2010 Tax, Regulate and Control Poll

  • Thread starter kushpheen
  • Start date
  • Tagged users None

How will you vote on the 2010 Tax, Regulate and Control Act?

  • Yes

    Votes: 17 22.4%
  • No

    Votes: 45 59.2%
  • Undecided

    Votes: 14 18.4%

  • Total voters
    76
O

ograskal

Guest
none of the commercial growers or venders are gonna want this BILL or any other Bill that makes recreational cannabis use/growing legal to pass....they want to keep it illegal for you to grow and posses as much as you want cuz then they will be out of a job..Thats what it boils down to..
 
Widowmaker

Widowmaker

391
28
none of the commercial growers or venders are gonna want this BILL or any other Bill that makes recreational cannabis use/growing legal to pass....they want to keep it illegal for you to grow and posses as much as you want cuz then they will be out of a job..Thats what it boils down to..

I’m sure that’s what most of them are thinking, but you never know how things will turn out. If our society decides pot is OK to smoke and it’s in main stream movies not just stoner college kid movies. Sales could go thru the roof and demand could out strip supply, for a while till the big money gets in and takes over bulk sales. There will be a big demand for elite and “unobtainable” weed. There will always be “You have got to try this shit” designer grower names “Wolfgang Puck” and brands. The Black Market might grow huge. It will be legal someday and the sooner the better.
:icon_spin:
 
K

kushpheen

299
0
none of the commercial growers or venders are gonna want this BILL or any other Bill that makes recreational cannabis use/growing legal to pass....they want to keep it illegal for you to grow and posses as much as you want cuz then they will be out of a job..Thats what it boils down to..

If vendors and smaller scale commercial growers had some reassurance they could continue to provide their services in a controlled cannabis economy, I have a feeling they would be more likely to embrace and vote for this bill. This particular initiative though seams geared towards consumerism and industrializing the production and distribution of regulated cannabis. Especially since the commercial regulatory standards and local retail sales policies are not specifically outlined in this initiative.

At least Ammiano's bill outlines the costs of licensing and commercial licensing requirements, unlike the lee initiative. Considering how long it takes the legislature to decide on anything in California (balancing the budget for instance), it could take years for them to decide how to regulate the industry, should the lee initiative pass.

Another quick point I wanted to address, if large agri-corps will fear entering into to this market until cannabis is rescheduled on the federal level. Shouldn't we be wary of entering into it as well?
 
southstreets

southstreets

1,480
113
it doesnt state any of that because it would be up to the COUNTY in which you live in to set those standards...
 
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kushpheen

299
0
Yes, It would be up to the county and city's to regulate sales within their respective communities. But the politicians that are easily influenced by gigantic campaign contributions in the states legislature will be regulating commercial cannabis production and distribution.
 
southstreets

southstreets

1,480
113
yup.. for peeps without med slips.. some counties will make out like bandits though..
 
N

nor cali farmer

448
0
vote nooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo!!!!!
 
S

SkyHi

764
18
I’m sure that’s what most of them are thinking, but you never know how things will turn out. If our society decides pot is OK to smoke and it’s in main stream movies not just stoner college kid movies. Sales could go thru the roof and demand could out strip supply, for a while till the big money gets in and takes over bulk sales. There will be a big demand for elite and “unobtainable” weed. There will always be “You have got to try this shit” designer grower names “Wolfgang Puck” and brands. The Black Market might grow huge. It will be legal someday and the sooner the better.
:icon_spin:

that's terrible rationale, I agree it would be sick to see this shit go mainstream but the it's gotta happen sometime let's just fuck it and see what happens doesn't sit well with me.

We could probably sit here for five minutes and come up with a more sensible bill that outline all the details in advance.

Why is it restricted to 5x5 ?
Why not set the rules up front and have the counties enforce them, not make them
why not 18 and up ?
Why demonize it like alcohol
why restrict u to the confines of your home to consume it?
Why not set commercial standards up front?

The fact is I could go on and on ...this bill leaves alot of questions and deosnt seem like the time has been taken to think it out other than assuring Richard lee and company gets rich
 
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kushpheen

299
0
I'm just trying to figure out where parents will be able to consume cannabis, this bill criminalizes consumption in the presence of minors, and in public. Sorry parents, but legalized cannabis is only for those without children. Now all you stoners get back in your house and hide your cannabis use, so the rest of the public doesn't have to acknowledge your savage drug habits.....lol
 
S

sun of the morn

8
0
Hello, long time lurker, first time poster. I just went through the whole thread and I can see there's a lot of confusion and misinterpreting going on here. I've been closely following the progress of this initiative since it was announced, and have read every word of every version that has been released. I was at first opposed to it for 3 reasons:
1) $50 excise tax (no longer in the initiative)
2) 21 year old age limit instead of 18
3) grow and possession limits (5x5 area, 1 oz possession in public)

