City officials cite fiscal gain from taxes as a benefit of the Proposition 19, the measure that would legalize marijuana in California.
By Melonie Magruder / Special to The Malibu Times
While local officials have voiced support or opinions on Proposition 19, the ballot initiative to legalize marijuana in California, state representatives from this area are keeping quiet on the issue.
The “Regulate, Control and Tax Cannabis Act of 2010” will decriminalize possession and consumption of small amounts of marijuana, and allow local governments to regulate these activities, and impose and collect fees and taxes on sales of marijuana.
Medicinal use of medicinal marijuana has been legal under state law since the passage of Proposition 215, the Compassionate Use Act of 1996. Also, Gov. Arnold Schwarzenegger earlier this month signed a bill that reduces the possession of less than an ounce of marijuana from a misdemeanor to an infraction.
But, if passed, Proposition 19 would be the first time in the country’s history that a state has made the recreational possession and use of marijuana legal, which is against federal drug policy.
Although President Obama declared last year that his Justice Department would not pursue arrests of medical marijuana users as long as they conformed to state laws, U.S. Attorney General Eric Holder recently announced that the U.S. government will “vigorously enforce” federal law if Proposition 19 passes.
The potential federal versus state legal clash is one of several reasons opponents of the bill cite to defeat the initiative.
Steve Whitmore, senior media spokesman for Los Angeles County Sheriff Lee Baca, said that while the department would enforce any law on the books, the Sheriff believes Proposition 19 is unconstitutional.
“This is why Sheriff Baca is chair of the No on 19 campaign,” Whitmore said in a phone interview with The Malibu Times. “There will be no financial gain to California with the passage of this bill. To collect taxes, you have to apply for a federal ID number and you can’t apply for a federal ID number for a service that is against federal law. This bill is dead on arrival.”
Tom Angell of the Yes on 19 campaign countered Whitmore’s claim, saying, “The state of California and its cities and counties are already collecting millions of dollars in tax revenue every year on the legal and regulated sales of medical marijuana. Sheriff Baca should stop pretending he’s an economist.”
Other supporters of the bill include former U.S. Surgeon General Joycelyn Elders, California congressional representative Barbara Lee, attorneys general of several California cities and numerous city councils throughout the state.
Opponents, however, claim that the societal damage far outweighs any advantages. Alexandra Datig, chair of the No on 19 group, “Nip It In the Bud,” wrote in an open letter to members of Hollywood’s entertainment community that a study by the National Institute on Drug Abuse has found that “brain imaging shows that the brains of teens who use marijuana are working harder than the brains of their peers who abstain from the drug.”
Both candidates for state attorney general, Republican Steve Cooley and Democrat Kamala Harris, have voiced strong argument against Proposition 19, as have state senators Dianne Feinstein and Barbara Boxer.
Closer to home, Malibu’s state representatives are reticent on the issue. In a request to Sen. Fran Pavley’s office for commentary, media assistant Elizabeth Fenton wrote, “We cannot advocate for or against a proposition. [The senator] does not have a position on it at this time.”
Louise Rishoff, Assemblymember Julia Brownley’s media representative, said, “To the best of my knowledge, she hasn’t put out any kind of public statement.”
PCH Collective is the only city-approved and regulated medicinal marijuana dispensary in Malibu. Though the city had flirted with banning dispensaries from Malibu altogether two years ago, PCH Collective has continued to quietly operate.
Lost Hills/Malibu Sheriff’s Captain Tom Martin said, “Off the top of my head, I don’t recall any problems [with the dispensary].”
When asked whether he supported or opposed Proposition 19, Mayor Jefferson Wagner said, “I feel 50-50 about it, like the governor’s race. Pot has already been mostly decriminalized for less than an ounce. And if we find that California grows better quality than Mexico, there will probably be a net fiscal gain for the state.”
Wagner dismissed Attorney General Holder’s threats to prosecute federal pot laws in California as “saber rattling.
“Look, common sense responsibility should prevail,” Wagner said. “Don’t do it outside, don’t let children do it and don’t do it if you are driving.”
City Councilmember Laura Rosenthal said she supports the measure. When asked how she thought the bill might impact Malibu’s beach and social scene, she wrote in an e-mail, “The [Sheriff’s] Beach [Patrol] Team has done an excellent job making sure that there isn’t any drinking or cigarette smoking on the beach … marijuana will still be illegal for anyone under 21. I would hope that the millions that we spend on the war on drugs could then be used in a more helpful way.”
The California Legislature has estimated that taxing domestically grown cannabis (a $14 billion market annually) would yield $1.4 billion a year, at a time when the state is facing severe revenue shortages.
The California Legislative Analyst’s Office also sees fiscal savings in legalizing pot because law enforcement activities targeting pot users and growers (estimated at about $300 million annually) can be redirected elsewhere. Overcrowded prison cells housing cannabis offenders will be freed up, saving state and local governments potential tens of millions of dollars. And a legal pot growing industry could yield a plethora of new jobs.
Rosenthal said she thinks it’s a question of practicality, saying, “Let’s work on making sure that the drug is safe, sold through pharmacies and is controlled.”