2010 Tax, Regulate and Control Poll

[danko]

its not that complicated capo. just because your not understanding it doesnt mean its not good.
proper channels... for example. for you want to get weed legally now, you would have to use the proper channels. either you grew it yourself with your dr's rec. or you bought it from your dispensary, who got it from a state licensed medical grower. cause remember, you cant grow for a collective with out a state license. witch costs 131 dollars and took 10 minutes to get. dam these crazy state regulatory fees!!!

growers aint paying tax on there product? really? maybe not you but legit ones like myself sure as shit are. i have to log every pound i sell. along with my costs of growing and file every year state and fed tax. you have to have a federal ein number to get a wholesale license to legally sell herb to a dispensary, of which you are a member. i have received no threats from anyone trying to take my crops for not paying taxes. and im pretty sure no other vendors have either.

 

[danko]

anyway to elaborate on what that bill above is protecting....

arnt those numbers mentioned somewhere in this bill about being exempt from the tax and regulate act? im pretty sure i bold printed it above....

i mean if i still havent conviced anyone...please keep asking me to prove it.

11362.5. (a) This section shall be known and may be cited as the
Compassionate Use Act of 1996.
(b) (1) The people of the State of California hereby find and
declare that the purposes of the Compassionate Use Act of 1996 are as
follows:
(A) To ensure that seriously ill Californians have the right to
obtain and use marijuana for medical purposes where that medical use
is deemed appropriate and has been recommended by a physician who has
determined that the person's health would benefit from the use of
marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or any other illness for
which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who
obtain and use marijuana for medical purposes upon the recommendation
of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a
plan to provide for the safe and affordable distribution of marijuana
to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that
endangers others, nor to condone the diversion of marijuana for
nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in
this state shall be punished, or denied any right or privilege, for
having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and
Section 11358, relating to the cultivation of marijuana, shall not
apply to a patient, or to a patient's primary caregiver, who
possesses or cultivates marijuana for the personal medical purposes
of the patient upon the written or oral recommendation or approval of
a physician.
(e) For the purposes of this section, "primary caregiver" means
the individual designated by the person exempted under this section
who has consistently assumed responsibility for the housing, health,
or safety of that person.

 

[danko]

