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Indybay Feature

Update on November initiatives

by repost from CA Sec of State
Jack Herer's initiative failed to qualify for the November 2008 ballot; another measure is still in circulation, needing 694,354 signatures before 9/5/08.
From CA Secretary of State
http://www.sos.ca.gov/elections/elections_j.htm#2008General
From
http://www.sos.ca.gov/elections/elections_j.htm#2008General

Marijuana. Repeal of Criminal and Civil Penalties. Release from Jail. Statute.

Summary Date: 11/26/07 Failed: 05/12/08

Proponents: Jack Herer, Charles E. Lepp, George Clayton Johnson, Phyllis Vonderscher, Ronnie Lee Smith, Michael S. Jolson and Seeva Marie Cherms

Decriminalizes possession, cultivation, transportation, distribution, and use of marijuana or hemp. Provides persons convicted or serving time for non-violent offenses involving marijuana be immediately released from prison, jail, parole, or probation, and be eligible to have their convictions erased. Provides no permit, license, or tax be required for non-commercial cultivation, transportation, distribution, or consumption of marijuana. Allows doctors to prescribe or recommend marijuana to patients, regardless of age. Prohibits testing for marijuana for employment or insurance purposes. Bars state from aiding enforcement of certain federal marijuana laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Savings in the several tens of millions of dollars annually to state and local governments, which would no longer incur the costs of incarcerating and supervising certain marijuana offenders. A potential increase of a few million dollars annually in the cost of the state’s Drug Medi-Cal substance abuse treatment program. (Initiative 07-0064.) (Full Text)
1297. (07-0065)

Marijuana Legalization. Individual Rights. Constitutional Amendment.
Summary Date: 04/08/08 Circulation Deadline: 09/05/08 Signatures Required: 694,354

Proponent: Christopher Springer

Amends constitution to legalize marijuana and hemp within California and to provide for broad individual constitutional rights, including rights to food, shelter, medical care, and to be free from “unreasonable” taxation. Allows marijuana to be sold in any store that sells alcohol. Establishes local boards with expansive powers, including powers to regulate and tax marijuana. Requires marijuana tax revenues support specified programs. Exempts marijuana sales profits from income tax. Forbids most testing for marijuana used outside the workplace. Prohibits most marijuana, alcohol, and tobacco advertisements. Immunizes marijuana growers and sellers from liability. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential savings of up to several tens of millions of dollars annually to state and local governments, which would no longer incur the costs of incarcerating and supervising certain marijuana offenders. Potential costs of up to the tens of millions of dollars to state and local governments to fund the one-time start-up costs of the local boards. A potentially significant increase in state and local spending on substance abuse treatment services that could possibly be partially or fully offset by revenues from this measure. Potential increased revenues in the tens of millions to low hundreds of millions of dollars annually from marijuana stamps and licenses to support specified programs and the local boards. Unknown but potentially significant increase in state and local revenues from collection of sales and use taxes on the sale of Marijuana. Unknown but potentially significant decrease in state and local revenues from taxes on tobacco and alcohol due to a prohibition of advertising for these goods that would likely result in a decline in sales. (Initiative 08-0009.) (Full Text)
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