Pubdate: Thu, 22 Mar 2012
Source: Sacramento News & Review (CA)
Copyright: 2012 Chico Community Publishing, Inc.
Contact:  http://newsreview.com/sacto/
Details: http://www.mapinc.org/media/540
Author: David Downs

HOTBOXING THE CAPITOL

This Year, the State Legislature Packed a Full Bowl of Marijuana
Bills

The oft-maligned gridlock in the California Legislature may cut both
ways for medical-marijuana patients this year.

Currently five bills under the rotunda deal with medical marijuana or
adults using the plant for nonmedical purposes. Some bills have been
praised as positive steps to protect patient rights and civil
liberties. But some argue that proposed new laws might create a creepy
state database of pot patients, or would jeopardize child-custody
battles for cannabis users.

All the bills face long odds of ever becoming law. The big one is San
Francisco Assemblyman Tom Ammiano's Assembly Bill 2312, which would
regulate medical marijuana at the state level instead of letting each
California city and county take differing approaches to interpreting
the law.

Ammiano has argued that uniformity and certainty are both needed when
it comes to the attorney general's medical-cannabis guidelines. And
also that regulations would prevent the "unlawful growing and
diversion of marijuana to nonmedical use."

California voters in 1996 approved medical defenses against
prosecution for some marijuana crimes. In 2003, the Legislature
enacted the Medical Marijuana Program, which extended medical-cannabis
defenses to qualified patients who associate in order to grow and
distribute the plant. Since then, about 60 California cities and
counties have created medical-marijuana-access ordinances.

However, many other cities and counties-many of whom did not support
Proposition 215-have banned medical-pot growers and
distributors.

A.B. 2312 would also create a Board of Medical Marijuana Enforcement
within the California Department of Consumer Affairs. The board would
approve or deny permits for growing, processing, testing,
transporting, distributing and selling medical cannabis. The board
could also suspend, fine, restrict or revoke registrations upon a
violation of the act and develop zoning standards for unincorporated
and otherwise nonzoned areas.

The bill is very similar to a failed ballot initiative called the
Medical Marijuana Regulation Control and Taxation Initiative, except
that it does not impose a state tax, and instead authorizes local
taxes. Imposing a state tax requires a two-thirds majority in both
houses, which would be nearly impossible to obtain.

Assembly Bill 2365 would require all medical-marijuana patients to get
a state identification card and register the address where they are
cultivating marijuana-provisions that activists fear could make it
easier for federal agents and prosecutors to target people.

And Assembly Bill 2365 would amend state code to require that family
courts consider a parent's documented use of prescribed drugs,
including medical marijuana, in child-custody proceedings.

In addition, Sen. Mark Leno has introduced a bill, Senate Bill 1506,
that would make the crime of possessing concentrated cannabis-also
known as hashish-a misdemeanor. Currently, hash possession can either
be prosecuted as a misdemeanor or a felony, and a felony
hash-possession conviction can result in a sentence of 16 months or
two or three years behind bars.

Possessing 1 ounce or less of cannabis in California is an infraction
punishable by a $100 ticket, but the state automatically revokes
driver's licenses as well. Assembly Bill 2600 would prohibit the
Department of Motor Vehicles from revoking a person's driving
privileges for simple possession of 1 ounce or less when a motor
vehicle is involved.

All the bills are now headed to committee, where a key thing to watch
will be the support or opposition of the California District Attorneys
Association, the California Narcotic Officers' Association, and the
California Police Chiefs Association. The CDAA, which has opposed
previous attempts to lessen penalties for marijuana crimes, is
particularly influential.

"It's very difficult to succeed in authoring a bill of any sort [that
is] criminal-justice related with the opposition of the California
District Attorneys Association," Leno said. "Many legislators are very
sensitive to positions they take."

As for the CNDA, it has issued a white paper stating "Marijuana is not
medicine," while the CPCA encourage the prohibition of all California
dispensaries.
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MAP posted-by: Matt