California Proposition 19 (2010)

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California Proposition 19 (also known as the Regulate, Control & Tax Cannabis Act) was a ballot initiative on the November 2, 2010 statewide ballot. It was defeated, with 53.5% of California voters voting "No" and 46.5% voting "Yes." [1] If passed, it would have legalized various marijuana-related activities, allowed local governments to regulate these activities, permitted local governments to impose and collect marijuana-related fees and taxes, and authorized various criminal and civil penalties. [2] In March 2010, it qualified to be on the November statewide ballot. [3] The proposition required a simple majority in order to pass, and would have taken effect the day after the election. [4] Yes on 19 was the official advocacy group for the initiative and California Public Safety Institute: No On Proposition 19 was the official opposition group. [5]

Cannabis (drug) preparation of the Cannabis plant intended for use as a psychoactive drug and medicine

Cannabis, also known as marijuana among other names, is a psychoactive drug from the Cannabis plant used for medical or recreational purposes. The main psychoactive part of cannabis is tetrahydrocannabinol (THC), one of 483 known compounds in the plant, including at least 65 other cannabinoids. Cannabis can be used by smoking, vaporizing, within food, or as an extract.

A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry jail time or other legal penalties. For example, if a person were to dump toxic waste in a state park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary.

A majority is the greater part, or more than half, of the total. It is a subset of a set consisting of more than half of the set's elements.

Contents

A similar initiative, "The Tax, Regulate, and Control Cannabis Act of 2010" (California Cannabis Initiative, CCI) was filed first and received by the Attorney General's Office July 15, 2010 assigned 09-0022 that would have legalized cannabis for adults 21 and older and included provisions to decriminalize industrial hemp, retroactive expunging of criminal records and release of non violent cannabis prisoners. A highly successful grassroots petition drive (CCI) was subsequently overwhelmed by the Taxcannabis2010 groups big budget and paid signature gatherers. Here is the LAO Summary of the Initiative that was defeated by the special interests that ultimately succeeded to put their version on the ballot as "Prop 19" with a subtly different Title: The Regulate, Control & Tax Cannabis Act. Many of the same group of special interests are supporting the 2016 Adult Use of Marijuana Act (AUMA).

Supporters of Proposition 19 argued that it would help with California's budget shortfall, would cut off a source of funding to violent drug cartels, and would redirect law enforcement resources to more dangerous crimes, [6] while opponents claimed that it contains gaps and flaws that may have serious unintended consequences on public safety, workplaces, and federal funding. However, even if the proposition had passed, the sale of cannabis would have remained illegal under federal law via the Controlled Substances Act. [7] [8] [9]

Law of the United States Overview of United States law

The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.

Controlled Substances Act United States anti-drug law

The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.

Proposition 19 was followed up by the Adult Use of Marijuana Act in 2016. [10]

Adult Use of Marijuana Act

The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.

Effects of the bill

According to the State of California's Legislative Analyst's Office, the law would have had the following effects. [11]

California Legislative Analysts Office

The Legislative Analyst's Office (LAO), located in Sacramento, California, is a nonpartisan government agency that has provided fiscal and policy advice to the California Legislature since 1941. The office is known for analyzing the state budget with the aim of making government programs more effective and less costly.

Except as permitted under Proposition 215 and SB 420 laws, persons age 21 and older may:

Local government regulation of commercial production and sale

Local governments may:

Other permissions

Maintenance and addition of criminal and civil penalties

Fiscal impact

The State Board of Equalization estimated that imposing a $50 per ounce levy on cannabis sales could generate $1.4 billion a year in new tax revenue, thus generating a large amount of revenue at a time when the state was experiencing financial pressure. [12] [13] This estimate came from the BOE's 2009 analysis of California Assembly Bill 390 based on a 2006 report entitled "Marijuana Production in the United States." These statistics were based on production estimates derived from marijuana eradication efforts from 2003 to 2005. [14]

According to the States Legislative Analyst's office, passage of the proposition could have a significant fiscal impact, including: [15]

In regard to potential savings from the reduction of incarcerated individuals, according to the California Department of Corrections and Rehabilitations, 1,639 state prison inmates were in prison for marijuana-related crimes at a cost of $85 million per year. [16]

Arguments

Support

Several arguments were used in support of passing Proposition 19. Supporters argued that legalizing marijuana in California would help alleviate the drug war in Mexico. Based on the theory espoused by the White House Office of National Drug Control Policy that up to 60% of Mexican drug cartels’ profits come from sales of marijuana, legalizing the drug in nearby California would drastically cut their funding. As a result, supporters of this argument believed that legalization would lead to a decrease in drug-related violent crime in Mexico. [17]

