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Legalization of Marijuana in California – Assembly Bill 390

Assebly Bill 390 was introduced by Assemblyman TomAmmiano in Febraury of 2009.  This bill was created to legalize and tax marijuana in California and decriminalize the possession of marijuana by the every day person. The existing law in California provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of one or more crimes.  Assembly Bill 390 would remove marijuana and its derivatives from existing statutes, legalize the possession, sale, cultivation, and other conduct relating tomarijuana and its derivatives by persons 21 years of age and older.  

The legalization of marijuana issue has four main components: the decriminalization of marijuana; the legalization of marijuana for medical purposes; the legalization of marijuana for agricultural purposes; and, the issue of harm reduction.

Assemblyman Ammiano introduced the measure at a San Francisco press conference saying, “With the state in the midst of an historic economic crisis, the move towards regulating and taxing marijuana is simply common sense. This legislation would generate much needed revenue for the state, restrict access to only those over 21, end the environmental damage to our public lands from illicit crops, and improve public safety by redirecting law enforcement efforts to more serious crimes,” said Ammiano. “California has the opportunity to be the first state in the nation to enact a smart, responsible public policy for the control and regulation of marijuana.”  

“It is simply nonsensical that California’s largest agricultural industry is completely unregulated and untaxed,” said Marijuana Policy Project California policy director Aaron Smith, who also spoke at the news conference. “With our state in an ongoing fiscal crisis — and no one believes the new budget is the end of California’s financial woes — it’s time to bring this major piece of our economy into the light of day.”

Unfortunately, Assembly Bill 390 went to vote in the State Senate and was not passed.  However, you can show your support of this bill by contacting and writing at California Assembly: Bill Information.

Created by: Lisa M. Budris, Esq.

Categories: Criminal Defense
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