11362.7. For purposes of this article, the following definitions
shall apply:
(a) "Attending physician" means an individual who possesses a
license in good standing to practice medicine or osteopathy issued by
the Medical Board of California or the Osteopathic Medical Board of
California and who has taken responsibility for an aspect of the
medical care, treatment, diagnosis, counseling, or referral of a
patient and who has conducted a medical examination of that patient
before recording in the patient's medical record the physician's
assessment of whether the patient has a serious medical condition and
whether the medical use of marijuana is appropriate.
(b) "Department" means the State Department of Health Services.
(c) "Person with an identification card" means an individual who
is a qualified patient who has applied for and received a valid
identification card pursuant to this article.
(d) "Primary caregiver" means the individual, designated by a
qualified patient or by a person with an identification card, who has
consistently assumed responsibility for the housing, health, or
safety of that patient or person, and may include any of the
following:
(1) In any case in which a qualified patient or person with an
identification card receives medical care or supportive services, or
both, from a clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2, a health care facility licensed pursuant
to Chapter 2 (commencing with Section 1250) of Division 2, a
residential care facility for persons with chronic life-threatening
illness licensed pursuant to Chapter 3.01 (commencing with Section
1568.01) of Division 2, a residential care facility for the elderly
licensed pursuant to Chapter 3.2 (commencing with Section 1569) of
Division 2, a hospice, or a home health agency licensed pursuant to
Chapter 8 (commencing with Section 1725) of Division 2, the owner or
operator, or no more than three employees who are designated by the
owner or operator, of the clinic, facility, hospice, or home health
agency, if designated as a primary caregiver by that qualified
patient or person with an identification card.
(2) An individual who has been designated as a primary caregiver
by more than one qualified patient or person with an identification
card, if every qualified patient or person with an identification
card who has designated that individual as a primary caregiver
resides in the same city or county as the primary caregiver.
(3) An individual who has been designated as a primary caregiver
by a qualified patient or person with an identification card who
resides in a city or county other than that of the primary caregiver,
if the individual has not been designated as a primary caregiver by
any other qualified patient or person with an identification card.
(e) A primary caregiver shall be at least 18 years of age, unless
the primary caregiver is the parent of a minor child who is a
qualified patient or a person with an identification card or the
primary caregiver is a person otherwise entitled to make medical
decisions under state law pursuant to Sections 6922, 7002, 7050, or
7120 of the Family Code.
(f) "Qualified patient" means a person who is entitled to the
protections of Section 11362.5, but who does not have an
identification card issued pursuant to this article.
(g) "Identification card" means a document issued by the State
Department of Health Services that document identifies a person
authorized to engage in the medical use of marijuana and the person's
designated primary caregiver, if any.
(h) "Serious medical condition" means all of the following medical
conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to,
spasms associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated
with epilepsy.
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one
or more major life activities as defined in the Americans with
Disabilities Act of 1990 (Public Law 101-336).
(B) If not alleviated, may cause serious harm to the patient's
safety or physical or mental health.
(i) "Written documentation" means accurate reproductions of those
portions of a patient's medical records that have been created by the
attending physician, that contain the information required by
paragraph (2) of subdivision (a) of Section 11362.715, and that the
patient may submit to a county health department or the county's
designee as part of an application for an identification card.
11362.71. (a) (1) The department shall establish and maintain a
voluntary program for the issuance of identification cards to
qualified patients who satisfy the requirements of this article and
voluntarily apply to the identification card program.
(2) The department shall establish and maintain a 24-hour,
toll-free telephone number that will enable state and local law
enforcement officers to have immediate access to information
necessary to verify the validity of an identification card issued by
the department, until a cost-effective Internet Web-based system can
be developed for this purpose.
(b) Every county health department, or the county's designee,
shall do all of the following:
(1) Provide applications upon request to individuals seeking to
join the identification card program.
(2) Receive and process completed applications in accordance with
Section 11362.72.
(3) Maintain records of identification card programs.
(4) Utilize protocols developed by the department pursuant to
paragraph (1) of subdivision (d).
(5) Issue identification cards developed by the department to
approved applicants and designated primary caregivers.
(c) The county board of supervisors may designate another
health-related governmental or nongovernmental entity or organization
to perform the functions described in subdivision (b), except for an
entity or organization that cultivates or distributes marijuana.
(d) The department shall develop all of the following:
(1) Protocols that shall be used by a county health department or
the county's designee to implement the responsibilities described in
subdivision (b), including, but not limited to, protocols to confirm
the accuracy of information contained in an application and to
protect the confidentiality of program records.
(2) Application forms that shall be issued to requesting
applicants.
(3) An identification card that identifies a person authorized to
engage in the medical use of marijuana and an identification card
that identifies the person's designated primary caregiver, if any.
The two identification cards developed pursuant to this paragraph
shall be easily distinguishable from each other.
(e) No person or designated primary caregiver in possession of a
valid identification card shall be subject to arrest for possession,
transportation, delivery, or cultivation of medical marijuana in an
amount established pursuant to this article, unless there is
reasonable cause to believe that the information contained in the
card is false or falsified, the card has been obtained by means of
fraud, or the person is otherwise in violation of the provisions of
this article.
(f) It shall not be necessary for a person to obtain an
identification card in order to claim the protections of Section
11362.5.
11362.715. (a) A person who seeks an identification card shall pay
the fee, as provided in Section 11362.755, and provide all of the
following to the county health department or the county's designee on
a form developed and provided by the department:
(1) The name of the person, and proof of his or her residency
within the county.
(2) Written documentation by the attending physician in the person'
s medical records stating that the person has been diagnosed with a
serious medical condition and that the medical use of marijuana is
appropriate.
(3) The name, office address, office telephone number, and
California medical license number of the person's attending
physician.
(4) The name and the duties of the primary caregiver.
(5) A government-issued photo identification card of the person
and of the designated primary caregiver, if any. If the applicant is
a person under 18 years of age, a certified copy of a birth
certificate shall be deemed sufficient proof of identity.
(b) If the person applying for an identification card lacks the
capacity to make medical decisions, the application may be made by
the person's legal representative, including, but not limited to, any
of the following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for
health care or surrogate decisionmaker authorized under another
advanced health care directive.
(3) Any other individual authorized by statutory or decisional law
to make medical decisions for the person.
(c) The legal representative described in subdivision (b) may also
designate in the application an individual, including himself or
herself, to serve as a primary caregiver for the person, provided
that the individual meets the definition of a primary caregiver.
(d) The person or legal representative submitting the written
information and documentation described in subdivision (a) shall