The first issue was taken care of, nowhere in the initiative does it mandate what the tax on cannabis should be, only that
Any ordinance, regulation or other act adopted... 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
The second issue of age limit is a concession I am willing to give. This says something because I am not even 21 yet. I will just renew my rec. It is still annoying that at 16, we can drive a 1-2 ton hunk of metal legally at speeds up to 70 mph, at 18 we can own a gun and give ourselves cancer with cancerettes but we can't use a substance safer than aspirin? Oh well, like I said I'll just renew my rec.
I was hung up on the third issue, growing and possession, for a while. That is until I read this:
a local government may adopt ordinances, regulations, or other acts..to.. authorize.. the following: such larger amounts as the local authority deems appropriate and proper under local circumstances, than those established under section 11300(a) for personal possession and cultivation, or under this section for commercial cultivation, processing, transportation and sale by persons authorized to do so under this section
Meaning that local governments can up your grow area, your personal possession limit, as well as what you can buy from the store. Not only is 5x5 fair for the personal grower, but an oz out in public is fair as well (name me an instance where you'll need more?). But on top of these fair limits, the local government may expand on them as well. Better start getting buddy-buddy with your local politicians ;)

Now I shall address some of the concerns others have:
(this one's for you SkyHi)
First and most importantly THIS WILL NOT AFFECT MEDICAL CANNABIS USERS OR PROVIDERS. The proof is in the pudding (this one's for you SkyHi):
7. Ensure that if a city decides not to tax and regulate the sale of cannabis, that buying and selling cannabis within that city’s limits remain illegal, but that the city’s citizens still have the right to possess and consume small amounts, except as permitted under Health and Safety Sections 11362.5 and 11362.7[AKA Prop 215] through 11362.9[AKA SB420].
8. Ensure that if a city decides it does want to tax and regulate the buying and selling of cannabis (to and from adults only), that a strictly controlled legal system is implemented to oversee and regulate cultivation, distribution, and sales, and that the city will have control over how and how much cannabis can be bought and sold, except as permitted under Health and Safety Sections 11362.5 [AKA Prop 215] and 11362.7 through 11362.9 [AKA SB420].

That said, keeping in mind the recent Supreme Court ruling striking down the limits SB420 put forth, if you want to grow more than in a 5x5 area, and possess more than an oz in public, you have three options:
1. Get a medical rec
2. Acquire a commercial license
3. Petition your local government to up the limits.

kushpheen said
Bro voter approved initiatives have to be amended by another voter approved initiative
Yes only if the amendments are intended to limit the scope of the initiative

Amendments to the limitations in section 11300, which limitations are minimum thresholds and the Legislature may adopt less restrictive limitations

Frankly after reading through the initiative and everyone's complaints it's safe to say that if you oppose this initiative it is you that have an agenda, not the proponents. Whether it's because you're worried about the price of your illegal commodity plummeting, you're a cop worried about your cannabis enforcement funding, you're a drug counselor who's about to be out of the job since nearly all people in your program are there for bud and referred there by the courts, idc which of the above. If you oppose this, you are opposing freedom and you are opposing progress. Currently, non-med users can not grow anything legally, they cannot possess anything legally, and cannot buy anything legally. This initiative addresses all of these. If you believe cannabis will be as legal as tomatoes to grow and possess as much as you want then you are as naive as you are ignorant. Right now in the initiative there are reasonable limits on grow and possession, mostly to distinguish personal users from the commercial ones, and to prevent excess buds from going to the black market. Once other states start legalizing, especially in areas surrounding Cali, these limits will probably slowly disappear altogether since there won't be a concern of those extra oz's or lb's finding their way to a street corner a couple states over (no need when it's legal there too). I saw this on another site, and I agree 100%:
Would we all feel better if this was touted as a glorified "decriminalization and depenalization" initiative instead? If it was called anything but "legalization" would you vote for it? Don't let philosophy, ideology, and semantics get in the way of progress. So goes Cali, so goes the country. This is evident in how many states immediately jumped on the medical wagon after Prop 215 passed. Within 4 years 9 states had medical programs of some sort. Come on people this is about freedom to just chill on your personal garden and personal stash. And of course the hemp industry!! My god the hemp industry could be huge! I'd say if given the proper attention it deserves it could be twice as valuable as the recreational cannabis side of things.

