Proposition 19, if approved by voters, would legalize the various activities associated with cannabis, allowing local governments to regulate this activity, give permission to local governments to impose and collect fees associated with cannabis and taxes, and authorizes criminal and civil penalties. Proposition 19 is the result of the vote across the state on March 24, 2010. Official committee of this event is Richard Lee and Jeffrey Wayne Jones of Cannabis Tax 2010 are the official advocacy group for the right of initiative.
California residents will vote in local polls on November 2 that will allow them to use marijuana for recreational purposes and allows the government to tax marijuana if Proposition 19 succeeded.
Current legal status.
Governor Arnold Schwarzenegger signed SB 1449 on October 1, 2010. and effective January 1, 2011. SB 1449 is a document that changed the ownership of less than one ounce of marijuana from a criminal violation to civil violations.
Medical marijuana is legal in California since enactment of Proposition 215 in 1996.
Title Voting
* Legalize Marijuana under California law, but not to Federal Law.
* Giving permission to the local governments in regulating and taxing for commercial production, distribution and sale of marijuana.
Official Summary.
Allows people who are aged 21 years or older to possess, cultivate, or use marijuana for personal use. Giving permission to the local government to regulate commercial tax marijuana sales to people over 21 years more. Prohibit possession of marijuana in the school environment, using it in public, smoking marijuana while there are children present, or provided to anyone under the age of 21 years. Prohibit the use of marijuana if impaired while driving.
Summary of fiscal impact.
Economically can save up to tens of millions of dollars every year for central and local government towards the cost of surveillance and arrest of marijuana users. Great potential in improving the local government tax revenues associated around the production and sale of marijuana.
Effect of tax
According to analysis from California, tax will have the following effects.
Legalization
* People over the age of 21 years is possible to have at most one ounce of marijuana for personal consumption.
* Cannabis in the allowed use in non-public places such as public housing or businesses licensed to consume cannabis.
* In privately allowed to grow marijuana in the yard of the house up to 25 square feet for personal use.
Local government regulations
* Local governments may allow the retail sale of up to 1 ounce of marijuana per transaction, and set the hours and location of business.
* Local governments may allow large amounts of possession of marijuana in private for the purposes of cultivation or for commercial purposes, transportation, and sales.
* Allows for the transportation of marijuana from a licensed location in a city or district to place licensed in the city or other areas regardless of local laws across regions or vice versa.
Local taxes and fees
Allows local governments levy a special tax to raise revenues or to cover costs associated with the regulation of marijuana.
Criminal and civil law
* Prohibiting the sale of marijuana to minors and prohibit drivers driving under the influence of marijuana.
* The Company reserves the right to determine whether or not allowed to use marijuana for its employees if the effect on work performance.
* Comply with applicable law to transport marijuana interstate or international.
* Any person who is licensed, not allowed to sell or provide marijuana to people under the age of 21 years. Violation of this provision will apply sanctions in the form of revocation of license ownership, operation, or in law to be employed in a company licensed cannabis for one year.
* Every person licensed who knowingly sell or provide marijuana to people over the age of 18 years but younger than 21 years, can be up to six months in jail and fines up to $ 1,000 per violation.
* Every person licensed who knowingly selling or giving marijuana to someone who is aged 14 to 17 years, should be imprisoned in state prison for a term of three, four or five years.
* Every person licensed who knowingly selling or giving marijuana to someone children under the age of 14, should be imprisoned in state prison for a term of three, five, or seven years
Fiscal Impact.
During the year 2010, California's government budget deficit has grown to become the greatest of all American states. California Legislature have estimated that the tax would increase $ 14,000,000,000 per year. Proponents of legalizing marijuana, said this could be a smart way to help relieve pressure on the state budget.
According to the official analyst of California legislators, following the fiscal impact of this will work:
* Generates significant savings for state and local governments. Potentially save up to tens of millions of dollars each year because of the reduction of individuals incarcerated by providing punishment probation or parole.
* Cells that are used to imprison marijuana users can be used to imprison other criminals, many of which are now being released early due to lack of jail space.
* Reduction of costs on state and local enforcement for violations relating to marijuana and the handling of criminal cases that are involved in the court system. Provide an opportunity for funds to be used to enforce other criminal laws. RAND Corporation has found that law enforcement costs for users of marijuana is approximately $ 300,000,000 per year.
* The size in use is the potential to reduce the cost of offsetting the Medical Marijuana program in each state in which adults over the age of 21 years would be more likely to participate in the program. They will be easier to get marijuana, so the application of medical marijuana program is not needed anymore.
* There will be a reduction of fines in state law, but is likely to rise to fines local local government has the authority of existing local laws.
* The cumulative effect of fines largely unknown. (Dial)
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