[ilbegone]

Calif. lawmaker holds hearing on legalizing pot

By MARCUS WOHLSEN, The Associated Press
October 29, 2009

SACRAMENTO, Calif. — No tie-dye was on display at a standing-room only hearing held by a California lawmaker on Wednesday in a bid to get his marijuana legalization bill taken seriously.

Instead, suits and sober discussion were the rule at the state Capitol as Assemblyman Tom Ammiano presided over what his office said was the first legislative consideration of the issue since California banned the drug in 1913.

Both sides of the debate were heard, but Ammiano has long had his mind made up.

Before the hearing, the San Francisco Democrat and former comedian called the criminalization of marijuana a failed policy that denies the state significant revenue. He said the bill could put the state in a position to set the national agenda on pot.

"I think we have a real shot at it, particularly in the context of it being in some ways bigger than California," Ammiano said.

His bill would tax and regulate marijuana in the state much like alcohol. Adults 21 and older could legally possess, grow and sell marijuana. The state would charge a $50-per-ounce fee and a 9 percent tax on retail sales.

Gov. Arnold Schwarzenegger has said he does not support legalization but caused a stir in May when he said he was open to debate on the issue.

At least one poll showed a slight majority of Californians would support a tax-and-regulate scheme for pot, but the bill's chances remain unclear. Skeptics have questioned whether the state could truly enforce a tax on marijuana and whether users and sellers would want to expose themselves to possible federal prosecution.

"You're going to create a record of some sort," said Assemblyman Curt Hagman, a San Bernardino County Republican. "You can't force me to self-incriminate myself."

Supporters of Ammiano's bill noted the state already collects taxes from medical marijuana dispensaries with little federal interference.

Legal experts on both sides also agreed at the informational hearing that nothing in current federal law can prevent California from stripping criminal penalties for marijuana from its own books.

"If California decides to legalize marijuana, there's nothing in the Constitution that stands in its way," said Tamar Todd, a staff attorney for the pro-legalization Drug Policy Alliance.

Speakers at the hearing argued a number of issues, including whether legalization would increase or decrease crime and help or hurt children.

State tax collectors presented an estimate that Ammiano's bill could generate nearly $1.4 billion in tax revenue. They cautioned, however, that the figure depended on several untested assumptions about how rates of use and prices would change following possible legalization.

Rosalie Pacula, director of drug policy research at the nonpartisan Rand Corp., said data on the economics of marijuana were "insufficient on which to base any sound policy."

Pacula said a failed effort in Canada to increase taxes on cigarettes showed that unless taxes had a minimal effect on prevailing prices, "you create the economic incentive for the black market to remain."

As the legalization movement has gained momentum, organized opposition outside law enforcement groups has been sparse. Still, several anti-pot protesters spoke passionately during and after the hearing.

Marijuana use is commonplace among young people in his Sacramento neighborhood, said Bishop Ron Allen, president of the International Faith Based Coalition, an anti-drug religious group.

Legalizing marijuana to tax it would help fill state coffers at the expense of its kids, he said.

"It's blood money, that's it," he said.