Funny how nobody here, or in the news, even mentions that this initiative specifically calls on the legislature to create separate laws authorizing hemp production:
authorize the production of hemp or non-active cannabis for horticultural and industrial purposes
The hemp industry deserves it's place back on the American farm. It could help California get one step closer achieving energy independence.

VOTE YES
 
K

kushpheen

299
0
The first issue was taken care of, nowhere in the initiative does it mandate what the tax on cannabis should be...

That's one of my concerns, it allows local government to apply a dozen or so different fees and taxes upon the sale of cannabis and no specific amount is clearly defined. This could have a dramatic effect on the price of cannabis.

The second issue of age limit is a concession I am willing to give. This says something because I am not even 21 yet. I will just renew my rec. It is still annoying that at 16, we can drive a 1-2 ton hunk of metal legally at speeds up to 70 mph, at 18 we can own a gun and give ourselves cancer with cancerettes but we can't use a substance safer than aspirin? Oh well, like I said I'll just renew my rec.

Since this initiative criminalizes the sale of cannabis from adults 21 and over to people between 18-21 and you might find it hard to acquire cannabis from your local medical dispensary should they choose to become a recreational retail outlet. Nowhere in this statement does it offer an exemptions for medical patients 18-21.
(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.

I was hung up on the third issue, growing and possession, for a while. That is until I read this:

Meaning that local governments can up your grow area, your personal possession limit, as well as what you can buy from the store. Not only is 5x5 fair for the personal grower, but an oz out in public is fair as well (name me an instance where you'll need more?). But on top of these fair limits, the local government may expand on them as well. Better start getting buddy-buddy with your local politicians ;)

Sorry, but your definition of whats fair shouldn't have to apply to everyone else. I don't know of a single local government that hasn't sought to limit dispensaries and the personal possession and cultivation limits of patients. I find it very hard to believe they would suddenly embrace cannabis and expand the limited restrictions this initiative seeks to place upon us. People like rich lee are very well connected to their local politicians and have used their influence to limit the competition of their cannabusinesses. This initiative just seeks to reward those who already have those connections in place.

it's safe to say that if you oppose this initiative it is you that have an agenda, not the proponents.
So your claiming the authors/proponents of this initiative rich lee and jeff jones don't have an agenda? They just invested millions of their own money to fund this campaign from the goodness of their hearts?

If you oppose this, you are opposing freedom and you are opposing progress.
Thats like saying to prisoners your free to walk around your jail cell. This initiative restricts possession, cultivation and consumption rights. It attempts to keep cannabis in the shadows and hidden from the public eye by criminalizing public consumption and continues to fine/sentence people for marijuana crimes. It will continue to attach negative stigmas to every cannabis consumer, grower or retailer that simply seeks the social acceptance that only true legalization can offer.

Currently, non-med users can not grow anything legally, they cannot possess anything legally, and cannot buy anything legally.
Nothing is stopping these people in California from obtaining medical recommendations. Cali is probably the easiest and cheapest place to obtain a recommendation.


IF NOT THEN YOU'RE EITHER IGNORANT OR HAVE A MORE SINISTER AGENDA

Choosing to insult and belittle this initiatives opponents by claiming they have a 'sinister agenda' or are ignorant is a very familiar and weak argument. Perhaps you can find another forum to post these senseless statements or just learn from the example that was set from the other person who chose to debate in this fashion.
 
