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California Reduces Marijuana Penalty

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California Reduces Marijuana Penalty ... Turning over FREE a new leaf. www.WestCoastLeaf.com ISSN 1945-221X • Volume 3 No. 4 Winter 2011 California reduces TheThe RiseRise ofof CCBBDD marijuana penalty The medical benefits without the buzz.buzz Possession now an infraction trial, a threat that often led prosecutors to THC’s little sister comes of age. drop charges entirely. Now they can only By Dale Gieringer, Cal NORML ask for a hearing before a judge if they A bill to downgrade the possession of one don’t want to pay the ticket by mail. ounce or less of cannabis from a criminal In his signing statement, the Governor misdemeanor to an infraction was signed said he opposed decriminalizing recre- into law Sept. 30 by California Gov. Arnold ational cannabis and opposed the Prop 19 Schwarzenegger. Another new law sets a legalization effort, but “in this time of dras- 600 foot buffer around dispensaries. tic budget cuts, prosecutors defense attor- The decrim bill, SB 1449 by Sen. Mark neys, law enforcement and the courts can- Leno, takes effect Jan. 1, 2011. Its major Story inside. not afford to expend limited resources” CBD-rich plant photo courtesy of Sam Sabzehzar, medicalmarijuana411.com effect will be to spare minor pot offenders prosecuting petty pot offenses. the necessity of court appearances and The bill received influential support criminal arrest records. from the state’s courts and district attor- Instead, it treats possession like a traffic neys. In addition, supporters sent over Prop 19 initiative comes within 4% ticket, punishable by the same $100 fine 2,500 e-mail messages to the governor to (plus up to $273 in fees) as presently. sign SB1449 via the NORML website. of legalizing adult use in California A major benefit of the bill is to save the Another factor in the decision may Campaign elevated legalization discussion around the world state’s taxpayers millions of dollars in have been the impending state vote on court and prosecution expenses. One dis- Prop 19. By signing SB 1449, Gov. By Chris Conrad million ‘Yes’ votes, Prop 19 outpolled every advantage to offenders is that they will no Schwarzenegger undercut the argument “The fact that millions of Californians Republican running for statewide office. Its longer have the right to demand a jury that the state was wasting law enforcement voted to legalize marijuana is a tremen- 46.4% support was the highest-ever rate of resources by criminalizing users. dous victory,” said Proposition 19’s chief US voter approval for any non-medical th The cost savings of SB 1449 will likely proponent, Richard Lee, Nov. 3, 2010. “We legalization ballot measure. Arizona becomes 15 amount to a few million dollars in court have broken the glass ceiling. Prop 19 has Despite all odds, polls showed Prop 19 expenses, a small fraction of the estimated changed the terms of the debate. And that having a good chance of passage until the medi-marijuana state $200 - $400 million that the state spends on was a major strategic goal.” last weeks of the campaign, when the gov- felony marijuana offenses such as cultiva- With that, the campaign conceded that ernor signed a law dropping possession to By Mike Meno, MPP tion, distribution and sales. California’s legalization initiative had not a citation offense similar to a parking tick- In an election that saw the defeat of three Nonetheless SB 1449 was spuriously won the election. Nonetheless, the effort et, which apparently took the urgency out other statewide marijuana initiatives, vot- Please turn to page 12 made impressive gains. With more than 4.5 of the issue for many voters. ers in Arizona narrowly approved Groups like the National Black Police Proposition 203, a ballot measure making Assn., Nat. Latino Officers Assn., theirs the 15th state in the nation to have an Near-record marijuana arrests in 2009 California Council of Churches IMPACT, effective medical use law. Cal NAACP, SEIU of CA, United Food and The AZ Medical Marijuana Act passed Nobody gets busted for bud? and the prosecution of marijuana offend- Commercial Workers Western States ers, in particular minor possession defen- by just 4,341 votes out of more than 1.67 Better think again, says FBI Council, Latino Voters League, members of million cast. It will allow patients suffering dants, is driving the present drug war,” the US Congress, local Democratic commit- from cancer, HIV/AIDS, multiple sclerosis By Paul Armentano, NORML NORML Director Allen St. Pierre said. tees, state legislators and many individual and other debilitating conditions to use Police prosecuted 858,408 persons for mar- “Those who claim otherwise would be bet- law enforcers, faith leaders, civil rights cannabis with a recommendation from ijuana violations nationally in 