retain a copy thereof.
11362.72. (a) Within 30 days of receipt of an application for an
identification card, a county health department or the county's
designee shall do all of the following:
(1) For purposes of processing the application, verify that the
information contained in the application is accurate. If the person
is less than 18 years of age, the county health department or its
designee shall also contact the parent with legal authority to make
medical decisions, legal guardian, or other person or entity with
legal authority to make medical decisions, to verify the information.
(2) Verify with the Medical Board of California or the Osteopathic
Medical Board of California that the attending physician has a
license in good standing to practice medicine or osteopathy in the
state.
(3) Contact the attending physician by facsimile, telephone, or
mail to confirm that the medical records submitted by the patient are
a true and correct copy of those contained in the physician's office
records. When contacted by a county health department or the county'
s designee, the attending physician shall confirm or deny that the
contents of the medical records are accurate.
(4) Take a photograph or otherwise obtain an electronically
transmissible image of the applicant and of the designated primary
caregiver, if any.
(5) Approve or deny the application. If an applicant who meets
the requirements of Section 11362.715 can establish that an
identification card is needed on an emergency basis, the county or
its designee shall issue a temporary identification card that shall
be valid for 30 days from the date of issuance. The county, or its
designee, may extend the temporary identification card for no more
than 30 days at a time, so long as the applicant continues to meet
the requirements of this paragraph.
(b) If the county health department or the county's designee
approves the application, it shall, within 24 hours, or by the end of
the next working day of approving the application, electronically
transmit the following information to the department:
(1) A unique user identification number of the applicant.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the county's designee that has approved the application.
(c) The county health department or the county's designee shall
issue an identification card to the applicant and to his or her
designated primary caregiver, if any, within five working days of
approving the application.
(d) In any case involving an incomplete application, the applicant
shall assume responsibility for rectifying the deficiency. The
county shall have 14 days from the receipt of information from the
applicant pursuant to this subdivision to approve or deny the
application.
11362.735. (a) An identification card issued by the county health
department shall be serially numbered and shall contain all of the
following:
(1) A unique user identification number of the cardholder.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the county's designee that has approved the application.
(4) A 24-hour, toll-free telephone number, to be maintained by the
department, that will enable state and local law enforcement
officers to have immediate access to information necessary to verify
the validity of the card.
(5) Photo identification of the cardholder.
(b) A separate identification card shall be issued to the person's
designated primary caregiver, if any, and shall include a photo
identification of the caregiver.
11362.74. (a) The county health department or the county's designee
may deny an application only for any of the following reasons:
(1) The applicant did not provide the information required by
Section 11362.715, and upon notice of the deficiency pursuant to
subdivision (d) of Section 11362.72, did not provide the information
within 30 days.
(2) The county health department or the county's designee
determines that the information provided was false.
(3) The applicant does not meet the criteria set forth in this
article.
(b) Any person whose application has been denied pursuant to
subdivision (a) may not reapply for six months from the date of
denial unless otherwise authorized by the county health department or
the county's designee or by a court of competent jurisdiction.
(c) Any person whose application has been denied pursuant to
subdivision (a) may appeal that decision to the department. The
county health department or the county's designee shall make
available a telephone number or address to which the denied applicant
can direct an appeal.
11362.745. (a) An identification card shall be valid for a period
of one year.
(b) Upon annual renewal of an identification card, the county
health department or its designee shall verify all new information
and may verify any other information that has not changed.
(c) The county health department or the county's designee shall
transmit its determination of approval or denial of a renewal to the
department.
11362.755. (a) The department shall establish application and
renewal fees for persons seeking to obtain or renew identification
cards that are sufficient to cover the expenses incurred by the
department, including the startup cost, the cost of reduced fees for
Medi-Cal beneficiaries in accordance with subdivision (b), the cost
of identifying and developing a cost-effective Internet Web-based
system, and the cost of maintaining the 24-hour toll-free telephone
number. Each county health department or the county's designee may
charge an additional fee for all costs incurred by the county or the
county's designee for administering the program pursuant to this
article.
(b) Upon satisfactory proof of participation and eligibility in
the Medi-Cal program, a Medi-Cal beneficiary shall receive a 50
percent reduction in the fees established pursuant to this section.
11362.76. (a) A person who possesses an identification card shall:
(1) Within seven days, notify the county health department or the
county's designee of any change in the person's attending physician
or designated primary caregiver, if any.
(2) Annually submit to the county health department or the county'
s designee the following:
(A) Updated written documentation of the person's serious medical
condition.
(B) The name and duties of the person's designated primary
caregiver, if any, for the forthcoming year.
(b) If a person who possesses an identification card fails to
comply with this section, the card shall be deemed expired. If an
identification card expires, the identification card of any
designated primary caregiver of the person shall also expire.
(c) If the designated primary caregiver has been changed, the
previous primary caregiver shall return his or her identification
card to the department or to the county health department or the
county's designee.
(d) If the owner or operator or an employee of the owner or
operator of a provider has been designated as a primary caregiver
pursuant to paragraph (1) of subdivision (d) of Section 11362.7, of
the qualified patient or person with an identification card, the
owner or operator shall notify the county health department or the
county's designee, pursuant to Section 11362.715, if a change in the
designated primary caregiver has occurred.
11362.765. (a) Subject to the requirements of this article, the
individuals specified in subdivision (b) shall not be subject, on
that sole basis, to criminal liability under Section 11357, 11358,
11359, 11360, 11366, 11366.5, or 11570. However, nothing in this
section shall authorize the individual to smoke or otherwise consume
marijuana unless otherwise authorized by this article, nor shall
anything in this section authorize any individual or group to
cultivate or distribute marijuana for profit.
(b) Subdivision (a) shall apply to all of the following:
(1) A qualified patient or a person with an identification card
who transports or processes marijuana for his or her own personal
medical use.
(2) A designated primary caregiver who transports, processes,
administers, delivers, or gives away marijuana for medical purposes,
in amounts not exceeding those established in subdivision (a) of
Section 11362.77, only to the qualified patient of the primary
caregiver, or to the person with an identification card who has
designated the individual as a primary caregiver.
(3) Any individual who provides assistance to a qualified patient
or a person with an identification card, or his or her designated
primary caregiver, in administering medical marijuana to the
qualified patient or person or acquiring the skills necessary to
cultivate or administer marijuana for medical purposes to the
qualified patient or person.
(c) A primary caregiver who receives compensation for actual
expenses, including reasonable compensation incurred for services
provided to an eligible qualified patient or person with an
identification card to enable that person to use marijuana under this
article, or for payment for out-of-pocket expenses incurred in
providing those services, or both, shall not, on the sole basis of
