a number of illnesses. Several measures supporting the legalization of cannabis have been introduced, and there have been discussions surrounding the matter in various US states. This paper discusses legalization of marijuana in the United States, and specifically on the state of California (Peter and Cermak 63).

The use of marijuana for medicinal purpose is legal among many countries in the world; however, its use for recreational purpose is illegal. At the federal level in the United States, the use, sale, possession, cultivation or transportation of cannabis is illegal in the United States. Any state that aims at legalizing cannabis for both medicinal and recreational use is allowed to do so only under conditions that regulate its use. Under the Controlled Substances Act of 1970, Marijuana is classified as Schedule I drug. This means that it can highly be abused and not acceptable for medicinal use. States do not always conform to the Federal laws. Some states have legalized the use of marijuana for both medical and recreational use. Such include California State where cannabis is legal for both medical and recreational use.

The use of Marijuana in California is based on legislative, cultural events, and legality. Medical use of cannabis was legalized in 1996 under the Compassionate Use Act which is also known as Proposition 215. Its recreational use was legalized in November 2016 after majority voted for its legalization (Peter and Cermak 63).

History of Marijuana legalization in California

Several amendments towards legalization of Marijuana in California have been made. For a century, the state has been against the legalization of marijuana. However recently, the state voted for its legalization. First, in 1907, a Poison Act was passed. It was later amended in 1913 to make the production and possession of weed illegal. It became the first state to prohibit the sell and use of marijuana (Pacula, Liccardo, and Smart 397)

In 1915, another act that forbade the possession or sale of narcotic or cannabis sativa extracts, leaves, flowering tops and tinctures was passed. In 1925, anyone found in possession of any marijuana extracts, flowers, or leaves would be imprisoned for six years, while selling it would result to a fine of $100 to $400, or an imprisonment of fifty to one hundred and eighty days. In 1929, second offenders would be jailed for six months to ten years (Pacula, Liccardo, and Smart 398)

The cultivation of cannabis was made a separate offense in 1937 under the Marihuana Tax Act. This act prohibited possession and use of cannabis in the United States except for medicinal and industrial use. The act was developed with the aim of dealing with the increasing use of marijuana which was attached to the Mexican immigrants. Residents argued that the immigrants from Mexico brought ‘marihuana’ to the country (Pacula, Liccardo, and Smart 399)

In 1954, anyone found in possession of marijuana would be imprisoned for a minimum of one to ten years, while selling of the drug attracted an imprisonment of five to fifteen years, with a three years mandatory imprisonment before any eligible release.

In 1970, the Controlled Substance Act replaced the Marihuana Tax Act in order to further fight against narcotics including cannabis. Several attempts to decriminalize marijuana in California have been made. In 1972, California attempted to legalize marijuana for the first time. There was a ballot proposition in November the same year which failed to pass after majority voted against it during a state election. State of Oregon, neighbor to California, decriminalized marijuana in 1973 (Pacula, Liccardo, and Smart 400)

In 1975, the legislature passed a Senate Bill 95 under Moscone to decriminalize cannabis. Moscone had conducted a study on marijuana and found that ninety percent of arrests on cases attached to marijuana were simple possessions which cost the state $100 million on annual basis. Jerry Brown, the governor during the time, signed the bill into law. The bill legalized possession of small amounts of marijuana, and treated it as civil rather than an offense. According to the bill, possessing one ounce or more of the drug would be punishable by attracting a fine of $100, while greater amounts would lead to greater punishments. Legalizing marijuana in small quantities led to controversial reactions among California residents, where some felt that this was an effective way of legalizing the drug (Pacula, Liccardo, and Smart 401).

In 1996, proposition 215; the medical marijuana initiative was introduced. California legalized the use medical marijuana for medicinal purpose. It was the first state in the United States to come up with a program that legalized the use of marijuana for medicinal purpose. The proposition allowed recommendation of marijuana for people with cancer, AIDS, spasticity anorexia, arthritis, migraines, glaucoma and other chronic diseases. The law mandated that doctors to be allowed the recommendation of marijuana to patients without being punished, and that the state and federal government to support its medicinal use by providing affordable marijuana for patients (Pacula, Liccardo, and Smart 401).

Another proposition (proposition 36) – the Substance Abuse and Crime Prevention Act of 2000, required that first and second offenders to enroll for drug treatment programs instead of facing trials and punishments. The Senate Bill 420; the Medical Marijuana Program Act was passed in 2003. The bill clarified that government agencies would be in charge of enforcing laws related to cannabis cultivation, production, and use. It was under this bill that the voluntary Identification Card system that aimed at identifying patients using medical marijuana was passed. The identification cards were issued by the California Department of Public Health through the Medical Marijuana program which began in three counties in 2005. It then spread to other counties of the state during the same year. Although critics argued that people would use its medicinal purpose for recreational purpose, the program has helped many patients in relieving pain and treatment. The California Supreme Court ruled that, as long as the drug is for medical use, patients are not limited on the amount of cannabis to take (Pacula and Smart 403)

In 2009, the Marijuana Control, Regulation, and Education Act was introduced by Tom Ammiano. It aimed at removing the state law penalties that came as a result of possessing, cultivating or using marijuana for people aged 21 years and above. The bill was passed by the Assembly Public Safety Committee but it never reached the Assembly floor. The law was later reintroduced in November 2010, but it was rejected through a 53.3% to 46.5% vote. Opponents of the bill argued that legalizing marijuana would result to more problems associated with drug abuse, while proponents argued that its legalization would lead to reduced criminal activity that comes as a result of using the drug (Murphy and Carnevale).

