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Old 09-24-2009, 09:38 AM
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Default State Approves Petition Drive to Legalize Marijuana

Backers of two measures legalizing marijuana in California have been approved to begin collecting petition signatures, according to the Secretary of State's Office.

One initiative would allow people age 21 and older to grow, possess and transport marijuana for personal use. Local government could regulate and tax commercial production of pot and its sale.

Proponents for each measure each have until Feb. 18, 2010 to gather signatures from 433,971 registered voters to qualify the initiatives for the November 2010 ballot.

Right now in the Golden State, it is legal to buy marijuana only for medicinal purposes.

Nancy Arias counts on medicinal marijuana to sleep at night. "I have chronic fatigue syndrome. I also have chronic insomnia, and stress," said Arias.

Organizers of the initiative say taxing marijuana could add hundreds of millions of dollars to the state budget.

Meanwhile, some people worry that legalizing marijuana could increase crime. Others worry it could get into the hands of youngsters.

Law enforcement agencies say it's still illegal to possess marijuana. Even if state law allows marijuana to be legalized, people could still be prosecuted under the federal law.

Text:
CHANGES CALIFORNIA LAW TO LEGALIZE MARIJUANA AND ALLOW IT TO BE REGULATED AND TAXED. INITIATIVE STATUTE. Allows people 21 years old or older to possess, cultivate, or transport marijuana for personal use. Permits local governments to regulate and tax commercial production and sale of marijuana to people 21 years old or older. Prohibits people from possessing marijuana on school grounds, using it in public, smoking it while minors are present, or providing it to anyone under 21 years old. Maintains current prohibitions against driving while impaired. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Savings of up to several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Unknown but potentially major tax, fee, and benefit assessment revenues to state and local government related to the production and sale of marijuana products. (09-0024.)

The other measure would repeal state law that makes it a crime to possess, use, grow, sell and transport pot. The state Legislature would have to determine a taxing structure and local governments could tax pot. No funds could be used to enforce laws prohibiting marijuana.

Text:
CHANGES CALIFORNIA LAW TO LEGALIZE, REGULATE, AND TAX MARIJUANA. INITIATIVE STATUTE. Repeals state laws that make it a crime for people to use, possess, sell, cultivate, or transport marijuana. Requires the Legislature to adopt laws regulating and taxing marijuana within one year of passage. Allows local governments to also tax the manufacture, sale, and use of marijuana. Bars state and local governments from spending money to enforce laws prohibiting the use, possession, sale, cultivation, or transportation of marijuana. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Savings in the several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Unknown but potentially major new excise, income, and sales tax revenues related to the manufacture and sale of marijuana products. (09-0025.)

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