that fact, be subject to prosecution or punishment under Section
11359 or 11360.
11362.77. (a) A qualified patient or primary caregiver may possess
no more than eight ounces of dried marijuana per qualified patient.
In addition, a qualified patient or primary caregiver may also
maintain no more than six mature or 12 immature marijuana plants per
qualified patient.
(b) If a qualified patient or primary caregiver has a doctor's
recommendation that this quantity does not meet the qualified patient'
s medical needs, the qualified patient or primary caregiver may
possess an amount of marijuana consistent with the patient's needs.
(c) Counties and cities may retain or enact medical marijuana
guidelines allowing qualified patients or primary caregivers to
exceed the state limits set forth in subdivision (a).
(d) Only the dried mature processed flowers of female cannabis
plant or the plant conversion shall be considered when determining
allowable quantities of marijuana under this section.
(e) The Attorney General may recommend modifications to the
possession or cultivation limits set forth in this section. These
recommendations, if any, shall be made to the Legislature no later
than December 1, 2005, and may be made only after public comment and
consultation with interested organizations, including, but not
limited to, patients, health care professionals, researchers, law
enforcement, and local governments. Any recommended modification
shall be consistent with the intent of this article and shall be
based on currently available scientific research.
(f) A qualified patient or a person holding a valid identification
card, or the designated primary caregiver of that qualified patient
or person, may possess amounts of marijuana consistent with this
article.
11362.775. Qualified patients, persons with valid identification
cards, and the designated primary caregivers of qualified patients
and persons with identification cards, who associate within the State
of California in order collectively or cooperatively to cultivate
marijuana for medical purposes, shall not solely on the basis of that
fact be subject to state criminal sanctions under Section 11357,
11358, 11359, 11360, 11366, 11366.5, or 11570.
11362.78. A state or local law enforcement agency or officer shall
not refuse to accept an identification card issued by the department
unless the state or local law enforcement agency or officer has
reasonable cause to believe that the information contained in the
card is false or fraudulent, or the card is being used fraudulently.
11362.785. (a) Nothing in this article shall require any
accommodation of any medical use of marijuana on the property or
premises of any place of employment or during the hours of employment
or on the property or premises of any jail, correctional facility,
or other type of penal institution in which prisoners reside or
persons under arrest are detained.
(b) Notwithstanding subdivision (a), a person shall not be
prohibited or prevented from obtaining and submitting the written
information and documentation necessary to apply for an
identification card on the basis that the person is incarcerated in a
jail, correctional facility, or other penal institution in which
prisoners reside or persons under arrest are detained.
(c) Nothing in this article shall prohibit a jail, correctional
facility, or other penal institution in which prisoners reside or
persons under arrest are detained, from permitting a prisoner or a
person under arrest who has an identification card, to use marijuana
for medical purposes under circumstances that will not endanger the
health or safety of other prisoners or the security of the facility.
(d) Nothing in this article shall require a governmental, private,
or any other health insurance provider or health care service plan
to be liable for any claim for reimbursement for the medical use of
marijuana.
11362.79. Nothing in this article shall authorize a qualified
patient or person with an identification card to engage in the
smoking of medical marijuana under any of the following
circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a
residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
11362.795. (a) (1) Any criminal defendant who is eligible to use
marijuana pursuant to Section 11362.5 may request that the court
confirm that he or she is allowed to use medical marijuana while he
or she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be
stated on the record and an entry stating those reasons shall be
made in the minutes of the court.
(3) During the period of probation or release on bail, if a
physician recommends that the probationer or defendant use medical
marijuana, the probationer or defendant may request a modification of
the conditions of probation or bail to authorize the use of medical
marijuana.
(4) The court's consideration of the modification request
authorized by this subdivision shall comply with the requirements of
this section.
(b) (1) Any person who is to be released on parole from a jail,
state prison, school, road camp, or other state or local institution
of confinement and who is eligible to use medical marijuana pursuant
to Section 11362.5 may request that he or she be allowed to use
medical marijuana during the period he or she is released on parole.
A parolee's written conditions of parole shall reflect whether or
not a request for a modification of the conditions of his or her
parole to use medical marijuana was made, and whether the request was
granted or denied.
(2) During the period of the parole, where a physician recommends
that the parolee use medical marijuana, the parolee may request a
modification of the conditions of the parole to authorize the use of
medical marijuana.
(3) Any parolee whose request to use medical marijuana while on
parole was denied may pursue an administrative appeal of the
decision. Any decision on the appeal shall be in writing and shall
reflect the reasons for the decision.
(4) The administrative consideration of the modification request
authorized by this subdivision shall comply with the requirements of
this section.
11362.8. No professional licensing board may impose a civil penalty
or take other disciplinary action against a licensee based solely on
the fact that the licensee has performed acts that are necessary or
appropriate to carry out the licensee's role as a designated primary
caregiver to a person who is a qualified patient or who possesses a
lawful identification card issued pursuant to Section 11362.72.
However, this section shall not apply to acts performed by a
physician relating to the discussion or recommendation of the medical
use of marijuana to a patient. These discussions or
recommendations, or both, shall be governed by Section 11362.5.
11362.81. (a) A person specified in subdivision (b) shall be
subject to the following penalties:
(1) For the first offense, imprisonment in the county jail for no
more than six months or a fine not to exceed one thousand dollars
($1,000), or both.
(2) For a second or subsequent offense, imprisonment in the county
jail for no more than one year, or a fine not to exceed one thousand
dollars ($1,000), or both.
(b) Subdivision (a) applies to any of the following:
(1) A person who fraudulently represents a medical condition or
fraudulently provides any material misinformation to a physician,
county health department or the county's designee, or state or local
law enforcement agency or officer, for the purpose of falsely
obtaining an identification card.
(2) A person who steals or fraudulently uses any person's
identification card in order to acquire, possess, cultivate,
transport, use, produce, or distribute marijuana.
(3) A person who counterfeits, tampers with, or fraudulently
produces an identification card.
(4) A person who breaches the confidentiality requirements of this
article to information provided to, or contained in the records of,
the department or of a county health department or the county's
designee pertaining to an identification card program.
(c) In addition to the penalties prescribed in subdivision (a),
any person described in subdivision (b) may be precluded from
attempting to obtain, or obtaining or using, an identification card
for a period of up to six months at the discretion of the court.
(d) In addition to the requirements of this article, the Attorney
General shall develop and adopt appropriate guidelines to ensure the
security and nondiversion of marijuana grown for medical use by
patients qualified under the Compassionate Use Act of 1996.
11362.82. If any section, subdivision, sentence, clause, phrase, or
portion of this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, that portion
shall be deemed a separate, distinct, and independent provision, and
that holding shall not affect the validity of the remaining portion
thereof.
11362.83. Nothing in this article shall prevent a city or other
local governing body from adopting and enforcing laws consistent with
this article.

