Is the Tide Turning on the Marijuana Legalization Conversation?

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The California Blue Ribbon Commission on Marijuana Policy just changed the conversation on marijuana legalization. In the past, the discussion centered on decriminalization but not regulation. Lt. Gov. Gavin Newsom, however, recently addressed this important issue with much more scrutiny than in years past. Newsom believes that any successful piece of legislation will require additional scrutiny if regulation is to be successful.

After a failed attempt to legalize marijuana in the last election, the Commission prepared a report, available here, that provides several recommendations on crafting policies regarding marijuana regulation. The report provides the following four guiding principles for legalization to take place:

  • Promoting the public interest
  • Reducing the size of the illicit market
  • Offering legal protection to responsible actors
  • Capturing and investing tax revenue

A recent Sacramento Bee article highlighted the different tone being taken on this issue. It appears the conversation revolving around marijuana legalization will include several factors for consideration, such as enforcement, child protection and revenue generation. Importantly, the discussion is focused on regulations that will track the distribution of marijuana, with a strong emphasis on enforcement mechanisms that will prohibit access to minors and prevent the creation of the next “Big Tobacco” in California. Newsom said that, if legalization initiatives are loosely drafted in an attempt to capitalize on this “California gold rush,” he will “work hard to defeat it.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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