Calif. tax officials: Legal pot would bring $1.4B



SAN FRANCISCO – A bill to tax and regulate marijuana in California like alcohol
would generate nearly $1.4 billion in revenue for the cash-strapped state, according
to an official analysis released Wednesday by tax officials.

The State Board of Equalization report estimates marijuana retail sales would bring
$990 million from a $50-per-ounce fee and $392 million in sales taxes.

The bill introduced by San Francisco Democratic Assemblyman Tom Ammiano in
February would allow adults 21 and older to legally possess, grow and sell marijuana.

Ammiano has promoted the bill as a way to help bridge the state's $26.3 billion
budget shortfall.

"It defies reason to propose closing parks and eliminating vital services for the poor
while this potential revenue is available," Ammiano said in a statement.

The way the bill is written, the state could not begin collecting taxes until the federal
government legalizes marijuana. A spokesman says Ammiano plans to amend the bill
to remove that provision.

The legislation requires all revenue generated by the $50-per-ounce fee to be used
for drug education and rehabilitation programs. The state's 9 percent sales tax would
be applied to retail sales, while the fee would likely be charged at the wholesale level
and built into the retail price.

The Equalization Board used law enforcement and academic studies to calculate that
about 16 million ounces — or 500 tons — of marijuana are consumed in California
each year.

Marijuana use would likely increase by about 30 percent once the law took effect
because legalization would lead to falling prices, the board said.

Estimates of marijuana use, cultivation and sales are notoriously difficult to come by
because of the drug's status as a black-market substance. Calculations by marijuana
advocates and law enforcement officials often differ widely.

"That's one reason why we look at multiple reports from multiple sources — so that
no one agenda is considered to be the deciding or determining data," said board
spokeswoman Anita Gore.

Advocates and opponents do agree that California is by far the country's top pot-
producing state. Last year law enforcement agencies in California seized nearly 5.3
million plants.

If passed, Ammiano's bill could increase the tension between the state and the U.S.
government over marijuana, which is banned outright under federal law. The two
sides have clashed often since state voters passed a ballot measure in 1996
legalizing marijuana for medical use.

At the same time, some medical marijuana dispensary operators in the state have
said they are less fearful of federal raids since U.S. Attorney General Eric Holder said
the Justice Department would defer to state marijuana regulations.

Advocates pounced on the analysis as ammunition for their claim that the ban on
marijuana is obsolete.

"We can't borrow or slash our way out of this deficit," said Stephen Gutwillig,
California state director of the Drug Policy Alliance. "The legislature must consider
innovative sources of new revenue, and marijuana should be at the top of that list."

Ammiano's bill is still in committee. Hearings on the legislation are expected this fall.

Also Wednesday, three Los Angeles City Council members proposed taxing medical
marijuana to help close the city's budget gap.

Council members Janice Hahn, Dennis Zine and Bill Rosendahl backed a motion
asking city finance officials to explore taxing the drug.

Hahn said that with more than 400 dispensaries operating in the city, the tax could
generate significant revenue. The motion pointed out that a proposed tax increase on
medical marijuana in Oakland, which has only four dispensaries, was projected to
bring in more than $300,000 in 2010.

Meanwhile, marijuana supporters have taken the first official step toward putting the
legalization question directly to California voters.

A trio of Northern California criminal defense attorneys on Wednesday submitted a
pot legalization measure to the state attorney general's office, which must provide an
official summary before supporters can begin gathering signatures.

About 443,000 signatures are necessary to place The Tax, Regulate and Control
Cannabis Act on the November 2010 ballot. The measure would repeal all state and
local laws that criminalize marijuana.