California voters will vote on legalization of marijuana in November. California’s Secretary of State, Debra Bowen, certified the Tax Cannabis Initiative after nearly 700,000 people signed the petition. The petition only needed 434,000 signatures.

California would be the first state in the Union to legalize marijuana and it would still be illegal under Federal law.

A poll last year showed that 56 per cent of Californians supported the legalization of marijuana.

The initiative if passed will allow everyone over 21 years old to possess up to an ounce of marijuana. Individuals would be allowed to cultivate and transport marijuana for personal use. They will be allowed to have a 25 square foot marijuana garden.

Cities would be authorized to regulate and tax the sale of marijuana. If they do not pass ordinances regulating the sale of marijuana possession will be legal in the community but selling it would be illegal. In all cases it will be illegal to sell to minors or to involve minors in the sale of marijuana. It will be illegal to have marijuana on school grounds and smoking it in public will be illegal.

The major arguments in favor of the initiative will be the failure of prohibition and financial. Despite marijuana being illegal and millions of dollars being spent to enforce prohibition a large number of citizens use it. Medical marijuana, which is legal in California, is available primarily to the middle class who can afford going to doctors and getting certified. The truth of the matter is that almost anyone with the money can get medical marijuana but the poor cannot afford going to the doctors who charge significant fees for the certification required under the medical marijuana laws. The poor end up buying it on the street and getting arrested. One problem with the initiative is that it will still outlaw street sales. As a result many of the sellers, who are often poor immigrants or youth will continue to be arrested.

California cities continue to suffer from the recession. The Federal government has cut back on many programs that provide money to the states and California has solved many of its budget problems by cutting back on support to local communities. As a result many communities are looking forward to being able to tax marijuana sales in order to provide services to the public. Legalization of marijuana will allow communities and the state to either cut back or make better use of money currently used to arrest, convict and incarcerate users, sellers and cultivators of marijuana.

But on the other hand many police officers and parents’ groups will continue to oppose legalization. They fear that despite the laws prohibiting possession of marijuana by those under 21 that legalization will make it easier for teenagers to obtain marijuana. Furthermore they are afraid that legalization will lead to more people driving under the influence of marijuana resulting in injuries and accidents.

Legislators in California and Massachusetts introduced bills legalizing the cultivation, use, possession and sale of marijuana. In California Assemblyman Tom Ammiano’s bill, which would place a fifty dollar per ounce tax on marijuana would provide 1.3 billion dollars for the state according to a study conducted by the State Board of Equalization.

Likewise the Massachusetts law would regulate and tax marijuana. The Massachusetts law, if passed would raise $100 million for the state coffers. Not only would the legalization of marijuana allow the states to collect significant taxes on it sale but it would also save the states significant money now used to enforce the marijuana laws. Both states would allow those over 21 to use marijuana. Marijuana would remain illegal, at least for the time being, under Federal law.

California has been a leader in the medical marijuana movement since the 1996 passage of Proposition 215 and currently collects 20 million dollars in sales tax on medical marijuana sales.

Prior to 1937 marijuana was legal in the United States. But shortly after the end of prohibition 1n 1933, Congress passed an act making it illegal. But despite hundreds of thousands of arrests the government has not been able to prohibit the use of marijuana and its use continues to grow.

Just as no one in the 21st century would advocate the prohibition of alcohol, the prohibition of marijuana should be abolished. Both drugs if used in excess can result in considerable harm but criminalizing the use, possession and sale of these drugs does not result in any benefit to society. In fact criminalization has only resulted in increased use. Hopefully some of the money saved from the decreased cost of prisons, lawyers, judges, police, and other related criminal justice expenses as well as some of the money collected in taxes on marijuana can be used to treat those who use it excessively.