Legalizing marijuana in California

Introduction

California would become the first state in the nation to legalize marijuana for recreational use under a bill. The proposal would regulate marijuana like alcohol, with people over 21 years old allowed to grow, buy, sell and possess cannabis - all of which is barred by federal law. While Californians have shown some tolerance for marijuana, such as use for medical conditions with voters' passage of Proposition 215 in 1996, the proposal will face tough opposition in Sacramento. This bill permitted taxed sales of marijuana to adults while barring sales to or possession by anyone under age 21. A similar regulatory structure already exists for alcoholic beverages (Abrahamov, 76).

In 1937, the Marijuana (Marihuana) Tax Act was introduced by Henry A slinger and passed, levying taxes on anyone who was associated with cannabis, hemp, or marijuana. These types of association include possession, use, sale, and many other acts which would be considered illegal today. In addition to the taxes provisioned by the bill, penal codes for the procedural use and possession of marijuana were also outlined - violators could face five years in prison in up to a $2,000 fine (Abrams, 20). In 1951, an act that superseded the Marijuana Tax Act was passed criminalizing the possession and use of cannabis, hemp, and/or marijuana. In 1969, in the case of Leary v. United States, the Marihuana Tax Act of 1937 was overturned on the grounds of the 5th Amendment because those seeking a tax stamp would have to incriminate themselves (Armentano, 290). In 1970, Congress passed the Controlled Substances Act listing cannabis as a Schedule I drug. Despite the Controlled Substances Act of 1970, many states and local cities began to decriminalize marijuana citing possession, use, sale etc. as low priority offenses. Although many attempts have been made to ...