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Pot Proposal's Impact Depends On Federal Law
Bob Egelko, Chronicle Staff Writer
California -- When California became the first state to legalize medical marijuana in 1996, the federal government responded by closing down pot clubs, prosecuting suppliers, threatening doctors who recommended the drug, and successfully battling co-ops and patients in cases that reached the U.S. Supreme Court.
So Assemblyman Tom Ammiano, author of a bill that would make California the first state to legalize personal use of marijuana, is going out of his way to avoid a fight with the feds.
Ammiano's longshot measure gained some traction last week when Gov. Arnold Schwarzenegger said it was "time for debate" on whether the state should allow sales of marijuana and use the tax revenue to help close California's gaping budget deficit. The state Board of Equalization has estimated that the bill's proposed $50-anounce sales tax would raise $1.3 billion a year.
But Ammiano, D-San Francisco, isn't proposing to go that far. At least not until the federal government repeals its 72-year-old ban on possession, sale and cultivation of marijuana, or allows states to do so.
Personal Cultivation Only If federal law remains unchanged, Ammiano's bill, AB390, would merely repeal California's criminal penalties for personal cultivation and possession of up to 10 marijuana plants. That means no retail sales, no tax revenue and - the assemblyman hopes - no federal raids.
Only if, in the bill's language, "federal law permits possession and sale consistent with this program," would the measure legalize marijuana for adults 21 and older, with regulations like those that apply to alcohol.
The cautious approach "acknowledges, to some extent, the reality we have right now," said Quintin Mecke, a spokesman for Ammiano.
"I'm hard-pressed to imagine the (Drug Enforcement Administration) being that interested in what is in someone's private home," Mecke said. "I think they pay attention to major grow operations."
Snipped Complete Article: http://drugsense.org/url/ uHNz68Sz Source: San Francisco Chronicle (CA) Author: Bob Egelko, Chronicle Staff Writer Published: Monday, May 11, 2009 Copyright: 2009 San Francisco Chronicle Contact: letters@sfchronicle.com Website: http://www.sfgate.com/chronicle/
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