Articles Posted in California marijuana legalization

A common misconception is that medical marijuana in Los Angeles and elsewhere is used by undeserving individuals and leads to drug abuse. The truth is that medical marijuana is a much-needed treatment for roughly one million patients in the state. Despite what opponents of the drug say, the legalization of medical marijuana does not influence teenagers to smoke more of the drug. A couple of recent studies compared the use of marijuana among teens in both Massachusetts and Rhode Island after the Rhode Island legalized the drug, according to TIME. Medical marijuana was legalized in Rhode Island back in 2006. During this time, Massachusetts opted not to. These two states were compared because researchers saw that they had so many similarities, including population, geography, etc.
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Our Riverside medical marijuana attorneys understand that the study collected data from 1997 to 2009 from the Centers for Disease Control (CDC) and the Youth Risk Behavior Survey. Nearly 15,000 young individuals from Rhode Island and nearly 30,000 in Massachusetts were surveyed. During each year, the study concluded that nearly 30 percent of youth admitted to using the drug at least once if the past 30 days. What that illustrates is that there was virtually no difference in the use of the drug in these individuals before and after the legalization of it.

Mitch Earleywine from State University of New York-Albany reached the same conclusion in the Marijuana Policy Project. He also discovered that between 1996 and 2004, the number of admitting users of pot among 9th graders actually declined by nearly 50 percent, which illustrated a little bigger decline than the national average.

These studies, said Earleywine, confirm his theory that the legalization of the drug does not increase drug use among state’s youth.

Yes, legalization increases access to the drug for some, but only a small portion of the population uses it for therapy. Typically, these users are people who teens would not be likely to mimic. Users are typically the older generations or those who are extremely ill.

Choo’s study findings were recently presented to the American Public Health Association’s at their yearly meeting held in Washington D.C. She says she’s going to look at these figures in even more states in the future.

Both studies are consistent with state, national and international data. Researchers have concluded that drug use among teens does not correlate with marijuana arrests or legalization.

Some researchers would even go as far as saying that the use of medical marijuana comes with an “uncool” connotation as teens associate the drug with “old” and “sick” people.

Regardless of who does or who doesn’t see the use of marijuana as cool, the truth of the matter is that medical marijuana is a vital treatment for many patients in the state. This is but another study that proves medical marijuana has no negative affect on the state’s population, more specifically the youth in California.
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According to GOP presidential hopeful Herman Cain, the medical marijuana industry should be regulated by each individual state, reports the SF Gate. Medical marijuana in Los Angeles abides by its own governing laws, which differ from many other city and county regulations statewide. The difference in these local laws and the conflicting federal laws is putting many dispensaries in legal limbo.
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“If states want to legalize medical marijuana, I think that’s a state’s right,” said Cain.

Our medical marijuana attorneys in Orange County understand how beneficial government support is for the pot industry. Right now, Texas Rep. Ron Paul, former New Mexico Gov. Gary Johnson and Cain are among some of the most popular political supporters of the industry. Right now, 16 states and Washington, D.C., have legalized medical marijuana. According to a recent Pew Research study, more than 60 percent of Republicans support medical marijuana legalization. This is up from less than 40 percent in 2006. A Washington Post/ABC News survey concluded that more than 80 percent of residents support medical marijuana. With all this support, the federal government is still pushing on with its nationwide crackdown.

While all of this support may raise the spirits of advocates across the country, many have reverted back to the fact that former President George Bush and Obama once claimed the same perspectives, yet converted their beliefs against the industry and tried to send it packing.

Many political experts believe that Cain may gain the support of medical marijuana advocates around the country after the Justice Department’s crackdown on marijuana dispensaries.

Cain has made some questionable claims including a proposal to electrify the border fence and taxing the working/middle class at a much greater rate, but he appears to be sympathetic with the marijuana nation.

Cain’s opinion on the marijuana industry was voiced most recently at his campaign stop in Iowa, according to HuffPost.

Republican presidential candidate Gary Johnson already came forward and expressed his support for the legalization of marijuana. He says it’s only a matter of time before it’s legal everywhere.