 

[danko]

11362.9. (a) (1) It is the intent of the Legislature that the state
commission objective scientific research by the premier research
institute of the world, the University of California, regarding the
efficacy and safety of administering marijuana as part of medical
treatment. If the Regents of the University of California, by
appropriate resolution, accept this responsibility, the University of
California shall create a program, to be known as the California
Marijuana Research Program.
(2) The program shall develop and conduct studies intended to
ascertain the general medical safety and efficacy of marijuana and,
if found valuable, shall develop medical guidelines for the
appropriate administration and use of marijuana.
(b) The program may immediately solicit proposals for research
projects to be included in the marijuana studies. Program
requirements to be used when evaluating responses to its solicitation
for proposals, shall include, but not be limited to, all of the
following:
(1) Proposals shall demonstrate the use of key personnel,
including clinicians or scientists and support personnel, who are
prepared to develop a program of research regarding marijuana's
general medical efficacy and safety.
(2) Proposals shall contain procedures for outreach to patients
with various medical conditions who may be suitable participants in
research on marijuana.
(3) Proposals shall contain provisions for a patient registry.
(4) Proposals shall contain provisions for an information system
that is designed to record information about possible study
participants, investigators, and clinicians, and deposit and analyze
data that accrues as part of clinical trials.
(5) Proposals shall contain protocols suitable for research on
marijuana, addressing patients diagnosed with the acquired
immunodeficiency syndrome (AIDS) or the human immunodeficiency virus
(HIV), cancer, glaucoma, or seizures or muscle spasms associated with
a chronic, debilitating condition. The proposal may also include
research on other serious illnesses, provided that resources are
available and medical information justifies the research.
(6) Proposals shall demonstrate the use of a specimen laboratory
capable of housing plasma, urine, and other specimens necessary to
study the concentration of cannabinoids in various tissues, as well
as housing specimens for studies of toxic effects of marijuana.
(7) Proposals shall demonstrate the use of a laboratory capable of
analyzing marijuana, provided to the program under this section, for
purity and cannabinoid content and the capacity to detect
contaminants.
(c) In order to ensure objectivity in evaluating proposals, the
program shall use a peer review process that is modeled on the
process used by the National Institutes of Health, and that guards
against funding research that is biased in favor of or against
particular outcomes. Peer reviewers shall be selected for their
expertise in the scientific substance and methods of the proposed
research, and their lack of bias or conflict of interest regarding
the applicants or the topic of an approach taken in the proposed
research. Peer reviewers shall judge research proposals on several
criteria, foremost among which shall be both of the following:
(1) The scientific merit of the research plan, including whether
the research design and experimental procedures are potentially
biased for or against a particular outcome.
(2) Researchers' expertise in the scientific substance and methods
of the proposed research, and their lack of bias or conflict of
interest regarding the topic of, and the approach taken in, the
proposed research.
(d) If the program is administered by the Regents of the
University of California, any grant research proposals approved by
the program shall also require review and approval by the research
advisory panel.
(e) It is the intent of the Legislature that the program be
established as follows:
(1) The program shall be located at one or more University of
California campuses that have a core of faculty experienced in
organizing multidisciplinary scientific endeavors and, in particular,
strong experience in clinical trials involving psychopharmacologic
agents. The campuses at which research under the auspices of the
program is to take place shall accommodate the administrative
offices, including the director of the program, as well as a data
management unit, and facilities for storage of specimens.
(2) When awarding grants under this section, the program shall
utilize principles and parameters of the other well-tested statewide
research programs administered by the University of California,
modeled after programs administered by the National Institutes of
Health, including peer review evaluation of the scientific merit of
applications.
(3) The scientific and clinical operations of the program shall
occur, partly at University of California campuses, and partly at
other postsecondary institutions, that have clinicians or scientists
with expertise to conduct the required studies. Criteria for
selection of research locations shall include the elements listed in
subdivision (b) and, additionally, shall give particular weight to
the organizational plan, leadership qualities of the program
director, and plans to involve investigators and patient populations
from multiple sites.
(4) The funds received by the program shall be allocated to
various research studies in accordance with a scientific plan
developed by the Scientific Advisory Council. As the first wave of
studies is completed, it is anticipated that the program will receive
requests for funding of additional studies. These requests shall be
reviewed by the Scientific Advisory Council.
(5) The size, scope, and number of studies funded shall be
commensurate with the amount of appropriated and available program
funding.
(f) All personnel involved in implementing approved proposals
shall be authorized as required by Section 11604.
(g) Studies conducted pursuant to this section shall include the
greatest amount of new scientific research possible on the medical
uses of, and medical hazards associated with, marijuana. The program
shall consult with the Research Advisory Panel analogous agencies in
other states, and appropriate federal agencies in an attempt to
avoid duplicative research and the wasting of research dollars.
(h) The program shall make every effort to recruit qualified
patients and qualified physicians from throughout the state.
(i) The marijuana studies shall employ state-of-the-art research
methodologies.
(j) The program shall ensure that all marijuana used in the
studies is of the appropriate medical quality and shall be obtained
from the National Institute on Drug Abuse or any other federal agency
designated to supply marijuana for authorized research. If these
federal agencies fail to provide a supply of adequate quality and
quantity within six months of the effective date of this section, the
Attorney General shall provide an adequate supply pursuant to
Section 11478.
(k) The program may review, approve, or incorporate studies and
research by independent groups presenting scientifically valid
protocols for medical research, regardless of whether the areas of
study are being researched by the committee.
(l) (1) To enhance understanding of the efficacy and adverse
effects of marijuana as a pharmacological agent, the program shall
conduct focused controlled clinical trials on the usefulness of
marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma,
or seizures or muscle spasms associated with a chronic, debilitating
condition. The program may add research on other serious illnesses,
provided that resources are available and medical information
justifies the research. The studies shall focus on comparisons of
both the efficacy and safety of methods of administering the drug to
patients, including inhalational, tinctural, and oral, evaluate
possible uses of marijuana as a primary or adjunctive treatment, and
develop further information on optimal dosage, timing, mode of
administration, and variations in the effects of different
cannabinoids and varieties of marijuana.
(2) The program shall examine the safety of marijuana in patients
with various medical disorders, including marijuana's interaction
with other drugs, relative safety of inhalation versus oral forms,
and the effects on mental function in medically ill persons.
(3) The program shall be limited to providing for objective
scientific research to ascertain the efficacy and safety of marijuana
as part of medical treatment, and should not be construed as
encouraging or sanctioning the social or recreational use of
marijuana.
(m) (1) Subject to paragraph (2), the program shall, prior to any
approving proposals, seek to obtain research protocol guidelines from
the National Institutes of Health and shall, if the National
Institutes of Health issues research protocol guidelines, comply with
those guidelines.
(2) If, after a reasonable period of time of not less than six
months and not more than a year has elapsed from the date the program
seeks to obtain guidelines pursuant to paragraph (1), no guidelines
have been approved, the program may proceed using the research
protocol guidelines it develops.
(n) In order to maximize the scope and size of the marijuana
studies, the program may do any of the following:
(1) Solicit, apply for, and accept funds from foundations, private
individuals, and all other funding sources that can be used to
expand the scope or timeframe of the marijuana studies that are
authorized under this section. The program shall not expend more
than 5 percent of its General Fund allocation in efforts to obtain
money from outside sources.
(2) Include within the scope of the marijuana studies other
marijuana research projects that are independently funded and that
meet the requirements set forth in subdivisions (a) to (c),
inclusive. In no case shall the program accept any funds that are
offered with any conditions other than that the funds be used to
study the efficacy and safety of marijuana as part of medical
treatment. Any donor shall be advised that funds given for purposes
of this section will be used to study both the possible benefits and
detriments of marijuana and that he or she will have no control over
the use of these funds.
(o) (1) Within six months of the effective date of this section,
the program shall report to the Legislature, the Governor, and the
Attorney General on the progress of the marijuana studies.
(2) Thereafter, the program shall issue a report to the
Legislature every six months detailing the progress of the studies.
The interim reports required under this paragraph shall include, but
not be limited to, data on all of the following:
(A) The names and number of diseases or conditions under study.
(B) The number of patients enrolled in each study by disease.
(C) Any scientifically valid preliminary findings.
(p) If the Regents of the University of California implement this
section, the President of the University of California shall appoint
a multidisciplinary Scientific Advisory Council, not to exceed 15
members, to provide policy guidance in the creation and
implementation of the program. Members shall be chosen on the basis
of scientific expertise. Members of the council shall serve on a
voluntary basis, with reimbursement for expenses incurred in the
course of their participation. The members shall be reimbursed for
travel and other necessary expenses incurred in their performance of
the duties of the council.
(q) No more than 10 percent of the total funds appropriated may be
used for all aspects of the administration of this section.
(r) This section shall be implemented only to the extent that
funding for its purposes is appropriated by the Legislature in the
annual Budget Act.
• California

 

[danko]

these are the kinds of "facts" you find on the internet about this initiative.

What's wrong with the Regulate, Control, and Tax Cannabis Act of 2010 (ROT 2010)

The first thing to note is the phrase "except as permitted under Health and Safety Section 11362.5 and 11362.7 through 11362.9". There is no California Health & Safety Code §11362.9. There are no California Health & Safety Codes between §11362.83 and §11363.

wow, way to do your research guy. the rest of his article is just as stupid. straight from the mind of guy who read half the bill and went on a rant.

 

[kushpheen]

1. Prop 215 and SB420 will remain UNTOUCHED by our initiative. It is
possible that some people will opt out of medical cannabis if they can
buy and consume recreational but that means the medical cannabis
community is likely to become more tight-knit. As to how the chips
will fall, it's too early to quite speculate.

2. Though there may be less of a demand for medical cannabis, there
will be more of a demand for recreational cannabis. Those same growers
who may be adversely affected from decreases in medical demand may be
able to sell through the proper channels for commercial cannabis
sales.

3. Our initiative leaves recreational cannabis guidelines to local
government control. As far as regulations, permitting, etc. are
concerned, we leave it up to local government control much in the way
that medical cannabis was left up to local governments. This allows
for the free markets to find an appropriate model for recreational
cannabis sales as some methods will ultimately work better or worse
than others.

I hope that answers some of your questions. Please have
concerned parties email us at [email protected] . Growers are one
of our most important bases so we want to make sure that all concerns
are addressed because we think that almost everyone stands to benefit
from the initative.

Best,
The Tax & Regulate Cannabis Team
Tax & Regulate Cannabis - California 2010
1776 Broadway
Oakland, CA 94612
(510) 394-5344

Heres the problem...

