A new bill is being proposed in California that would decriminalize the use and sale of marijuana.

Assemblyman Tom Ammiano’s bill, AB390, would make the state the first in the country to allow non-medical marijuana use. But just because it would decriminalize smokers, the bill doesn’t go so far as to exactly legalize the drug.

In the bill's language, only if "federal law permits possession and sale consistent with this program," would the measure legalize marijuana for adults 21 and older, with regulations like those that apply to alcohol.

Activists for marijuana legalization tend to agree there should be a minimum age for marijuana use.

“We do think there needs to be an age limit and it probably makes sense to have it be the same age as alcohol”, said Bruce Mirkin, spokesman for Marijuana Policy Project, a group that advocates the drug’s legalization. “There is evidence that use of marijuana while your brain is still developing can be problematic. In the absence of proof that it’s safe, you only get one brain, probably better not to mess with it while it’s still developing.”

Ammiano introduced AB390 in February but says he will not try to bring it to a vote until next year, which means even if it’s passed, the bill would not take effect until 2011.

Although Ammiano is concerned with the right timing to bring AB390 to a vote, recent polls show that Californians may be more progressive on the issue than their representatives. In a recent Field Poll, 56 percent of Californians favored legalizing, regulating and taxing marijuana use. A nationwide Zogby Poll last week found 52 percent of people in favor of the drug’s legalization.

Even Governor Schwarzenegger seems to be warming up to the idea, saying last week that it’s “time for debate” on whether taxing marijuana use could help close California’s budget deficit.

Still, many in California are strongly against marijuana legalization. "We have alcohol, tobacco, pharmaceuticals. Why on earth would any sane person want to add another mind-altering substance to the available legal array?" John Lovell, lobbyist for the California Peace Officers Association, California Narcotics Officers Association and California Police Chiefs Association told the San Francisco Chronicle.

President Obama is not looking to make legalization his issue either. Although he has written about using the drug when he was in college, at a recent town hall meeting on March 26, he responded to a question about its legalization by making a joke. “I don't know what [the popularity of this question] says about the online audience." Then he added, "No, I don't think that is a good strategy to grow our economy."

Still, many marijuana activists are encouraged by the recent momentum and increased dialogue for the drug’s legalization. But they also realize that use will be legalized first on a state, not federal level.