“The fact that mainstream presidential candidates…are saying that their administrations would respect states’ rights to implement medical marijuana laws shows just how far this debate has come,” said Tom Angell of the Law Enforcement Against Prohibition.

While these candidates may only be seizing the opportunity to feed off of advocates’ frustration with Obama’s empty promises, it’s important for voters to see past the political jargon and to choose a presidential candidate who can maintain a hands-off approach toward marijuana shops that abide by state law.

As shops and advocates continue to sue the federal government, claiming the Department of Justice overstepped its constitutional authority, shop owners, patients and doctors are urged to seek legal representation to ensure that your rights are preserved in this battle.
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Advocates recently gathered in front of the U.S. courthouse in Sacramento in protest of the federal crackdown on the medical marijuana industry in Los Angeles and elsewhere. These medical marijuana advocates believe that this crackdown is a direct assault on “responsible corporate citizens” who contribute their earnings to state tax coffers, according to The Sacramento Bee.
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State Board of Equalization member Betty Yee also joined in the efforts. The state’s tax agency member also blasted an outrageous tax from the Internal Revenue Service (IRS) on Oakland’s Harborside Health Center, the state’s largest medical marijuana dispensary. The IRS hit the company with a tax of more than $2 million. Yee also condemned the IRS for using federal anti-drug trafficking statues to deny Harborside Health Center and other dispensaries business deductions.

Our San Bernardino medical marijuana lawyers understand that dispensaries in the area operate just like any other business. They have rules, regulations, policies and other issues. But the law requires that they operate as a non-profit. These companies are required to share the costs within closed groups of registered medical marijuana patients. If these companies are shut down and sent packing, the state will lose out on millions of much-needed tax dollars. The medical marijuana industry is a thriving industry that has the ability to contribute back to our economy when properly nursed. Officials are urged to embrace these companies and work alongside them to better the state, to better deserving patients and to provided much needed jobs to California residents.

“Dispensaries are following regulations paying their taxes,” said Yee.

Yee’s State Board of Equalization is expected to receive around $100 million is sales tax from medical marijuana companies.

The four U.S. attorneys in California aren’t on board though. They say that the state’s dispensaries are making one heck of a profit, which is violation of the country’s medical marijuana laws. These federal officials have pushed to close the shops, sending out threatening letters to property owners where these shops rent. These letters have threatened property seizure and/or criminal prosecution if the companies are not asked to leave.

“The crackdown is counter-productive. It’s irrational and it’s going to drive this business underground,” said Yee.

Yee’s Board serves more than 20 counties from Del Norte to Santa Barbara. She says that the IRS needs to focus more attention on “the real tax scofflaws” and leave these tax paying companies alone.

According to Benjamin Wagner, a U.S. Attorney in Sacramento, federal authorities are targeting large commercial medical marijuana operations and not the patients individually. He says that the feds have no intentions of prosecuting those who are seriously ill.

Approximately 200 people showed up the protest at the U.S. courthouse in Sacramento. These protesters say that this federal crackdown isn’t only taking vital medicine to deserving patients, but it’s taking thousands of jobs from California and harming the local economy.
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Gary Johnson, a Republican potential presidential candidate, made a recent appearance at the International Drug Policy Reform Conference in Los Angeles.

There were advocates from around the state pushing for the rights of the medical marijuana industry in California. Johnson spoke at the event, making promises to marijuana advocates to issue a full pardon for any resident who is serving prison time for a marijuana crime deemed to be non-violent if he is elected into office. His speech invoked cheers across the crowd. Unfortunately, this candidate’s campaign is greatly lacking in much-needed media attention.
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Last month the former governor of New Mexico appeared at Occupy Wall Street to speak economics with the protesters. Or take his announcement to forgo campaigning efforts in Iowa to focus on campaigning in New Hampshire. Many of these activities go unannounced with his lack of media attention. He continues on in being an advocate for tax reform to tax consumption in place of taxing income and an advocate for small government. Many political analysts have even compared him and his libertarian leanings to Ron Paul. One of his main viewpoints drawing attention is his current position on marijuana.

