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s and away from children; it does not legalize sales on the streets, near schools or to minors. Taxing and regulating cannabis sales does not promote marijuana use, allow broadcast or billboard advertising, or smoking in public.

 

Taxing and regulating cannabis sales:
Broad Based Support for 'Solutions' Not 'Wars'

Community groups, elected officials, educators, religious leaders, and doctors around the world agree: Taxing and regulating cannabis sales is the right thing to do.

Tax and regulate cannabis sales to adults

1. What is the purpose of a Cannabis Regulation Ordinance?

This ordinance officially makes private adult cannabis (marijuana) offenses the lowest police priority. It should also direct the city or county to support changes in public policy to allow licensing, sale, and regulation of marijuana for private adult use. The purpose of this ordinance is to reduce law enforcement costs, eliminate criminal traffickers, keep cannabis off the streets and away from children, raise much-needed revenue for the city, and advocate for sensible changes to cannabis law at the state level, and other levels of government as necessary.

 

2. How, specifically, does tolerating, taxing and regulating cannabis sales work in Oakland?

(1) The Oakland Cannabis Regulation and Revenue Ordinance "OCRRO" policy makes investigation, arrest, prosecution and imprisonment for private adult marijuana offenses the lowest law enforcement priority, while continuing to enforce violations involving distribution to children, street sales and use, and motor vehicle violations.

(2) Calls on the City to establish a system to license, tax and regulate cannabis for adult use as soon as possible consistent with California law, with regulations to prevent access by minors, require good business practices and health and safety standards, prohibit sales near schools, limit public advertising, and license on-site consumption.

(3) Created a community oversight committee to monitor implementation of the ordinance and to monitor disbursement of funds raised through cannabis fees and taxes to ensure that they are being spent properly.

(4) Calls on the State (and other levels of government as necessary) for changes in law to allow Oakland and other communities to tax and license cannabis.

 

3. Why do you believe taxing and regulating cannabis sales is likely to pass in local communities?

In January 2004, a public opinion poll was commissioned of 600 Oakland, California, likely voters. This poll found a whopping 90% of Oakland voters believe the federal war on drugs is a failure. A full 75% of respondents wanted the enforcement of private, adult cannabis offenses to be the lowest priority for law enforcement. In a July poll of 400 likely voters in Oakland, 70% supported the legalization of marijuana. When read the entire ballot language, 65% said they would support it, even after hearing arguments from the opposition.

In recent years, similar ordinances have passed in Seattle, Washington and Mendocino County, California. A recent article in the Seattle Times entitled "Marijuana Measure Called Effective by Supporters and Foes" reported that marijuana crimes are down since the measure was enacted. "The number of people prosecuted for pot possession has plummeted, and despite predictions of naysayers, there is no evidence of widespread public pot consumption as a result of the measure, which voters approved last year," it said.

It is politically safe in Oakland for elected officials to support cannabis law reform. When asked how they would feel about a politician who publicly supported changing cannabis policy toward a tax-and-regulate approach, 40% of likely voters said they would be more likely to vote that candidate, 39% said that it would make no difference in their vote, while only 16% would be less likely to vote for them.

In November 2004, Oakland voters passed Measure Z by 65.2%, declaring their intention to tolerate and zone private adult sales, cultivation and use of marijuana. An oversight committee will keep this great social experiment on track. This local option approach is similar to the roots of medical marijuana, which first took political hold in 1992 as a City voter ordinance in San Francisco, California. Other cities took up the issue, and in 1996 voters statewide passed Proposition 215 to legalize medical marijuana.

Voters across the state are gearing up to undertake local campaigns to assert local option to allow regulated cannabis sales and benefit from the resulting tax revenues and social benefits. The issue has a broad base of support, as can be seen from the list of Measure Z endorsements, including elected officials, community groups, doctors, and patients. Here's a partial list:

Congresswoman Barbara Lee

Senator Don Perata

Senator John Vasconcellos

Alameda County Supervisor Nate Miley

Alameda County Supervisor Keith Carson

Oakland City Councilmember Nancy Nadel

Oakland City Councilmember Desley Brooks

Oakland School Board Member Dan Siegel

California Nurses Association

Democratic Party of Alameda County

Metropolitan Greater Oakland Democratic Club

Center on Juvenile and Criminal Justice

Dr. Frank Lucido, MD, Family Practice Physician

Rev. Harold Mayberry, FAME Church of Oakland:

 

4. Does such an initiative violate the law?

No, this initiative does not violate the law -- instead it seeks to change the law. The policy does not force anyone to break laws, but rather, calls for tolerance of private adult activities and for local government to support efforts to reform state and national laws. The Oakland ordinance avoids calling upon the City to license, regulate or tax cannabis sales until it is possible to do so under California law.

 

5. Does regulating cannabis sales allow people to sell marijuana on the streets?

No! This initiative seeks to take cannabis off the streets, and out of the hands of dangerous criminals, by moving it into regulated businesses. Street dealing will continue to be illegal and enforced as always. By allowing controlled indoor sales, tolerance takes the appeal and the profit out of street dealing and thereby reduces its occurences.

 

6. Will taxing and regulating cannabis sales help medical marijuana patients?

Yes. Failure of government at various levels to allow sales through licensed medical marijuana dispensaries has forced patients out onto the streets and into the underground marketplace. Qualified medical marijuana patients continue to face harassment and possible arrest just to acquire their medicine. If adult sales are regulated, that will improve patient access to their medicine and reduce their risk of undue and damaging legal encounters. Allowing competition in the marketplace will also reduce the prices they pay.

 

7. How can I help get cannabis tolerated, taxed and regulated?

To get involved or donate, please contact the Oakland Civil Liberties Alliance, FPPC ID# 1259121

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