S

sun of the morn

8
0
I may have come off as brazen in calling all opponents ignorant, so first and foremost I will apologize for that, it was in the "heat of the moment". Opponents are just as entitled to their opinion as any one else. So I'm sorry.
Since this initiative criminalizes the sale of cannabis from adults 21 and over to people between 18-21 and you might find it hard to acquire cannabis from your local medical dispensary should they choose to become a recreational retail outlet. Nowhere in this statement does it offer an exemptions for medical patients 18-21.
Well because the initiative explicitly protects medical users from the requirements and limits of the bill, I'm sure there will be plenty of places for me to buy my meds from. Businessmen don't just ignore a huge percentage of their customer base (that being the 18-21 college crowd).
Sorry, but your definition of whats fair shouldn't have to apply to everyone else.
Sorry, that's a democracy. 51% get to choose what's fair for the other 49%. That's not my definition of fair, it's the author of the initiative's definition. I just said that I can accept that as being fair. I think it's fair relative to what's currently allowed: nothing.
I don't know of a single local government that hasn't sought to limit dispensaries and the personal possession and cultivation limits of patients.
This is due to its illegality. They are worried about the black market and such, and there is still a stigma attached since it's an illegal product. Take away the illegality, you take away the stigma. Plus if you look at the counties that upped the old 6/12/8oz limits of SB420 it's clear that there are plenty of localities which are tolerant of higher limits.
I find it very hard to believe they would suddenly embrace cannabis and expand the limited restrictions this initiative seeks to place upon us
Well that is 1) an opinion and 2) a hypothetical statement. I'm not talking about what might occur I'm talking about what will occur. And that includes local gov'ts having the option to up those limits. Frankly if you can't get your local gov't to achieve something, especially with the backing of other constituents then you should either move, vote the people out, or run for office yourself.
So your claiming the authors/proponents of this initiative rich lee and jeff jones don't have an agenda? They just invested millions of their own money to fund this campaign from the goodness of their hearts?
Maybe my wording was off, as it's impossible to say neither side has an agenda. Rather, one side has an agenda that goes against the ultimate goal of the cannabis culture (legalization) and the other side has an agenda which is in line with that goal (and as you have stated, sunk millions into the campaign to achieve that goal). It's easy to see which side is which.
This initiative restricts possession, cultivation and consumption rights
Really? And what are those rights currently? It's hard to restrict rights that don't exist yet.
It attempts to keep cannabis in the shadows and hidden from the public eye by criminalizing public consumption and continues to fine/sentence people for marijuana crimes
You can't drink in public, or be drunk in public it will be no different with cannabis (whether I agree with that is different). Cannabis Cafes will be allowed, so in that sense people will be walking down the street and see us happily enjoying our spliff with our coffee cakes inside a private cafe. Are we going to be having huge jam circles in the park passing PK blunts? No but it's not like we can do legally now so we're not really missing out on anything.
It will continue to attach negative stigmas to every cannabis consumer, grower or retailer that simply seeks the social acceptance that only true legalization can offer
Not at all, because now we will feel more open about telling people about our use, and tell our friends who don't smoke, hey wanna go to XXX Cafe and try this? Without worrying about that person wigging out and narc-ing or worry about them viewing us as a criminal. It will be no different than co-workers saying "hey wanna grab a drink?" no harm in that statement just like now "hey I got some nice OG kush, wanna deuce a blunt after work?" would be a harmless statement thus turning more people on etc etc.
Nothing is stopping these people in California from obtaining medical recommendations. Cali is probably the easiest and cheapest place to obtain a recommendation.
Oh I'm well aware. But why go thru the hassle? Maybe I don't want to spend $100-$200 for the right to grow, when an opportunity to do it for free, sans doctors and half-truth medical condition, is right in front of us?

I see this initiative as also a way to clear up some of the issues that the Cali med scene has right now. For instance, med users are still being arrested and harassed by police despite that they are legal. This discrimination will end once it's legal. Dispensaries are also getting harassed, mostly because of the whole "selling vs non-profit" thing. This issue will be a thing of the past. LA can go suck a nut about closing down all those dispensaries "acting outside of the law". And for a lot of patients who can't afford their meds, this initiative will be great because it will finally allow the prices to drop substantially. No longer will they be buoyed just because of the black market value. Now the incentive will be to keep the price below the black market level, so that there is as small a black market as possible (why pay more from a dealer than in a legal store?).
And of course as I mentioned before, it will restore hemp to its proper place on the American farm. We can finally start really utilizing it and seeing what it's capable of, especially as a fuel. Imagine if oil barrels grew on tree. That is hemp, without the smog and drama.
Once again, sorry for coming off as harsh, I will edit my post to prevent further offense.
 
K

kushpheen

299
0
Well because the initiative explicitly protects medical users from the requirements and limits of the bill, I'm sure there will be plenty of places for me to buy my meds from. Businessmen don't just ignore a huge percentage of their customer base (that being the 18-21 college crowd).
Businesses, such as bar owners, definitely ignore catering to minors because its illegal. The same will apply here because this initiative doesn't grant immunity to sell cannabis to people 18-20 just because they have a doctors note. It doesn't strip 18-20 years old of their medical rights, it just criminalizes selling to them. I wouldn't want to jeopardize my retail cannabis license to cater to this small demographic.

This is due to its illegality. They are worried about the black market and such, and there is still a stigma attached since it's an illegal product. Take away the illegality, you take away the stigma. Plus if you look at the counties that upped the old 6/12/8oz limits of SB420 it's clear that there are plenty of localities which are tolerant of higher limits.

Medical cannabis isn't illegal, yet the social stigmas weren't magically erased upon the inception of prop 215. Cities still view dispensaries as a nuisance and have limited their numbers.

Well that is 1) an opinion and 2) a hypothetical statement. I'm not talking about what might occur I'm talking about what will occur. And that includes local gov'ts having the option to up those limits. Frankly if you can't get your local gov't to achieve something, especially with the backing of other constituents then you should either move, vote the people out, or run for office yourself.