Our Orange County medical marijuana attorneys understand that Johnson has been pushing to legalize marijuana since 1999. He started the push as he was serving his second term as governor. He admitted to smoking the drug recreationally as a young boy. He reportedly started to use it recently to help to regulate his pain after a paragliding accident back in 2005. Whenever he’s campaigning, people look at him and refer to him as the “marijuana guy.”

Johnson is okay with that reputation despite the abundance of anti-drug supporters throughout the U.S. In a recent interview, Johnson quoted marijuana users as what could be the “largest untapped voting bloc in the country.”

Recently, Johnson spoke about the Gallup poll that determined about half of Americans support the legalization of marijuana. He also stated that virtually no politicians feel the way he does on this issue. He also recently discussed the viewpoints of the Republican rivals of his, saying that they’ve looked past the effects of their drug war at the border. He says that this war has been about violence, guns and manpower, where the focus needs to be on prohibition — the real problem.

Johnson’s viewpoints differ from many of his Republican rivals, except for Paul who says that each state should govern marijuana use. According to Mitt Romney, marijuana for both recreational use and for medical use should be banned nationwide, according to the Los Angeles Times. Johnson believes this medicinal treatment should be legal for all deserving individuals.

To make matters worse, Newt Gingrich, former Speaker of the House, is looking to expand the consequences and the prosecution for those who have been convicted of drug charges. He originally sponsored the “Drug Importer Death Penalty Act” in 1996. This bill aimed to give prison time or even the death sentence to those who have been convicted of trafficking drugs.
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It’s time to fight back and fight back hard. As the federal government continues its crackdown on medical marijuana in California, the California Medical Association is campaigning for the legalization of marijuana, according to the Los Angeles Times. The California Medical Association is the state’s largest doctor group and supports the use of marijuana as medicine as well as the benefits it provides to deserving patients.
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The Association represents about 35,000 physicians around the state. California’s law says that patients can receive medical marijuana through a doctor’s recommendation, but physicians are hesitant to grant the recommendation with the federal government’s recent enforcement against the treatment. Feds are using its power to triumph over the state’s law. While this has been a seemingly never-ending battle, the feds are calling upon all its power to take out the industry.

Our Orange County medical marijuana attorneys understand the threats that are being forced on the industry in the state. For this reason, it is important for all medical marijuana dispensaries to seek the representation of a qualified attorney to stand by you and help to protect your rights in the state of California. In recent federal government enforcement efforts, many dispensaries have been raided even though these operations are deemed legal in the state.

“It is important to note that for-profit, commercial marijuana operations are illegal not only under federal law, but also under California law,” said United States Attorney André Birotte Jr.

The California Medical Association says it recognizes that there are some health risks that can be associated with the treatment, but says the benefits outweigh those consequences.

There are many who are fighting against the call to legalize the treatment, including Robert DuPont, M.D., and a professor at Georgetown Medical School. He says that the call for legalization completely disregards the best interest of the public and its health.

But Dr. Igor Grant of the Center for Medicinal Cannabis at UC San Diego is defending the treatment, saying that there’s plenty of evidence that proves it has a significant medical value. He says it’s not foolproof, but says that it’s efficient in treating a plethora of conditions.

As we’ve recently reported, the U.S. government believes that medical marijuana has virtually no place in medicinal treatments. While President Barack Obama previously supported its use, he and his administration are stopping at nothing to hold strong to its stricter reclassification and to ban the drug throughout the country.

In an effort to cut off the resources of California dispensaries, the federal government is threatening landlords with possible criminal offenses if they don’t shut down these operations.

A recent survey conducted by the Public Policy Institute of California concluded that a majority of Californians support the complete legalization of the product.

The medical marijuana industry is battling against the world to protect a product that has already been deemed legal in the state.

