California Marijuana Initiative Circulating

Some readers may remember California Governor Arnold Schwarzenegger’s statement a few months ago that it is now ‘“time for a debate”’ on legalizing marijuana in California. According to Thadeus Greenson’s story today for the Times-Standard online, some legislators are ready to move forward with legislation.

Currently there are three initiatives seeking to essentially legalize marijuana cultivation, sales, and possession, and one of these initiatives has entered circulation. Certainly there is some support for a change in state policy, but it is not clear yet whether or not a majority of state voters would actually vote for such an initiative. Even if an initiative does pass, California would still have to deal with the fact that possession, cultivation, and sales of marijuana still remain illegal on the federal level.

Some in California see legalizing marijuana as a natural progression from its current use for medicinal purposes. Additionally, there is hope that revenues brought in from legalizing and taxing marijuana could help solve the state’s budget woes. California is currently facing a $42 billion deficit. So, in February state Assemblyman Tom Ammiano (D-San Francisco) introduced a bill to legalize, regulate, and tax marijuana. The state Board of Equalization estimates that $1.3 billion in tax revenue could be brought into state coffers from such legislation.

Despite a California Field Poll showing roughly 56 percent of registered voters supported the legalization and taxation idea, the support waned as lawmakers had to confront the budget crisis. Thus, the initiative route, which is used often in California to pass measures, has entered the discussion. The National Organization for the Reform of Marijuana Laws is pessimistic about any of the initiatives actually passing and has indicated it would only get heavily involved in such efforts if its polling shows 58.5 percent of likely voters support a proposition.

Two of the proposed initiatives are being reviewed by the Attorney General’s Office. The one in circulation “would repeal all state laws that currently make it a crime for people over the age of 21 to use, possess, sell, cultivate and transport marijuana, except those that make it a crime to drive under the influence.” The initiative needs 430,000 signatures to get on the ballot, and then if it receives over 50 percent of the vote, it would become law. One roadblock could be the current language of the legislation that would expunge convictions based on the repealed laws.

So how does this impact agriculture? Well, some see the ability for regions of California to become the effective equivalent of the Napa Valley wine region, only for marijuana. However, some would be smaller producers are concerned that larger farming operations in the Central Valley and elsewhere would convert to marijuana production and flood the market. If large operations did switch from producing food and other crops to producing marijuana issues of food supply and costs, as well as supply issues for other crops that are taken out of production, could become prevalent and require the attention of lawmakers in California and in the nation's capitol.

Agricultural hemp production is currently allowed in 17 states, with Oregon passing a law allowing agricultural hemp production earlier this year. Hemp is seen by some as a plant that could be used for alternative fuel sources, as well as several other products that could be produced using the strong hemp fibers. However, hemp is classified with marijuana under federal drug laws, which is why states are passing individual measures to legalize agriculture production within their borders.

Nationwide, this year police officers have chopped down marijuana plants with the equivalent street value of $12 billion. In 2007 officers seized 7 million plants, and in 2008 the number increased to 8 million. In California the Bureau of Narcotic Enforcement have exceeded last year’s total of 5.3 million plants destroyed. Each plant has a street value of roughly $2,000. In the Appalachia region of Kentucky, Tennessee, and West Virginia officials have seen production increase in the face of rough economic conditions. As Ed Shemelya, head of marijuana eradication for the Office of Drug Control Policy’s Appalachian High Intensity Drug Trafficking Area, stated in an Associated Press story, “It offers the greatest return on investment.” In California, will such investments remain an illegal enterprise? It may be up to the voters to decide. Even if the voters vote in favor of the initiative the federal government may still have its say.

To read the Associated Press story on marijuana farming click here.
To read the Times-Standard article click here.

Posted: 09/10/09