As some people opt out of medical cannabis and the community becomes more 'tight knit' the medical growers who are adversely affected "may" be able to sell through the proper channels for commercial cannabis sales. Since this bill lets local governments decide who "may" or "may not" cultivate and sell their cannabis through proper channels, its hard to believe the same local governments who have fought to limit the number of dispensaries within their communities and the amount patients can cultivate and possess personally, can be trusted to regulate the licensing process in a judicious matter.

Nothing in this initiative eludes to how much licensing would cost for commercial cultivation, retail sales or how much an actual ounce of marijuana would be taxed. Nor does it specifically address the fines or sentences for non-med consumers or cultivators found in possession of over an ounce or cultivating in area more than 25sqft. This initiative neglects to include the vital details needed for voters to make an informed decision.

 

[kushpheen]

cause remember, you cant grow for a collective with out a state license.

Not true, you just need to be a member of the collective in order to cultivate on behalf of other members. All of the protections afforded through prop215 and sb420 are equal regardless if your enrolled in the states voluntary ID card program.

 

[danko]

it says that local governments will decide. it also says that taxes can only be as much as to reasonably compensate for any programs necessary to off set any cost caused by cannabis legalization. which are pretty much none.

why in the world would you think these penalties are going to be more severe then they are now?? there is no reason to think that. further more non medi patients would now have legal protection to finally be able to grow there own herbs at home without fear of arrest or prosecution of any kind.
on top of that, you can now have the possibility to grow commercially. which is not even an option now.

 

[kushpheen]

The same local governments that have been arresting and prosecuting medical marijuana patients and growers the last 15 years.

Your speculations concerning how much fines, sentences or taxes will be are not reassuring.

5x5 is not a large enough area to be self-sufficient.

There is no information in this initiative concerning the conditions necessary for commercial cultivation licensing. Rather this initiative lets the legislature decide how to regulate the commercial cannabis industry.

"11. Allow the Legislature to adopt a statewide regulatory system for a commercial cannabis industry."

 

[danko]

Not true, you just need to be a member of the collective in order to cultivate on behalf of other members. All of the protections afforded through prop215 and sb420 are equal regardless if your enrolled in the states voluntary ID card program.

true, but for vendors its different.

you absolutely can cultivate for a collective without a state license.
but you cannot sell to a dispensary or pay taxes on those earnings without a state license. because in order to wholesale herb, you have to create a non profit corporation to do business as a legal medi wholsaler,as you yourself are not a non profit, then get an ein number from the irs for your non profit, then get a bank account in the non profits name, and then the wholesale permit for your non profit collective. and since you cant legally be the director of a medical marijuana collective without a state issued license to provide mmj (which is exactly what the card is) a license is a must. after all that you can legally grow and sell herb for a living. and pay taxes on it. and not worry about prosecution.

as a med patient you can grow it and give it away or seek compensation for your work. but if you want to take compensation legally, you have to pay taxes on your income. as with any income. and for that you will need your state issued medical marijuana card.

like mine!

 

[danko]

i learned that info at the cannabis career institute in LA. another Oaksterdam U if you will. so yeah surprise, its not a monopoly.
the instructor was a lawyer specializing in the mmj field.

 

[kushpheen]

maybe Dennis Peron, can cast a new light....

Why I Oppose the “Tax & Regulate” Marijuana Initiative (by Dennis Peron)

Three Fatal Flaws

1. One ounce limit? 25 sq. foot per building garden size limit? Imagine a law to “tax and regulate” alcohol that only allows for possession of up to one bottle of wine imprisoning those who exceed that amount, be it two bottles or a small collection of choice vintages. These limits guarantee confusion, harassment and black marketeering forevermore. We don’t control alcohol by imposing a 25 sq. foot limit on grape vines. But one extra gram or sq. foot of pot means jail and even worse; this initiative specifies that if accused of having too much cannabis the burden of proof is on you, not the state.

2. Singling out those who want to use marijuana for a huge excise tax is just plain unfair. It maintains cannabis as the most expensive, blatantly overpriced product on the market thus forcing most people to choose cheaper, more dangerous drugs with huge externalized costs to society as a whole.

3. Sending teenagers to state prison for three years for pot is evil. This initiative mandates that 18, 19, and twenty year old minors serve three to seven year terms in California state prison for the crime of passing each other a joint or selling one another a small amount. Under this law if a 21 year old person passes a joint to a 20 year old he or she goes to county jail for six months. Likewise this measure has no exceptions for parents in their own homes from the “smoking cannabis in any space while minors are
present” prohibition. We don’t lock up parents for having a glass of wine with dinner and we certainly don’t tell the kids to leave the house for the purpose of consuming any other substance so why start with cannabis?

This initiative is bad for parents, students and ultimately the effort to get the state to stop ruining lives enforcing these draconian pot laws. Initiatives create permanent statutes. This one with its petty restrictions for personal users, prohibitive unfair taxes, and mandatory state prison sentences for teen agers need be nipped in the bud. We will campaign and vote against it should its proponents succeed in purchasing the necessary number of signatures to put it on the 2010 ballot. The tax revenue it will supposedly generate is a mere smokescreen for the kids it will regulate into three, five and seven year state prison sentences.

Perpetuating and increasing the hundred million plus tax dollars per year the state already spends policing this harmless plant is wrong yet that is exactly what this proposition does. Surely we can do better than this. How about just legalizing it, getting the state off pot to save lives and real money across the board? Please consider how you can help expose and defeat this misleading “tax and regulate” initiative.

Dennis Peron, Author of Proposition 215, the Compassionate Use Act of 1996.

3745 17th street, SFCA 94114 (415) 864 – 1961 [email protected]

 

[danko]

The same local governments that have been arresting and prosecuting medical marijuana patients and growers the last 15 years.

i buy legal weed every few days man. no cops are ever fucking with me. also i grow the shit out of it and im not in jail. and niether are you. in fact my county sanctioned me to grow with that state license. so what are you talking about.? ow the federal government...that has been arresting people...dont get them and local govt confused.

Your speculations concerning how much fines, sentences or taxes will be are not reassuring.

look at the fine structure now dude. seriously that isnt new territory.

5x5 is not a large enough area to be self-sufficient.

thats a dam lie. anyone on this forum could sustain themselves, and only themselves with that area. you could harvest from seed 3 times in a year under a 1k light and get 3 lbs. or better. thats almost an ounce per week!

There is no information in this initiative concerning the conditions necessary for commercial cultivation licensing. Rather this initiative lets the legislature decide how to regulate the commercial cannabis industry.

yup. crazy they wouldnt leave regulating a new industry up to the public huh? what kind of nuts wrote this bill??

 

[southstreets]

Dennis Perons post is a bunch of speculation.. wheres the proof!!