The federal government has already started its mission to fight against dispensaries and landlords in Inland, Riverside and Orange Counties.
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Banks are now being victimized in the fight against medical marijuana in Los Angeles and elsewhere. Chase bank was recently instructed by the federal government to evict Marin Alliance for Medical Marijuana, according to ABC News. The banks are being targeted because they hold the mortgages for many clinics in the area. Feds know that without these banks, they may not be able to survive. By cutting off their resources, the feds are hoping to shut down dispensaries easier and sooner. Many of these letters make threats to the banks saying that if they don’t shut down these operations then they would face criminal action.
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As we’ve recently reported on our Marijuana Lawyer Blog, the federal government is kicking its enforcement efforts into high gear in an attempt to put an end to medical marijuana throughout the country. This is news that threatens a large number of residents in California, both for workers and users. This enforcement effort includes threatening letters, lawsuits and criminal drug trafficking enforcement. The enforcement against medical marijuana is starting in California, hoping to make an example for the rest of the country.

If you are the owner of a medical marijuana dispensary in California, you’re urged to contact an attorney to help you to prepare for the battle. The federal government is already playing dirty and using some serious scare tactics to force companies into submission. Medical marijuana was legalized in California in 1996. Since then 15 other states have followed in our footsteps and it’s no time to give in. We need to stand together and stand strong against the federal government. Medical marijuana is a treatment that many of our residents rely on to help regulate serious diseases, illnesses and conditions. It’s their right to treatment and we need to fight for the health of the state.

U.S. attorneys for Los Angeles, San Francisco, Sacramento and San Diego have already taken action against nearly 20 medical marijuana dispensaries in their federal districts. Reports indicate that the enforcement will land solely on the distributors and providers and not on the patients. However, cutting off patients’ supply to their medicine will directly affect our ill residents.

“This destructive attack on medical marijuana patients is a waste of limited law enforcement resources and will cost the state millions in tax revenue and harm countless lives,” said California Assemblyman Tom Ammiano.

Many marijuana advocates are calling on President Obama to stop the games. California should be able to provide medicine to deserving patients. That was how the Obama Administration used to think as they made a previous statement to respect state laws governing medical marijuana. That idea’s been tossed out the window and the administration is going back on its promises.

The federal government will start its battle in California and warns that other states should pay attention.

Cities that are already feeling the effect of the federal government’s enforcement:

-Rancho Santa Margarita
-Laguna Niguel
-Lake Forest
-Laguna Hills
-Dana Point
-Temecula
-Wildomar
-Murrieta
-Chino
-Montclair
-Upland
-Claremont
-Pomona Continue reading

You can do more than smoke medical marijuana. It’s also available as pot-infused barbecue sauce, butter and olive oil. It is oftentimes sold in biscotti, cupcakes and brownies. Medical marijuana in Los Angeles and elsewhere throughout the state is a thriving business that suits the needs of a number of deserving patients.
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Our Riverside medical marijuana attorneys understand how necessary these companies are to those who require the treatment. California Collective Care has been open for nearly two years now and oftentimes sees about 80 customers each day. Medical marijuana dispensaries and collectives can be a positive in struggling communities.

The Northern California dispensary is one of 15 marijuana businesses in Vallejo. The city believes that there are about 20 more companies that aren’t tracked on WeedMaps.com. The marijuana industry is just about the only thing in the city’s economy that continues to thrive. There are only about 116,000 residents in the city. It’s located about 25 miles north of San Francisco. Unfortunately, this city went bankrupt back in May of 2008. A number of local businesses closed and property values dropped. The city was forced to reduce its number of police officers by more than 30 percent to try to save a little money. Vallejo is one of the few places left that has no local laws to regulate the medicinal marijuana industry, partially because it does not have the funds to fight these companies in court, according to Bloomberg Businessweek.

Unfortunately, since the industry doesn’t have the full stamp of approval from the city they are still forced to operate in a gray area. Many of the owners of the dispensaries and the collectives are unable to get approved for company bank accounts and they’re unable to purchase health insurance for employees. Owners have gone to government officials and have asked to be taxed. Through taxes, they could then be classified as a legitimate business. In this case, both parties would benefit.

As the city climbs out of bankrupt, it has slowly begun to build up its police force. The next move is to put a measure on the ballot for voters to decide in November. The measure would impose a business-license tax on the dispensaries. They could be taxed up to 10 percent of gross sales.

“All the marijuana clubs in Vallejo want to be legal,” Tomada says. “We help the public every day of the week here. We just want to be recognized as part of the community.”