You can judge the future by what these politicians have accomplished in the past. They chose to limit dispensaries and patient rights. I have no desire to waste my time arguing with greedy politicians.

Maybe my wording was off, as it's impossible to say neither side has an agenda. Rather, one side has an agenda that goes against the ultimate goal of the cannabis culture (legalization) and the other side has an agenda which is in line with that goal (and as you have stated, sunk millions into the campaign to achieve that goal). It's easy to see which side is which.

My goal is true legalization, I'm not so desperate that I'll accept the first initiative that comes along, pretending to be legalizing cannabis. You can actually support legalizing cannabis and be opposed to this bill at the same time, its amazing.

You can't drink in public, or be drunk in public it will be no different with cannabis (whether I agree with that is different). Cannabis Cafes will be allowed, so in that sense people will be walking down the street and see us happily enjoying our spliff with our coffee cakes inside a private cafe. Are we going to be having huge jam circles in the park passing PK blunts? No but it's not like we can do legally now so we're not really missing out on anything.

Really, so when I'm drinking at a ball game whats that called then? Cannabis cafes will only be allowed if local governments decide to allow them. They hardly tolerate limited numbers of dispensaries now. Why would they suddenly embrace cannabis cafes next to starbucks? Tax revenue? they can get similar revenue from allowing more dispensaries now, they've chosen not to. I'm not saying some cities won't allow them but...How much will a license cost to open a cannabis cafe?

Not at all, because now we will feel more open about telling people about our use, and tell our friends who don't smoke, hey wanna go to XXX Cafe and try this? Without worrying about that person wigging out and narc-ing or worry about them viewing us as a criminal. It will be no different than co-workers saying "hey wanna grab a drink?" no harm in that statement just like now "hey I got some nice OG kush, wanna deuce a blunt after work?" would be a harmless statement thus turning more people on etc etc.

People have been making statements like that long before prop 215 and they are definitely make them now. I wouldn't call people who might 'wig out' or 'narc' on me for pot my friends, strangers perhaps. But what are they going to do now, call the police and tell them someone is about to smoke a joint? Hurry get here fast its almost smoked!!!

Oh I'm well aware. But why go thru the hassle? Maybe I don't want to spend $100-$200 for the right to grow, when an opportunity to do it for free, sans doctors and half-truth medical condition, is right in front of us?

I don't think cultivation will be a free right. Local governments can require people to get licensed even for home cultivation. Its far more of a hassle to get any license for anything from your local government than it is to get a doctors note. Unless you feel like going to the DMV is a treat. So you can either pay your doctor $100 for a note or the city you live 'X' amount for a licencse. You can either pay taxes every time you buy a bag, or you can pay the $100 fine whenever you slip up and get caught.

Notwithstanding any other provision of state or local law, a local government may adopt ordinances, regulations, or other acts having the force of law to control, license, regulate, permit or otherwise authorize, with conditions, the following:
(a) cultivation, processing, distribution, the safe and secure transportation, sale and possession for sale of cannabis, but only by persons and in amounts lawfully authorized;

And for a lot of patients who can't afford their meds, this initiative will be great because it will finally allow the prices to drop substantially. No longer will they be buoyed just because of the black market value.

No where in this initiative does it claim the price of cannabis will drop. In fact with a dozen or more different fees and taxes applied to the sale you could argue it will cost the same or more.

I'm all for legalizing hemp farming, no arguments there.
 
S

sun of the morn

8
0
The same will apply here because this initiative doesn't grant immunity to sell cannabis to people 18-20 just because they have a doctors note

I'm not saying it will be legal for them to buy from cannabis retailers. I'm saying there will still be medical dispensaries that will sell to them. Or "donate in exchange for a donation fee", whatever the PC term is these days. There's no reason to think that all the dispensaries are just gonna poof and disappear.