Also cited were expected financial benefits of passing the measure. Economists lauded an analysis by Jeffrey Miron predicting $7.7 billion in projected savings on law enforcement expenses related to marijuana offenses, as well as expected revenues of up to $6.2 billion annually in taxes. These revenues were calculated based on marijuana sales taxes structured similarly to alcohol and cigarettes. [18] In 2008, California police made 78,500 arrests related to marijuana. [19]

Some civil rights groups lauded Proposition 19 as a way to reduce the disproportionate number of arrests of African-Americans and Latinos in California, many of which were related to marijuana possession. A study released by the New York-based Drug Policy Alliance found that despite having lower marijuana consumption rates than young whites, [20] young Latinos and African Americans were arrested for marijuana possession at much higher rates than whites in the 25 largest California counties. [21]

Supporters also argued that passing the measure would result in additional benefits including tourism and spinoff industries such as cafes and paraphernalia. Based on California’s wine industry, proponents of this theory anticipated that legalizing marijuana in the state could generate up to $18 billion, including the creation of 60,000-110,000 jobs. [22]

Some argued that legalization of marijuana could reduce drug-related violence, based on a study conducted by the International Centre for Science in Drug Policy. This study found that drug law enforcement contributes to increased levels of drug-related violence and suggests that "alternative models for drug control" may be necessary. [23]

Opposition

Opponents of Prop 19 argued that legalizing marijuana in California using the current proposition would have numerous negative consequences. They cited current Federal laws banning the cultivation, sale, and use of the drug, and claimed that it would create complications with drug trafficking and arrests [24] as well as challenge Federal authority. [25] Opponents also argued that Proposition 19 would complicate regulation across the state by allowing local jurisdictions the power to determine their own laws regarding cultivation and possession. [26] Opponents claimed that this increased government activity would absorb much of the projected tax revenue. [26]

Opponents of the measure also argued that it posed a public safety risk, based on research showing an association between marijuana use and voluntary treatment admissions for addiction, fatal drugged driving accidents, mental illness, and emergency room visits. [27] Opponents also compared Prop 19 to current alcohol and tobacco regulation, arguing that the associated potential healthcare and criminal justice costs outweigh the tax revenue generated. [28]

In response to supporters' claims regarding Prop 19's tax revenue generation, opponents claim the potential benefit is vastly overstated. [27] Opponents also criticized the measure for failing to include specific accompanying tax proposals. [29] Opponents also rejected the argument that revenue increases from the measure would improve the state budgetary deficit, dismissing it as a short-term fix. [30]

Since California essentially decriminalized the possession of marijuana in 1976, opponents reject the idea that legalization would free law enforcement to pursue violent crime in lieu of marijuana-related crime. [29] A Rand Corporation study found that passage of the measure would likely do little to curtail the drug trade and cartel violence stemming from Latin America. [31] Opponents also argued that passage would reflect softening attitudes in America toward drug consumption. [32] [33]

Supporters of medicinal marijuana use expressed concern that Prop 19 could burden growers with increased regulations. [30] Also cited were potential confusion caused by double selling rules and a potential threat to existing protections for medical marijuana users. [34]

History

Activist Richard Lee Richard lee at intche10.JPG
Activist Richard Lee

The first cannabis prohibition laws in California were passed in 1913. [35] In the 1972 California November elections, a similar initiative to Proposition 19 which would have legalized cannabis was on the ballot, coincidentally also named Proposition 19. It failed to pass, with 66.5% voters voting "No" and 33.5% voting "Yes." [36] [37] In 1976 the passage of the Moscone Act changed small-scale possession of marijuana from a felony to a misdemeanor. [38] Two decades later in 1996, Proposition 215, which legalized medical marijuana, passed with 56% of the vote. In 2003 the California Senate Bill SB 420 clarified some of Proposition 215 to address critics and issues that arose since it was passed. In 2005, Oakland’s Measure Z, one of the first marijuana taxes, made marijuana possession one of the lowest law enforcement priorities. It was passed by 65% of the voters. In July 2010, Oakland approved a cultivation ordinance. [39]

Proposition 19's originator is Richard Lee, a marijuana legalization activist and medical marijuana provider based in Oakland. Lee named political consultant Chris Lehane as the head of the campaign to pass the measure. [40] In order to qualify for the ballot, the initiative needed 433,971 valid petition signatures. The initiative proponents submitted 694,248 signatures, and it qualified through the random sample signature check. [41]

Stance on initiative

In response to growing demand for a vote on the legal status of marijuana, California governor Arnold Schwarzenegger said in May 2009, "I think it's time for a debate. And I think that we ought to study very carefully what other countries are doing that have legalized marijuana and other drugs, what effect it had on those countries, and are they happy with that decision." [42] However, in his signing statement for California SB 1449, which decriminalized possession of less than an ounce of marijuana from a misdemeanor to an infraction, Schwarzenegger said he opposed Proposition 19, calling it "deeply flawed" and claiming that its potential for generating tax revenue has been overstated. [43]

Support

Opposition

Polling history

Color indicates the simple majority in a poll.