California was the first state to legalize the use of medical marijuana back in 1996. The goal of this legalization was to offer pain relief to those with AIDS, cancer and a number of other excruciating illnesses. Since then, doctors, patients and companies have faced a number of unnecessary crackdowns and illegitimate regulations to oversee the industry. The medical marijuana industry should be embraced by the state and used to generate much-needed revenue, to assist local patients and to fuel the city’s economy.
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A 5-2 vote recently solidified Chico City Council’s decision to disallow medical marijuana dispensaries in Chico. The city arrived at this decision after concluding that it didn’t want to pass an ordinance that would violate federal drug laws, according to Chico ER. If the law were to have been passed, two dispensaries in the city would have been allowed to open. This decision has been a back and forth process in previous years.
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Bob Evans, a Chico City Councilman, says that he doesn’t think that disallowing these dispensaries puts the city at any less of a risk from being prosecuted by the federal government. He goes on to compare being less illegal to being “less pregnant.” He says you either are or you aren’t. There’s no in between.

Our Los Angeles medical marijuana attorneys understand that many counties continue to battle with state and federal laws that govern medical marijuana usage. Medical marijuana dispensaries, collectives and users have been granted rights by state law — though they continue to be infringed upon.

Back on the 5th of July, the same council members stuck a vote of 4-3 that would allow them to adopt the dispensary ordinance. Just a few days before the council voted, the city’s mayor received a letter a U.S. attorney that said that the city and its regulations were breaking federal laws. Mayor Ann Schwab and Councilmen Bob Evans and Mark Sorensen both rethought their vote.

Later, on the 14th of July, the city’s attorney, manager and police officers held a meeting with a U.S. attorney and learned that their city could face federal prosecution if they were to allow these dispensaries and if they continued to ignore federal laws. This after the Obama Administration’s previous directive that the feds would not target states where medical marijuana is legal.

The issue was brought back to the council on the 2nd of August by the City Manager, Dave Burkland. A few members have switched their votes, but nothing has changed with the rules that residential growers must abide by.

The official repeal will be back in discussion before the council during a public hearing on the 6th of September. Then there will be a final adoption. Until then, the city plans to observe the actions and reactions of other cities that are fighting similar battles regarding medical marijuana and they will then bring the issue back up in another six months.

As many are voting to repeal the ordinance, there are also a number of changes being made to it to make it follow federal laws more closely. These changes include eliminating references to cultivation and law enforcement oversight.

“This is a public health ordinance. That’s how I see it,” said Councilman Andy Holcombe. “That’s why we should pass it.”

We understand that the battle between state and federal government is far from over. Until a final regulation is enacted that is consistent everywhere, the industry will continue to be the victim of on-the-fly regulations from varying agencies.
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Proposition 215 was approved by California voters back in 1996. Under the Compassionate Use Act patients and caregivers who possess or cultivate medical marijuana in Los Angeles and elsewhere throughout California that has been recommended by a physician are exempt from criminal laws.

Back in 2003, the state legislature enacted Senate Bill 420. The Medical Marijuana Program Act was aimed at clarifying the application of Proposition 215. It expanded immunity from prosecution to doctor-recommended patients and their caregivers who transport marijuana and it required California counties to establish an identification card program for all users. Furthermore, it recognized the right of collective and cooperative cultivation of medical marijuana.
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Our Orange County medical marijuana attorneys understand that since we passed these initial laws, the medical marijuana industry has come under extreme scrutiny for operating in a legal field. Since then, there have been a number of location-regulating amendments and imposing municipalities that have left the medical marijuana industry feeling criminalized.

This is the first part of a two-part blog that looks around at the state at various counties and their individual regulations on the medical marijuana industry.

Del Mar

Del Mar is one of a number of cities in the region that has restricted medical marijuana dispensaries. Instead of a ban, the city looks to create strict zones for their dispensaries to determine a property’s allowable uses, according to City Attorney Leslie Devaney. The city’s only medical marijuana dispensary was recently shut down after receiving orders from a superior court judge. The manager of that dispensary, Patrick Kennedy, proudly states that it is his right to operate under state law.