In 2010, a senate Bill 1449 that further reduced the charges of possessing one ounce of marijuana was passed. An individual would only be charged a maximum of $100 without any court appearance. In the same year, the marijuana legalization initiative; proposition 19, sought to legalize marijuana for recreational purpose for adults aged 21 years and above. The minority voted against its legalization (Pacula and Smart 410)

In 2015, California made major revisions on its marijuana infrastructure by clarifying and streamlining laws with the (MCRSA) Medical Cannabis Regulation and Safety Act. The changes were directed on how and where businesses dealing with medical marijuana would operate from in the state. The legislation aimed at making it possible to issue licenses under set standards. Hence, the Bureau of Medical Marijuana Regulation was established to deal with the setting of the rules and regulations concerning cannabis legalization (Pacula and Smart 419)

Legalization of Recreational marijuana in 2016

In November 2016, selling and distributing cannabis in either concentrated or dry form was allowed under the Adult Use of Marijuana Act, also known as Proposition 64. An individual adult can grow up to six plants of marijuana or more if they have the license (licenses will be issued as from 2018). Also, one can possess only up to one ounce of marijuana for recreational purpose. Proposition 64 too allows adults over the age of twenty one to smoke cannabis. The law prohibits them from smoking it in places where tobacco is prohibited; possess, or smoke it in a place within 1000 feet from a school, youth center, or day care; produce concentrated marijuana with a solvent that is volatile without a license; ingest or smoke it while operating a transporting vehicle or while in a passenger seat of a vehicle (Murphy and Carnevale).

The individuals and firms planning on specializing in commercial selling of marijuana will have to apply for state licenses to have the legal authority to sell the drug. Products of marijuana can only be sold by licensed dispensaries and not in supermarkets, other business places, or stores where liquor is stored. The licensing of all the activities involved with cannabis aims at regulating the number of businesses dealing with the drug, as well as ensuring that the business is carried out in a manner that does not lead to environmental pollution and extensive drug abuse.

The Bureau of Marijuana Control, which was earlier known as Bureau of Medical Cannabis Regulation has the responsibility to issue licenses to marijuana producers and sellers for commercial purpose. The responsibility to restrict places where marijuana is sold is left to the counties and municipalities. The local jurisdictions are allowed by the proposition to regulate the use and possession of Marijuana under personal grounds, while the local government is allowed to ban the sale of cannabis from their jurisdictions (Murphy and Carnevale).

The proposers of this law argued that, children would be protected from using marijuana, while adults would be allowed to responsibly use the drug. They also argued that the proposition would incorporate the good practices from other states that have already legalized marijuana while adhering to the Marijuana Policy of the California Ribbon Commission. The proposition would regulate the use of revenue generated from the drug by controlling mismanagement of funds; this would be through directing the revenue to the California Marijuana Tax Fund. According to the proposers, the proposition would reduce drug cartel and black market activities. To them, it would provide a safe and controlled environment for the production and use of marijuana (Liccardo, and Smart 400).

California became the fifth state in the United States to legalize recreational marijuana after Washington, Colorado, Alaska, and Oregon. The legalization to possess and cultivate marijuana for personal use under the proposition 64 has led to the creation of two taxes; one of them is the 15% tax on retail price, and the other is the tax on cultivation where an ounce of a cannabis flower is taxed $9.25 and $2.75 for leaves. This tax exempts those cultivating marijuana for medical use and sales. However, those using marijuana for medical purpose will pay a new excise tax that is related to medicinal products if they do not obtain the identification cards that identify them as users of marijuana medicine. It is estimated that legalizing marijuana in California will generate an amount close to $1billion annually from state and local revenue. In addition, fiscal analysts argue that the legalization will save the criminal justice system an amount close to $100 million annually. This proposition would allow the allocation of revenue from these taxes to be spent on treatment, drug research, safety and health grants, youth programs and addressing damage on the environment that comes as a result of production of illegal marijuana (Banys and Cermak 64).

Individuals who seek a marijuana identification card must prove that they are over eighteen years of age, and are residents of California. Any person qualified to use the drug as a medicine can possess up to eight ounces of marijuana in a given time. The person can as well grow up to six mature plants, or twelve immature plants of cannabis.

Those below eighteen years found in possession of, or using marijuana will be required to attend a counseling program or a drug education program and as well serve the community. Those between eighteen and twenty one years who fail to follow the legal requirements of selling and consuming cannabis would face a penalty of $100. Adults selling the drug without a license would attract a fine of up to $500, or a six month imprisonment in a county jail or even both. Actually, individuals are not allowed to take or sell marijuana across states, since the federal government still perceives it an illegal substance. People are allowed only to take it within California; otherwise, the law will take action against those passing the legality allowed by the state to other states (Maier, Mannes, and Koppenhofer).

