canorml.org

SACRAMENTO, Fri. Sept 12. This year's session of the CA legislature ended in disappointment for marijuana reformers as the Assembly turned down a bill, SB 131 by Sen. Byron Sher, to decriminalize possession of 1 ounce or less of marijuana from a misdemeanor to an infraction.

"In this time of record budget shortfalls, it's a shame that our politicians lack the political will to stop wasting money prosecuting petty marijuana offenses," commented California NORML coordinator Dale Gieringer.

Supporters are still hopeful that SB 131 will be passed on re-consideration by the Assembly next year. The vote was 36-36, five votes short of passage.

In addition to rejecting SB 131, the legislature further angered marijuana supporters by adopting a hastily conceived amendment to the Sen. Vasconcellos medical marijuana bill, SB 420, establishing a "guideline" of one half pound and 6 mature or 12 immature marijuana plants. California NORML strongly opposed the guidelines as ill-founded and unscientific. Instead, it had supported the original version of SB 420, which would have had the Dept of Health Services determine guidelines pursuant to public hearings. However, the Davis administration had opposed this on the grounds that it would be too costly a burden on DHS. In a last-ditch effort to rescue the bill, Sen.Vasconcellos decided to write guidelines into it. After giving serious consideration to a proposal by patient advocates to adopt guidelines based on NIDA's compassionate use program, which allows patients to have over 6 pounds per year, Sen. Vasconcellos found this would be politically unworkable, and instead negotiated the half-pound, 6/12 plant limit with Attorney General Lockyer's office.

Patient advocates bitterly denounced the amended bill, though a few voiced cautious support. "Cultivation guidelines are a complex and delicate matter deserving careful consideration of expert testimony, not something to be settled by 11th-hour back room political deals," commented Gieringer. "The proposed guidelines have no relation to patients' actual needs because they are based on simplistic plant numbers. A single marijuana plant can yield from as little as 1 gram to over 10,000 grams. The only sensible way to set guidelines is by garden area and lighting, which determine the actual yield. Setting guidelines this way is making laws like sausage."

Despite the objections of activists, the vote on SB 420 was viewed as a test of support for medical marijuana in the legislature. Supporters of medical marijuana lined up solidly in support of SB 420, while opponents lined up against it. SB 420 was approved 42-32 in the Assembly and 24-14 in the Senate. The only Republican to vote for SB 420 was gubernatorial candidate Sen. Tom McClintock, a declared supporter of medical marijuana.

SB 420 now goes to the desk of Gov. Davis, who must decide whether to sign it before the recall election.

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VOTE ON SB 131:
SB 131 failed the Assembly due to lack of support from Democrats. Republicans unanimously opposed the bill, except for Ray Haynes, who was absent.
The following Democrats failed to vote, killing the bill.
Marco Firebaugh (LA)
Dario Frommer (LA)
Jerome Horton (Inglewood)
Cindy Montanez (San Fernando)
George Nakano (Torrance)
Sally Reyes (Fresno)
Simon Salinas (Salinas)
The following Democrats voted no:
Lou Correa (Anaheim)
Rebecca Cohn (Saratoga)
Manny Diaz (San Jose)
Nicole Parra (Fresno)
Barbara Matthews (Stockton)