Medical cannabis isn't illegal, yet the social stigmas weren't magically erased upon the inception of prop 215. Cities still view dispensaries as a nuisance and have limited their numbers.
Again, this is because of the stigma attached to cannabis' illegality, in general. While medical cannabis is legal, cannabis is cannabis. It's all the same flower. And outside of a medical environment, it's possession is illegal. With more people being exposed to it in a legal environment that stigma will slowly erode. No longer will the curious have to go out of their way to get a Dr's Rec and all that if they want to experiment legally, they could just go to a retailer, try it for themselves and see it's not so terrible. A lot less effort.
My goal is true legalization, I'm not so desperate that I'll accept the first initiative that comes along, pretending to be legalizing cannabis.
You speak for yourself, that's fair enough. I'm thinking about Johnny Dimebag who gets busted for a small personal grow and ends up with a criminal record, blocking him from financial aid for college, taking away his driving privilege, branding him as a 3rd class citizen who can't get a decent job etc. This happens all too often, whether it's a small grow or a couple oz in the trunk. It's great that California has decriminalized an oz but there's still a fine and still a record. Still 60,000+ people getting arrested every year for a cannabis offense. I say, why wait one more day than we need to, to protect another 60,000 from getting arrested next year? This isn't about you or me man it's about our community as a whole.
Really, so when I'm drinking at a ball game whats that called then?
That's called drinking on private property where they are licensed to do that. Try having a block party with beer and no permit see what happens.
Cannabis cafes will only be allowed if local governments allow them. They hardly tolerate limited numbers of dispensaries now, why would they suddenly embrace cannabis cafes next to starbucks
Same reason they're even talking about this initiative $$$. It's all legal anyways, there's no use in not allowing them. By automatically assuming they won't do this or that you are of course making this initiative sound a lot worse than it is, boxing it into a corner of negativity. The point is that the option is there; that is simply something we don't have right now.
People have been making statements like that long before prop 215 and they are definitely make them now. I wouldn't call people who might 'wig out' or 'narc' on me for pot my friends, strangers perhaps
Yes people have been making those statements and it's happening! I know a lot of people who've started using because it's legal, and it's usually for a legitimate medical use like pain or sleeplessness and they don't like narcotics. I wasn't really referring to friends, maybe more like new friends or co-workers. People who you haven't really crossed that barrier of telling them you use yet. When it's legal it won't matter if they know or not. It won't be a crime to pass that joint to the left at the concert anymore.
I don't think cultivation will be a free right
There's nothing to "think" about it- it WILL be a free right. That line you quoted related to commercial cultivation, as evidenced by the line right above it saying "Commercial Regulations and Controls". Cultivation for personal use will not be licensed.
No where in this initiative does it claim the price of cannabis will drop
Simple economics. What legal renewable commodity do you know to cost over $200 an oz? Especially one that yields pounds at a time? Having a legal medical market has already shown wholesale prices drop 30%-50% in the last 5 years alone. Without the black market holding up the falsely inflated price, coupled with the huge influx of legal growers and retailers, the price will most certainly drop substantially. Even with the hypothetical taxes and fees and whatnot. And my statement about med patients having cheaper meds will especially be true, because they won't have to pay those taxes and fees and as I said the price will not be falsely inflated to keep them from diverting their meds to the black market. So medical dispensaries and collectives will actually be able to sell the meds at true non-profit prices, probably between $50-$100 an oz and almost free for low income patients.

huzzah :afroweed:
 
K

kushpheen

299
0
There's no reason to think that all the dispensaries are just gonna poof and disappear.
But there is reason to believe the majority of them will seek retail licensing.

Again, this is because of the stigma attached to cannabis' illegality, in general. While medical cannabis is legal, cannabis is cannabis. It's all the same flower. And outside of a medical environment, it's possession is illegal. With more people being exposed to it in a legal environment that stigma will slowly erode. No longer will the curious have to go out of their way to get a Dr's Rec and all that if they want to experiment legally, they could just go to a retailer, try it for themselves and see it's not so terrible. A lot less effort.
Sure, for someone who is 21+ that wants to try pot, it will be easier to purchase. I haven't purchased cannabis in a long, long time. This new found convenience for some will be lost on me.

You speak for yourself, that's fair enough. I'm thinking about Johnny Dimebag who gets busted for a small personal grow and ends up with a criminal record, blocking him from financial aid for college, taking away his driving privilege, branding him as a 3rd class citizen who can't get a decent job etc. This happens all too often, whether it's a small grow or a couple oz in the trunk. It's great that California has decriminalized an oz but there's still a fine and still a record. Still 60,000+ people getting arrested every year for a cannabis offense. I say, why wait one more day than we need to, to protect another 60,000 from getting arrested next year? This isn't about you or me man it's about our community as a whole.

Well Johnny should of got a doctors note or a better lawyer. There might be 60,000 getting arresting next year, but many of those same people will still be getting arrested if this initiative passes. The people who were in possession of more than an ounce, cultivating in a space over 25sqft and selling cannabis for example.

That's called drinking on private property where they are licensed to do that. Try having a block party with beer and no permit see what happens.
I cant think of a more public place than a ballpark, private property or not. Consuming alcohol or tobacco in public holds only the negative stigmas that come attached with its health concerns. Cannabis use doesn't have those same health concerns, so why are they strictly forbidding public consumption? How can the stigma be dropped if its still a crime to smoke in public. Your still breaking the law. Gradually, it might become more accepted, I hear your argument. We could also just gradually wait for a better initiative, that didn't seek to keep cannabis in the shadows. Make cannabis profitable yes, this initiative will do that, socially acceptable, not yet you damn hippies! :damnhippie:

It won't be a crime to pass that joint to the left at the concert anymore.

