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Old 04-30-2010, 08:47 PM
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Default Tax Plans For Pot Vaporous

A California voter initiative that would legalize the possession and sale of marijuana has been praised by supporters as a source of new tax revenue for cash-starved local governments.

However, the details of how this can happen are not spelled out in the measure, and officials are at best skeptical about just how much revenue its legalization would produce.

Specific rules on the taxation methods will be set up by cities and counties, explained Dan Newman, campaign spokesman for Tax Cannabis.

But Jack Pitney, a political science professor at Claremont McKenna College, described the taxation language as "vague."

"No one has any idea how this would work," Pitney said. "It's the repealing of state prohibition that still remains illegal under federal law. So would businesses really be inclined to make official reports on their revenues knowing those reports could be evidence in federal court proceedings?"

Officials at the California League of Cities and the state Board of Equalization seem to agree with Pitney's analysis.

"I don't have much to give you," said Barbara Alby, an acting Board of Equalization member for the 2nd District.

"Oftentimes, I have observed the results are not as promised. Any figures you hear, getting all of this money out of taxing marijuana, I have a problem believing it in the first place. It's another scheme on legalizing drugs as far as I'm concerned ... But I don't know who's got the data. I haven't heard anything. We don't discuss it."

Taxing and controlling the growth and sales of marijuana in California could generate $1.4 billion in revenue, according to the Assembly Committee on Public Safety. The committee in October reviewed the fiscal and legal implications of the legalization and regulation of marijuana. But the revenue number did not come from studying the initiative.

Newman said his organization was working with a number of localities to put together model ordinances. He did not name any of the localities.

"It's a nice opportunity for these localities both hungry for additional resources and looking to improve the way cannabis is controlled and regulated currently," Newman said.

Officials on both sides of the issue contend the taxation part of the initiative will eventually be part of the debate.

Until then, Pitney said he has his concerns.

"All it says is that state and local government could enact local taxes," Pitney said. "It doesn't provide much guidance on the form those taxes would take. Regular sales tax? Excise tax? What would the unit of the excise be? The joint? The ounce? The Cheech? The Chong? I don't know. Maybe they'll invent a new unit. Most of the discussion as far as I can tell is on legalization."

Voters in November will decide whether the state will legalize the recreational use of marijuana for adults. The state was the first to legalize medicinal marijuana use, with voters passing it in 1996.

Since then, 14 states have followed California's lead, even though marijuana remains illegal under federal law.

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