Coronado

According to City Clerk Linda Hascup, the city’s municipal code does not currently list a medical marijuana dispensary as an approved use. There is no current action being considered or action that is pending that would add that type of use in the jurisdiction, according to SignOn San Diego.

El Cajon

El Cajon also has a zoning reflations where distributing medicinal marijuana is prohibited within commercial areas. Councilman Bill Wells recently expressed his disappointment with the county’s decision to provide a permit to a 15,200-square-foot dispensary located right outside of the city limits near Gillespie Field.

“It’s against federal law and California is thumbing its nose,” Wells said.

La Mesa

La Mesa does not permit medical marijuana dispensaries.

“Those uses and structures as provided in the various zone regulations herein shall be permitted, all others shall be prohibited,” City Clerk Mary Kennedy said about the city’s zoning ordinance.

Throughout 2011, a handful of people have applied for a business license to open and operate as a collective in La Mesa. Property owners remain subject to civil or criminal charges if they violate the current zoning rules.

Encinitas

Since medical marijuana dispensaries are not listed as an allowable use within the city’s zoning code, they are not allowed.

“As such, we do not have any ordinance or policies that regulate medical marijuana dispensaries,” says the Planning and Building Director, Patrick Murphy .

Escondido

Back in August of 2009, the Escondido City Council voted against medical marijuana dispensaries and banned them entirely in the area. Officials continue to stress that marijuana remains an illegal controlled substance under federal law. They have also created rules that state medical marijuana dispensaries don’t qualify as primary caregivers under the health and safety code. Violators can face a number of charges and steep fines.

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Advocates of marijuana in Orange County and elsewhere in the state of are back at it, making another attempt at legalizing recreational use of the drug. Earlier this week, the secretary of state’s office approved the circulation of ballot petitions for their proposition. Supporters of the drug must collect nearly 505,000 signatures from residents by the 19th of December in order to get the initiative to appear on the ballot next year.

This wave of support, headed by medical marijuana activist Steve Kubby, varies from California’s Proposition 19. This was the failed attempt to legalize recreational marijuana during the 2010 midterm elections.
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Our Los Angeles medical marijuana attorneys would like to recognize the continuous efforts of these advocates. We also see the strategy of this campaign as next year’s presidential election is more likely to gain better support from a broader group of voters. Midterm elections typically bring out more conservatives.

In their latest attempt, they’re pushing to legalize marijuana by asking that people who grow the plant be treated like vintners and microbrewers. These people are not taxed when they keep the product for themselves.

The proposition recommends that those who sell marijuana be regulated by the state Department of Alcoholic Beverage Control.

When Proposition 19 was voted down in 2010 by a 54-46 percent vote, liberal and conservative politicians alike joined together in rejecting the proposal. If Proposition 19 would have passed, California would have been the first state to legalize smoking pot recreationally.

The California chapter of the National Association for the Advancement of Colored People (NAACP) called for an end to the “war on drugs” in what it called a “historic resolution.” Its resolution endorses rehabilitation programs. This theory is supported by recently released data that concludes that African Americans were nearly 15 times more likely to go to jail than whites for the same drug-related offense.

“These flawed drug policies that have been mostly enforced in African American communities must be stopped and replaced with evidenced-based practices that address the root causes of drug use and abuse in America,” said Benjamin Todd Jealous, president and CEO of the NAACP.

Throughout the Proposition 19 campaign a number of other black leaders voiced their opposing opinions on the legalization of the drug, saying that it would in fact harm the black community.

“It will cause more carnage, more devastation, more crime, more burglary in that community or in any other community. It doesn’t make sense. How can you educate an intoxicated mind? You can’t,” says Ron Allen, who is president of the International Faith-Based Coalition and is African American. “If Martin Luther King could hear something like that, he would turn over in his grave, knowing that our greatest civil rights organization is talking about legalizing a drug and calling that civil rights.”

In California, current law states that the possession of up to one ounce of marijuana is only an infraction. Former Gov. Arnold Schwarzenegger signed that law, making the punishment for possession the same as the punishment for a speeding ticket.
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