Date of opinion pollConducted by Sample size
(likely voters)		MethodologyYesNoUndecided Margin of error
April 20, 2010 [132] SurveyUSA 500Automated56%42%3%±4.4%
May 9–16, 2010 [133] Public Policy Institute of California 1168Live49%48%3%±3%
June 22–July 5, 2010 [134] Field Poll1005Live44%48%8%±3.2%
July 8–11, 2010 [135] SurveyUSA614Automated50%40%10%±4%
July 23–25, 2010 [136] Public Policy Polling 614Automated [137] 52%36%12%±3.95%
August 9–11, 2010 [138] SurveyUSA602Automated50%40%10%±4.1%
August 31–September 1, 2010 [139] SurveyUSA569Automated47%43%10%±4.2%
September 20, 2010 [140] Public Policy Polling569Automated47%38%15%±3.9%
September 26, 2010 [141] Field Poll599Live49%42%9%±4.1%
September 30, 2010 [142] Public Policy Institute of California2,004Live52%41%7%±3%
September 30–October 3, 2010 [143] SurveyUSA670Automated48%41%11%±3.9%
October 2–4, 2010 [144] Ipsos 448Live44%53%3%±4.7%
October 13–14, 2010 [145] EMC Research704Live40%45%14%±3.7%
October 13–14, 2010 [145] EMC Research699Automated56%41%4%±3.7%
October 10–17, 2010 [146] Public Policy Institute of California1,06744%49%7%±3.5%
October 15–18, 2010 [147] SurveyUSA621Automated48%44%8%±4%
October 13–20, 2010 [148] Los Angeles Times /University of Southern California 441Live39%51%10%±4.6%
October 21–23, 2010 [149] Public Policy Polling622Automated45%48%7%±3.9%
October 21–24, 2010 [150] Suffolk University 600Live40%55%6%±4%
October 21–25, 2010 [151] SurveyUSA594Mixed44%46%10%±4.1%
October 14–26, 2010 [152] Field Poll1092Live42%49%9%±3.2%
October 20–26, 2010 [153] CNN/ Time 888Live45%53%2%±3.5%
October 26–31, 2010 [154] SurveyUSA587Mixed44%46%10%±4.1%
October 29–31, 2010 [155] Public Policy Polling882Automated44%51%5%±3.3%

Polling differences by poll type

Analysis of different polling techniques showed significant differentials in support for Proposition 19. Polls conducted by a live interviewer showed substantially less support for Proposition 19 than automated polls. It was suggested that there was a "social desirability bias" causing people to deny their support for Proposition 19 to live interviewers. [145] [156]

Another discrepancy was noted in the Action News/SurveyUSA poll taken in late October. Those interviewed via landlines opposed the initiative 53% to 43%, while those on cell phones supported it 54% to 29%. [157]

Outcome

Proposition 19 [158]
ChoiceVotes%
X mark.svg No5,333,35953.5
Yes4,643,75146.5
Total votes9,977,110100.00

Results by major county

County (Major Cities)YesNo
Kern County (Bakersfield)34.9%65.1%
Fresno County (Fresno)35.8%64.2%
Stanislaus County (Modesto)36.6%63.4%
San Joaquin County (Stockton)39.0%61.0%
Sacramento County (Sacramento)41.2%58.8%
San Bernardino County (San Bernardino, Upland, Fontana, Ontario)41.2%58.8%
Riverside County (Riverside, Moreno Valley, Corona, Palm Springs)41.9%58.1%
Orange County (Santa Ana, Anaheim, Irvine, Huntington Beach, Laguna Beach)42.2%57.8%
Ventura County (Ventura, Oxnard, Thousand Oaks, Simi Valley)44.8%55.2%
Solano County (Fairfield, Vallejo)45.5%54.5%
San Diego County (San Diego, Chula Vista, Oceanside)46.9%53.1%
Los Angeles County

(Los Angeles, Long Beach, Glendale, Santa Clarita, Pomona, Palmdale, Pasadena, Torrance, Inglewood, Burbank, Carson, Santa Monica etc.)

47.9%52.1%
Santa Clara County (San Jose, Santa Clara, Cupertino, Gilroy, Palo Alto)48.1%51.9%
Napa County (Napa)50.1%49.9%
Santa Barbara County (Santa Barbara, Santa Maria)51.2%48.8%
Monterey County (Monterey, Salinas)51.2%48.8%
San Luis Obispo County (San Luis Obispo)51.5%48.5%
Alameda County (Oakland, Fremont, Hayward, Berkeley)56.4%43.6%
Marin County (San Rafael, Novato)62.3%37.7%
San Francisco County (San Francisco)63.6%36.4%
Santa Cruz County (Santa Cruz)63.7%36.3%

[159]

See also

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References

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