1- well they already regulate alcohol.. you cant buy from stores after 2 am remember??? you also cant cross more than 2 bottles of liquor across the border.. that sounds like reg to me?? nowhere in the bill does it say you'll do jail time.. thats SPECULATION on his part.. there are people on here that have 2 and 3 pound grows in a 5x5 area so whats the bitch about..

2- Everything else is being taxed why not marijuana?? You buy a car, gas, food ,house, drinks, smokes, alcohol, toilet paper, even a candy bar and you get taxed.. everything is taxed in cali so why should marijuana be excluded??? People go to other drugs because they CHOOSE too, not because other drugs are more expensive.. marijuana is already OVERPRICED thats why i dont really buy from "CLUBS"... the "CLUBS" charge 400 an oz for something i get off the streets for 275.. so come on.. you dont see marijuana med users flocking to smoke meth because marijuana is super expensive at "CLUBS"..

3- Kids arn't goin to do no 3 to 7 for marijuana possesion... you get a hundred dollar fine now.. so why would it get MORE strict?? if anything the laws would be more leaniant.. Actually when you smoke cigs you cant smoke in public, around children or in resturants, so why should you be able to when it pertains to marijuana???

4- Conclusion.... everything this guys says contridicts everything thats already going on in the state of california.. ask yourself this question.. With everything thats been going on the resession, overpopulation in prisons(which is causin the release of smalltime drug offenders), californias budget problems, do you honestly things things would get worse???

everyones acting like once a week the counties are goin to go in every house and measure the space your growin in.. come on!! the only way you'll get busted growin in a bigger area is if your being a dumbass in the first place.. i know i'll catch alot of shit for this but its ok.. south :rasta:

 

[The Joker]

Danko, I've read every page before I made a comment. I've also been asking questions of Oaksterdam regarding all of these topics and their answers do differ slightly from yours.

I'm surprised at you claiming others have no reading comprehension when your arguments make no sense and contradict what you cut and paste. I understand that how people appear on the net and who they really are , are miles apart. But your online persona comes across as a moron. I hope that is miles apart from who you are.

The fact of the matter is that the bill has some vague areas that are just plain bad.

Remember this is the tax and regulate bill, not the let people grow it for free bill. The reasoning behind only being able to posess an oz at a time is this. If you need to smoke more than an oz recreationally, you will have to buy it from the people who will tax you. If they don't make it difficult to grow , ( C'mon, you have to be a retard to not be able to grow an oz in a 5x5 area.) they won't make any money taxing you on what you buy.

Who this bill is good for is the occasional smoker. For hardcore fiends who smoke morning , noon and night, this will not help you.

Counties are already fighting prop 215. My county refused to support it until 2 years ago when a person I know won a 6 year court case that cost him over a 100 K and his marriage. Law enforcement happily cooperated with feds to bust med patients.

Dennis Peron:

Peron claims this is not legalization but "thinly veiled prohibition". The flyer (prepared by KC Kimber of California Cannabis Inc.) advertising the boycott lists the following points:
It limits personal possession to one ounce and cultivation to a five-by-five plot, or 25 square feet. This is guaranteed to keep law enforcement employed raiding and prosecuting people for marijuana.
It explicitly criminalizes the commercial sale, production, and cultivation of marijuana in cities and in counties that do not tax and regulate marijuana "without limitation".
It "sends the wrong message" by placing the age limit the same as alcohol, even though marijuana is much safer.
It makes public consumption illegal, creates new felonies where there were none before, and makes it illegal for parents to smoke in front of their own kids.
It will limit competition and create monopolies by preventing ordinary people from getting into the business.
It should be noted that Oakland has limited the number of medical marijuana dispensaries that may operate in that city to four, and that they each pay $30,000 per year for a business license. Further, that these four dispensaries were the proponents of Measure F, which increased the tax medical marijuana patients pay in Oakland for medicine from $1.20 per $1,000 to $18 per $1,000; a total increase of about $350,000 paid in taxes on the cost of medicine by the sick and dying in Oakland per year. Additionally, they intend to spend $1 million on the signature drive to get their tax and regulate initiative on the ballot.
This adds up to the sick and dying in Oakland paying $120,000 per year for business licenses, $350,000 in taxes, and $1 million for a signature drive to tax and regulate them and their medicine. This is on top of the several hundred dollars each one has to pay every year for their recommendation and county identification card.

So, yes, having read it, contemplated it, asked questions and carefully read the answers through email with the proponents, I am voting against it.

 

[kushpheen]

Dennis Perons post is a bunch of speculation.. wheres the proof!!

1- well they already regulate alcohol.. you cant buy from stores after 2 am remember??? you also cant cross more than 2 bottles of liquor across the border.. that sounds like reg to me?? nowhere in the bill does it say you'll do jail time.. thats SPECULATION on his part.. there are people on here that have 2 and 3 pound grows in a 5x5 area so whats the bitch about..

2- Everything else is being taxed why not marijuana?? You buy a car, gas, food ,house, drinks, smokes, alcohol, toilet paper, even a candy bar and you get taxed.. everything is taxed in cali so why should marijuana be excluded??? People go to other drugs because they CHOOSE too, not because other drugs are more expensive.. marijuana is already OVERPRICED thats why i dont really buy from "CLUBS"... the "CLUBS" charge 400 an oz for something i get off the streets for 275.. so come on.. you dont see marijuana med users flocking to smoke meth because marijuana is more expesive..

3- Kids arn't goin to do no 3 to 7 for marijuana possesion... you get a hundred dollar fine now.. so why would it get MORE strict?? if anything the laws would be more leaniant.. Actually when you smoke cigs you cant smoke in public, around children or in resturants, so why should you be able to when it pertains to marijuana???

4- Conclusion.... everything this guys says contridicts everything thats already going on in the state of california.. ask yourself this question.. With everything thats been going on the resession, overpopulation in prisons(which is causin the release of smalltime drug offenders), californias budget problems, do you honestly things things would get worse???

everyones acting like once a week the counties are goin to go in every house and measure the space your growin in.. come on!! the only way you'll get busted growin in a bigger area is if your being a dumbass in the first place.. i know i'll catch alot of shit for this but its ok.. south :rasta:

1. Theres are no laws regulating the amount of alcohol someone can purchase. Nor are there any laws that restrict a wineries acreage. If marijuana is to be controlled and regulated like alcohol why is it necessary to restrict peoples possession and cultivation limits?

Regardless if a few people can somehow squeeze all their mothers, clones, vegetative and flowering plants into a 5x5 area and harvest sufficient amounts for themselves. This imposes a seriously unnecessary restriction and ultimately requires people to adapt their cultivation techniques or methods within state approved protocols. Since this initiative doesn't address the fines or sentences for violating these limits or protocols, its anybody's guess as to how harsh or lenient they may be.