This initiative seeks to specifically make that very act a couple of different crimes. Smoking in public and look minors are present! In fact you passed that joint to someone who was only 20! thats its! 6 months in jail and $1000 fine you criminal mastermind. Now try to get a student loan.

(ii) consumption in public or in a public place;
(iv) smoking cannabis in any space while minors are present.
(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.

Book'em Danno! :anim_09:


There's nothing to "think" about it- it WILL be a free right. That line you quoted related to commercial cultivation, as evidenced by the line right above it saying "Commercial Regulations and Controls". Cultivation for personal use will not be licensed.
Heres my thoughts on this section
Section 11301: Commercial Regulations and Controls

Notwithstanding any other provision of state or local law, a local government may adopt ordinances, regulations, or other acts having the force of law to control, license, regulate, permit or otherwise authorize, with conditions, the following:
(a) cultivation, processing, distribution, the safe and secure transportation, sale and possession for sale of cannabis, but only by persons and in amounts lawfully authorized;

Its clearly stated here local governments will have the force of law to control or license cultivation. "applications and issuance of licenses or permits; inspection of licensed premises" Even though it doesn't specifically say for commercial or personal purposes, at the end of the commercial regulation and control section are these 2 important statements which gives local authorities the power to...

(l) such larger amounts as the local authority deems appropriate and proper under local circumstances, than those established under section 11300(a) for personal possession and cultivation, or under this section for commercial cultivation, processing, transportation and sale by persons authorized to do so under this section;
(m) any other appropriate controls necessary for protection of the public health and welfare.

Since local governments have been claiming for years that marijuana grow houses are a danger to society due to electrical fires. They can argue its necessary to require licensing and inspections to insure all 5x5 grow rooms are up to regulated safety codes. And because this initiative authorizes them 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"

They can charge you for privilege of having your grow room inspected, measured, licensed and approved.

And my statement about med patients having cheaper meds will especially be true, because they won't have to pay those taxes and fees

Where in this initiative does it exempt med patients from taxes?, I remember hearing this claim made, but I can't remember ever reading it.

6. Provide easier, safer access for patients who need cannabis for medical purposes.

Easier and safer perhaps, but they either forget to mention cheaper or they have no intentions of lowering the retail street value of cannabis. Simple economics will tell you if you have people buying 1/8ths for $50, companies are going to see if they'll pay $60 or more for the newest, greatest, best strain ever. The people who will be investing in a regulated cannabis industry do not want to devalue the cannabis currency. They want to protect the multi-billion dollar cannabis ecomony and profit as much as humanly possible. Which depends on the retail price remaining relatively stable.

If you look at the production costs for alcohol and tobacco, these companies products are created for pennies on the dollar. But the retail price of these products still follows the same inflationary trends of products that are renewable and in demand. In other words they keep getting more and more expensive. Governments have been raising the taxes on alcohol and tobacco steadily for decades. Mostly because they have so many externalized costs to society that need to be recouped, but also as ways to generate more revenue. Cannabis will be looked at the same way by politicians, they will continue to levy more and higher taxes upon it. Of course, this is only if politicians choose to follow the same patterns they have for the last 100 years.
 
S

sun of the morn

8
0
Well Johnny should of got a doctors note or a better lawyer. There might be 60,000 getting arresting next year, but many of those same people will still be getting arrested if this initiative passes