Marijuana on edible substances

The proposition regulates on the kind of edibles containing marijuana as an ingredient. For instance, marijuana products should not contain alcohol, infused ice cream, and caffeinated substances. This is with an aim of avoiding cases where an individual or a child takes an edible substance that contains the drug unknowingly. To curb this, edibles will have indications on the amount of cannabis in it, as well as need to be packaged in ways that do not attract a child’s attention. No more than 10 milligrams of marijuana should be put in a serving, and only up to 100 milligrams should be put in a package (Maier, Mannes, and Koppenhofer).

Handling of the laws by the state

Due to the passage of both AUMA and MCRSA, the state faces problem on the implementation of both regulations. Governor Brown came up with a budget trailer bill to reconcile both the MCRSA and AUMA bills. This trailer provides a solution to the conflicting regulations concerning the drug. In his bill, Brown focuses on the marijuana industry the state looks forward to build. Also, the Department of Public Health, and Department of Food and Agriculture, as well as the Bureau of Medical Cannabis Regulation are working towards streamlining the bills on cultivation, manufacturing, and the set standards for both recreational and medical marijuana. These agencies hold public workshops and accept public comments with the aim of refining the regulations based on marijuana (Maier, Mannes, and Koppenhofer).

Beneficiaries of the new industry

There are several types of businesses that would come as a result of legalizing marijuana. It will encourage large production of marijuana for both medicinal and recreational purpose in California. The producers would integrate with distributors and cultivators (vertical integration); AUMA allows vertical integration, hence leads to growth of small businesses. The health sector would benefit from gaining the ease of access to medicinal marijuana, as well as have the medicine acceptable by the public. Given the high number of people who consume cannabis in the United States, California’s tourism sector would be boosted as a result of people coming into the state from other states where marijuana is illegal (Peter and Cermak 64).

Proponents argued that the legalization of marijuana would bring social justice especially to the Black Americans. According to the Justice Data department, in 2014, 70 percent of those people arrested as a result of crimes related to cannabis are black people. The passing of the proposition 64 would reduce the crime rates associated with the drug (Liccardo and Smart 400).

Autonomy of the local government

Counties and municipalities as seen earlier have the mandate to control the production, distribution, and consumption of this drug within their area. They hence work towards coming up with rules and ordinances that rule this new industry. These rules would be in operation as from the month of January 2018. Although a league of California Cities argue that the local government maybe undercut by the proposed regulations since each region will have to comply with the rules and regulations set for the California state at large. This is a concern for those regions that are reluctant on the legalization of cannabis in the state. However, they would not avoid the rules covered by the proposition (Peter and Cermak 65).

The impact of the law on environment in California

The trailer bill prepared by Brown sets standards that surround water usage because California has historically been stricken by drought. It also provides guidance on the regulation of Pesticide to avoid environmental pollution. The rules set to regulate production, distribution, and consumption regulates environmental damage. AUMA regulates the amount of cannabis an individual or a firm can produce at a time. Also, individuals are not allowed to smoke or consume marijuana in places where tobacco is restricted. Such regulation on the production and consumption of the drug cares about the cleanliness of the environment. There is an extensive track system that follows the whole process of marijuana cultivation to production, distribution and consumption by the final consumer (Banys and Cermak 63).

California State is known for outdoor growing marijuana. This leads to the damage of National forest due to the illegal growers who seek any way possible to grow the plant. This additionally leads to the damaging of the ecosystem. The legalization of the drug for recreational purpose will enable people to grow the plant in favorable places that are less harmful to the environment. According to the proposition 64, people are allowed to grow cannabis in their homestead. This would reduce the environmental effect that comes as a result of growing the plant in areas harmful to the environment (Murphy and Carnevale).

Conclusion

Legalization of marijuana in the United States has been a controversial issue, especially when the federal law is against it. Several states have successfully managed to legalize the drug for both medical and recreational use. However, they have faced various challenges regarding the legalization. California, being one of those states that have legalized the use of marijuana for recreational use, had struggled to put the law in to action over a long period. But it finally managed to pass the legalization of marijuana in 2016. Currently, it is working towards streamlining the legalization before the proposition takes full effect as from January 2018. Residents are now free to sell and consume the drug without fear of being arrested or fined within the state.





















Works Cited

Banys, Peter, and Timmen L. Cermak. "Marijuana Legalization in California: Rational Implementation of the Adult Use of Marijuana Act (AUMA)." Journal of psychoactive drugs 48.1 (2016): 63-65.

Maier, Shana L., Suzanne Mannes, and Emily L. Koppenhofer. "The Implications of Marijuana Decriminalization and Legalization on Crime in the United States." Contemporary Drug Problems (2017): 0091450917708790.

Murphy, Patrick, and John Carnevale. "Regulating Marijuana in California." Sacramento, CA: Public Policy Institute of California (2016).

Pacula, Rosalie Liccardo, and Rosanna Smart. "Medical Marijuana and Marijuana Legalization." Annual Review of Clinical Psychology 13 (2017): 397-419.