AB 390 opens the door to legalization
By Bruce Margolin and Valerie Lopez
It should not be surprising that the legalization of marijuana is the No. 1 topic in every courthouse across California. Prosecutors and defense attorneys debate the topic and hypothesize regarding the financial and legal realities of legalization. It is widely agreed that if marijuana was legalized, it would create a huge financial revenue stream of up to $1 billion for the state annually, and would greatly diminish the backlog of marijuana-related criminal cases currently congesting the court system.
One step in the right direction was state Assembly Bill 390, known as the Marijuana Control, Regulation, and Education Act. AB 390 was introduced on Feb. 23, 2009, by Assemblyman Tom Ammiano (D-San Francisco) from the 13th state Assembly District. The bill established guidelines for the legalization of marijuana and the creation of a tax-revenue stream based on the sale of marijuana similar to that achieved by the sale of alcohol.
AB 390 was the first bill to propose the widespread legalization of cannabis in California and the nation. Supported by such far reaching groups as the AFL-CIO, the American Civil Liberties Union, the American Federation of State, County and Municipal Employees and the California Public Defenders Association, the bill would end the prohibition against marijuana use. Specifically, cannabis would be treated like alcohol and would be legal for any Californian over 21 for both recreational and medicinal use. Major components of the bill would allow for marijuana distribution as regulated by the state; removal of all penalties in California law for the cultivation, transportation, sale, purchase, possession, or use of marijuana, natural THC, or paraphernalia for persons over the age of 21; and possibly allow for the commercial cultivation of marijuana to licensed growers.
The bill was approved Jan. 12 by a 4-3 of the Assembly Public Safety Committee chaired by Ammiano. While this was a major victory, AB 390 died soon after as it was unable to be addressed in the Assembly Committee on Health due to the time and calendar constraints of that committee. Ammiano has stated he will reinvigorate the bill this year via a statewide voter initiative.
While the bill is dead, advocates know that its introduction onto the Assembly’s floor signifies a major shift in the fight for marijuana legalization. “This is a significant vote because it legitimizes the quest for debate, legitimizes the quest for discussion,” Ammiano said. “This is far from over. Not only did we get it out of Public Safety, but members are now willing to say, yes, this is worthy of discussion.”
This bill also substantiates the reality that many Californians advocate for the legalization of marijuana, acknowledge that the “War on Drugs” has failed and believe California needs a new outlook and approach to marijuana that could fiscally address the state’s current budget shortfall.
With a foot in the door of marijuana legalization, this next year promises to be exciting. If a proposition is addressed in November for the legalization of marijuana, it will be due in large part to the introduction of AB 390 and its positive reception.
Legal Update: On Jan. 21, the California Supreme Court issued its opinion relating to People vs. Kelly, a case discussed in the December issue of CULTURE. As anticipated, the court decided to disallow and sever the unconstitutional provisions of Section 11362.77 (SB420) and invalidate the quantity limitation of the state’s Medical Marijuana Program. Therefore, patients and their primary caregivers need only assert as a legal defense that any and all marijuana possessed and cultivated for medicinal purposes is reasonably related to the patients’ current medical needs without regard to specific quantity limitations. Moreover, the court held that the voluntary county-run identification programs were still valid.
BRUCE MARGOLIN is a criminal defense attorney based in West Hollywood since 1967. He has served as director of Los Angeles NORML since 1973 and helped write Proposition 215. VALERIE LOPEZ is an attorney with the Law Offices of Bruce Margolin, where she has practiced since graduating from Pepperdine University’s School of Law. Reach them at (800) 420-LAWS (5297), or through the website at www.1800420laws.com.