2.Groceries aren't taxed, why would any of us want to the government to involve itself in another area of our lives and impose more taxes upon us? If your hungry for new taxes, here ya go.

Section 11302: Imposition and Collection of Taxes and Fees
(a) Any ordinance, regulation or other act adopted pursuant to section 11301 may include imposition of appropriate general, special or excise, transfer or transaction taxes, benefit assessments, or fees, on any activity authorized pursuant to such enactment, in order to permit the local government to raise revenue, or to recoup any direct or indirect costs associated with the authorized activity, or the permitting or licensing scheme, including without limitation: administration; applications and issuance of licenses or permits; inspection of licensed premises and other enforcement of ordinances adopted under section 11301, including enforcement against unauthorized activities.


Well if people aren't going to be doing prison sentences for cannabis crimes anymore, why did they so specifically outline the fines and sentences here. But neglect to mention what the fines for possessing more than an ounce or cultivating in area greater than 25sqft would be?

Section 4: Prohibition on Furnishing Marijuana to Minors
Section 11361 of the Health and Safety Code is amended to read:
Prohibition on Furnishing Marijuana to Minors
(a) Every person 18 years of age or over who hires, employs, or uses a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(b) Every person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any marijuana to a minor 14 years of age or older shall be punished by imprisonment in the state prison for a period of three, four, or five years.
(c) Every person 21 years of age or over who knowingly furnishes, administers, or gives, or offers to furnish, administer or give, any marijuana to a person aged 18 years or older, but younger than 21 years of age, shall be punished by imprisonment in the county jail for a period of up to six months and be fined up to $1,000 for each offense.

 

[southstreets]

Wineries arn't restricted because its LEGAL under the fed and state system and prob generates a little bit more money and not to mention that alcohol consumption is ALOT more accepted in the state of california and around the NATION!!! The limits are nessicary because how many people really need to grow more than a couple pounds every couple months or transport more than an oz for PERSONAL consumption??? probably NONE!! Groceries are taxed bro.. the next time you go to albertsons, vons or henry's and buy some food check your reciept.. Those 3,5 and 7 yrs sentences are for dealing, consuming , or giving to a MINOR UNDER the age of 14.. that seems pretty fair to me.. do you want your 12 year old kid smoking weed??? For the people who are 21 and give to someone between 18 to 20.. you'd prob plead out and get a fine.. thats it.. They havent listed fine amount because that would be up to the county in which YOU live in to set those standards under this bill...

P.S.. buying alcohol is reg in some ways.. like i said you cant bring more than 2 bottles from mexico to the U.S.. when you go to bars the bar tenders can refuse to give you alcohol at their own discresion..

 

[SkyHi]

youve been spreading shit info thats gonna keep our industry behind.

You my sir are keeping us behind tryin to expand the market is what this bill is really about....good for you your opening a collective....which you will probably turn into a recreational supplier once legalized, smart....

you know whats weird kushpheen? all the no votes suddenly stopped once the actual factual info got posted. whats more you ask? i havent seen any more undecided votes go up either. way to be a pot soldier feeding everyone dribble.

Miscontrued facts maybe

and if your a collective...keep on trucken bro! grow for all your buds in your collective. it stays the same! guarantee the penalties will not be jail unless you grossly over grow you limits. which means you got caught cause you were selling it. or showing people, operating illegally. that just wouldnt be smart. same as right now.

keep on getting trucked over by recreation marijuana suppliers

sounds like if my wife and mother in law live with me than we would be allowed (3) 5x5 tents in the house...right?...~ogr

No kushpheen is right...."PER RESIDENCE" means per home not per "RESIDENT"

yes og. that is exactly what it says. in black and white.

Nope sorry

yes dude!! Quit listening to kushpheen! He has no clue what he's talking about. Read his last couple posts for crying out loud!@

HE has more sense than you, or less agenda...

bottom line who gives a shit.. its still illegal under federal law which trumphs state anyways.. i think theres gunna def be more people that wanna be able to smoke legally under state law than want to grow bro... i was 1 of those undecided votes but im cahnging it to a "YES" vote!!! i have lots of homies that dont give a flyin fuck bout growin it.. they just want the option to smoke legally...

thats the fucking mentality im worried about ignorants who just wanna smoke...WOW...plus like u said it federally illegal anyway....right now the fine is $100 dollars for possesion of an ounce or less....so were going to open up a industry to capalist just to avoid a 100 dollar fine ?

Per private resident means 25sqft each. 3 private residence over 21 live in your home? Enjoy your 75sqft garden!

WOW,

Ok i read it again and it sounds like Kushpheen is correct....A residence is a home and a resident is a person.....Sounds like you can only have a 5x5 space to grow in per house...~ogr

Correct!!!!

This bill is fucking stupid, and the only thing that can sway this thing to pass is people with monetery intentions who would like to expand the market from a few hundred thousand patients to millions of consumers....and idiots who hear LEGAL and are to stupid to know other wise....

 

[SkyHi]

The fact that the word CONTROL is in the the title makes me not want to vote yes ....why should we hand over our sacred herb to the fucks that tried to erradicate it for so long....

 

[danko]

your not handing over anything. and kushpeeh all you did was repeat the residence residents thing. that was over forever ago.

"You my sir are keeping us behind tryin to expand the market is what this bill is really about....good for you your opening a collective....which you will probably turn into a recreational supplier once legalized, smart...."

two days ago you said only coroporations would be able to grow. what happened to that stupid argument? and yes thats exactly what i will do.


"and if your a collective...keep on trucken bro! grow for all your buds in your collective. it stays the same! guarantee the penalties will not be jail unless you grossly over grow you limits. which means you got caught cause you were selling it. or showing people, opera0ting illegally. that just wouldnt be smart. same as right now."

"keep on getting trucked over by recreation marijuana suppliers "

hey man, if your collective doesnt like your weed, thats because you suck. my people love my herbs!!! i have no doubt weather im growing for medical or recreational that my herb will be in demand.


"thats the fucking mentality im worried about ignorants who just wanna smoke...WOW...plus like u said it federally illegal anyway....right now the fine is $100 dollars for possesion of an ounce or less....so were going to open up a industry to capalist just to avoid a 100 dollar fine ?

there wont be a fine for an ounce!!! it will be legal!!! so we are going to open up a industry to capitalists???? no man. we will start a whole new economy for weed, that doesnt include money. good thinking!!!


"This bill is fucking stupid, and the only thing that can sway this thing to pass is people with monetery intentions who would like to expand the market from a few hundred thousand patients to millions of consumers"

right! and your problem is????