Legislation

The Marijuana Control, Regulation, and Education Act (A.B. 2254)

A.B. 2254, introduced by Assemblyman Tom Ammiano (D-San Francisco), is sensible legislation that would make California a model for fiscally sound and effective marijuana policy. A.B. 2254 removes state-level criminal penalties for private adult use, possession, and limited cultivation of marijuana. It also replaces California’s $14 billion underground marijuana market with a controlled system that would be regulated and taxed in a manner comparable to alcohol.

A.B. 2254 …

• Removes criminal penalties for personal marijuana possession and cultivation for adults over the age of 21. Adults 21 and up could use marijuana at home or at a home with the consent of a resident 21 years of age or older. Using marijuana in public would be a $100 fine.

• Allows persons 21 or older to grow up to 10 mature plants. If a garden is outdoors, it couldn't be visible to the public.

• Makes possession and sales of marijuana paraphernalia legal for adults 21 and up.

• Institutes a regulatory system for commercial growers, processors, wholesalers, and retailers, to take effect 30 days after a change in federal law allowing states to set their own marijuana policies. The system would be similar to alcohol regulation, and a fee of $50 per ounce of marijuana would be assessed on retailers.

• Allows cultivation of industrial hemp.

• Does not remove penalties for marijuana possession or sales on school grounds.

• Does not affect the rights of employers to drug test and terminate or deny employment to individuals based on their marijuana use.

• Does not impose new taxes on medical marijuana patients.

 

A.B. 2254 will be heard in the Assembly Committee on Public Safety sometime in early 2010.

Entire Text of A.B. 2254

PDF handout on A.B. 2254