2009, accord- ter off advocating for a long-overdue repri- activists, students, law professors and busi- their doctors. It permits the establishment ing to the Federal Bureau of Investigation’s oritization of law enforcement resources ness leaders endorsed Prop 19. of not more than 124 licensed cannabis clin- annual Uniform Crime Report, released in and concerns. The initiative had overall support in ics throughout the state. Patients who live September 2010. “It makes no sense to continue to pros- the medical marijuana community. Prop 19 more than 25 miles from one will be This arrest total is the second highest ecute Americans for their use of a sub- co-proponent Jeff Jones opened Oakland’s allowed to grow their own medicine. ever reported by the FBI, and marks a 1.3% stance that poses far fewer health risks first cannabis dispensary even before the Rob Kampia, executive director of the increase over the number of 2008 arrests than alcohol or tobacco. A better and more Please turn to page 16 Marijuana Policy Project (MPP), which (847,864). The FBI reported 872,721 mari- sensible solution would be to legalize and drafted the initiative, heralded the victory juana prosecutions in the US in 2007, the regulate cannabis in a manner similar to as “another blow to our nation’s cruel and highest total on record. alcohol, as was proposed by Prop 19.” New studies document irrational prohibition on marijuana.” MPP According to the report, marijuana Of Americans charged with cannabis played a key role in overseeing the signa- arrests now comprise more than one-half violations, some 88% (758,593 individuals) disparities in arrests ture drive, and steered more than $500,000 (approximately 52%) of all drug arrests were charged with possession only. The Blacks, Latinos hit hardest in contributions toward its passage. reported in the US. A decade ago, marijua- remaining 99,815 were charged with On election day, Prop 203 was trailing na arrests comprised just 44% of all drug “sale/manufacture,” a category that By Stephen Gutwillig, Drug Policy Alliance by some 7,000 votes, but as the state tallied arrests. Some 46% of all drug prosecutions includes virtually all cultivation offenses. Two new studies were released in October more than 200,000 late provisional ballots, nationwide are for cannabis possession. Regionally, the percentage of marijuana that document extensive race-based dis- the gap gradually narrowed until it was “The numbers tell the story; the arrests was highest in the Midwest (62% of parities in misdemeanor marijuana arrests clear the measure would pass — nearly enforcement of criminal marijuana laws drug arrests) and southern regions (56% of across California from 2006-2008. two weeks after the vote. drug arrests) of the US, The first report, Arresting Blacks for This is the third time Arizona voters and lowest in the West, Marijuana in California: Possession arrests in have approved a medical use law but nei- where pot prosecutions 25 cities, 2006-08, was co-released by the ther of the previous two, passed in 1996 comprised only 40% of Drug Policy Alliance and the California and 1998, ever took effect because of prob- total drug arrests. Conference of the NAACP. It found that, lems with the initiatives’ wording. In California in 2009, over two years, police in 25 of the state’s Under the new law, patients are there were 17,008 felony major cities have arrested blacks for low- required to register with the Dept. of and 61,164 misdemeanor level marijuana possession at four, five, six, Health and will be allowed to possess or marijuana arrests, for a seven and even 12 times the rate of whites. purchase up to 2.5 ounces of marijuana, but total of 78,172. In 2008, The second report, Arresting Latinos for public use remains prohibited. Legal there were 17,126 felonies Marijuana in California: Possession arrests in patients from other states will be protected and 61,388 misdemeanors, 33 cities, 2006-08, was co-released by the W. from arrest if they have their patient ID FREE MARC EMERY — Supporters of Canadaʼs ʻPrince of Potʼ for a total of 78,514. This C. Velasquez Institute. Marc Emery gathered in front of the Alabama State House as was the highest number of card, less than 2.5 ounces, and don’t violate part of a worldwide day of support Sept. 18. The rallies called It found that, over two years, major any other restrictions of the law. Out-of- on the US government to release the entrepreneur who founded arrests in a single year cities in California arrested and prosecuted state patients will not be allowed to Cannabis Culture magazine and directed a cannabis seed since cannabis was decrim- Latinos for marijuana possession at double empire under the tagline, “overgrow the government.” He is Please turn to page 5 serving five years in federal prison. Photo by Chris Butts inalized in 1976.
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