California’s Growing Industry

by Jack Lee with portions from the SF Chronical

In the spirit of keeping up the so called war-on-drugs, California Gov. Arnold Schwarzenegger (R) Thursday signed into law a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction. Marijuana is a growing industry in California and brings in about $14bn in tax free money to those willing to take a small risk in cultivation and distribution. For instance, a 20X15 room with grow lights can produce up to $5000 in a little over one month’s time. In Mendicino pot farmers average about $65,000 a year in tax free income and some make a lot more, ranging into the hundreds of thousands for which they pay no taxes. In some areas where there is abundant and cheap empty homes growers rent or buy those houses just to grow their pot. As an example both Sacramento and Stockton have been targeted because of the empty housing. This pot business is booming, thanks to government mismanagement.

Consider, this comes at a time when people are hard hit by a recession and desperate for a little extra cash. Along comes the virtual decriminalization of marijuana and a huge demand thanks to these fake prescriptions. This has law enforcement overwhelmed and disgusted. D.A. are not interested in prosecution pot cases unless they are really huge.

Gov. Arnold Schwarzenegger signing of the latest pot bill only encourages more cultivation and gives law enforcement less reason to bother with enforcement. This has truly created a prohibition type atmosphere where a whole lot of people are taking their cuts and there’s a massive criminal underground at work within California that includes Mexican drug cartels.

Currently, small-time pot possession is “semi-decriminalized” in California. There is no possible jail sentence and a maximum $100 fine. But because possession is a misdemeanor, people caught with pot are “arrested,” even if that means only they are served a notice to appear, and they must appear before a court.

That has happened to more than a half million Californians in the last decade, and more than 60,000 last year alone. Every one of them required a court appearance, complete with judge and prosecutor. That costs the cash-strapped state money it desperately needs.

Under the bill signed today, SB 1449, by Sen. Mark Leno (D-San Francisco), marijuana possession will be treated like a traffic ticket. The fine will remain at $100, and there will be no arrest record.

In a signing statement, Schwarzenegger said he opposed decriminalization for personal use — and threw in a gratuitous jab at Proposition 19, the tax and regulate marijuana legalization initiative — but that the state couldn’t afford the status quo.

“I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name,” said Schwarzenegger. “The only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney. In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.”

“Gov. Schwarzenegger deserves credit for sparing the state’s taxpayers the cost of prosecuting minor pot offenders,” said California NORML director Dale Gieringer. “Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources.”