Well that's not very nice =( Johnny was in good health and didn't want to take advantage of the medical system, and why should he have to pay for a lawyer when we're now presenting him with the option of not getting arrested in the first place? And those 60,000 arrests, I forgot to mention, were just the misdemeanor arrests. And growing any amount is a felony in California.
I cant think of a more public place than a ballpark, private property or not
Regardless of what you think man in the eyes of the law a ball park is not in "public". That ball park could very well have licenses permitting cannabis use on the premises next year, should this initiative pass.
We could also just gradually wait for a better initiative, that didn't seek to keep cannabis in the shadows
While more people get arrested and more money our state doesn't have gets wasted. Or that money could go towards implementing the first cannabis legalization law in the history of our country. Hmmmm so hard to choose.
This initiative seeks to specifically make that very act a couple of different crimes. Smoking in public and look minors are present!
True well if it's outdoors it won't matter if there's minors present cuz that's not "a space" it's outdoors. And it isn't smoking in public, concerts are usually held on private property not public property. Yea it would suck if that person I'm trying to be nice to by sharing with is under 21 but good thing if it's an undercover I can run pretty damn fast!
Current Cali law is that providing cannabis to a minor is a felony punishable by 3-5 if theyre over 14 and 3-7 if theyre under 14. So the only law theyre inventing is the one for people between 18-21 (up to 6 mo, up to $1000 fine). I doubt anyone will actually serve those sentences or pay any where near that amount of fine, but that's only speculation on my part and doesn't really have merit to the debate.
Its clearly stated here local governments will have the force of law to control or license cultivation. "applications and issuance of licenses or permits; inspection of licensed premises" Even though it doesn't specifically say for commercial or personal purposes, at the end of the commercial regulation and control section are these 2 important statements which gives local authorities the power to... etc etc etc They can charge you for privilege of having your grow room inspected, measured, licensed and approved.
I mean bro all that is in the Commercial Regulation and Control section, which is completely separate from the Personal Regulation and Controls part, in which there is no mention of licensing, or inspection, or any of that. That's all for commercial operators only.
Where in this initiative does it exempt med patients from taxes?, I remember hearing this claim made, but I can't remember ever reading it
In my first post on this site I noted the sections specifically exempting med patients from everything put forth by this initiative, including taxes.
7. Ensure that if a city decides not to tax and regulate the sale of cannabis, that buying and selling cannabis within that city’s limits remain illegal, but that the city’s citizens still have the right to possess and consume small amounts, except as permitted under Health and Safety Sections 11362.5 and 11362.7[AKA Prop 215] through 11362.9[AKA SB420].
8. Ensure that if a city decides it does want to tax and regulate the buying and selling of cannabis (to and from adults only), that a strictly controlled legal system is implemented to oversee and regulate cultivation, distribution, and sales, and that the city will have control over how and how much cannabis can be bought and sold, except as permitted under Health and Safety Sections 11362.5 [AKA Prop 215] and 11362.7 through 11362.9 [AKA SB420]
Emphasis mine
The people who will be investing in a regulated cannabis industry do not want to devalue the cannabis currency. They want to protect their potentially billion dollar future ecomony. Which depends on the retail price remaining relatively stable.
Well my point you were alluding to was referring to med patients and medical collectives and dispensaries. These people will remain separate from the recreational side of things. And thus will be able to become true non-profits and sell "at cost" meaning enough to pay the bills. The company that sells herb to Health Canada says it only costs them $15 an oz or something like that to produce the herb, overhead included. It's not a stretch to say that after paying the salaries of employees and board members, a non profit collective could charge under $100 an oz for their members. Even if retail for recreational users drops below $100 an oz, it's still like hundreds of percent profit. Especially if the retailer is vertically integrated and does all the growing themselves. The sheer volume of customers is going to be well enough to make sure everyone gets their slice of the pie.
Mostly because they have so many externalized costs to society that need to be recouped, but also as ways to generate more revenue. Cannabis will be looked at the same way by politicians, they will continue to levy more and higher taxes upon it
Cannabis users have a $20 annual cost to society due to health effects. Tobacco users have a $822 cost to society annually and alcohol users have a $318 annual cost to society. So their justification for raising taxes would fall apart there. When/ if this initiative passes, I would like to see our community press for a percentage based tax, not a fixed dollar amount. Just like there are meals tax and candy tax, I would be okay with a cannabis tax. An extra 3%-5% on top of the ~10% state and local sales tax. Putting a fixed dollar amount as tax serves to keep the price artificially high and potentially causing diversion to the black market, one of the big reasons I didn't support this initiative at first with its $50 excise tax. As prices lower while supply and demand find equilibrium, we could well see oz prices approach $50 so a $50 tax would be a 100% tax! On top of sales tax! You can see how ridiculous that is.
Of course, this is only if politicians choose to follow the same patterns they have for the last 100 years.
Californians would do well to get more involved in their local politics, lest they continue to be robbed blind and still manage to end up billions in the red. I think it is more important for voters to follow different patterns by actually holding politicians accountable, then the politicians pattern will change. Until then, we can not expect them to change without putting their feet to the fire. To expect them to change on their own is foolish. Instead the sheep go "baaaa" and vote for whoever is on the ballot, whose color matches theirs. Not really paying attention to what happens in between elections unless something particularly controversial comes up. That is what I think should change if we want to fix California's broken system. That and the fact that I think only ballot initiatives that will have a positive effect on state revenues (adding revenue instead of removing it) should be allowed. But that is a different debate altogether ;)
I think you're getting hung up on minute details, assumptions, hypothesis, and semantics when you should just take a step back, and read this initiative for what it is: taking criminal penalties away from adults for cultivating and buying for their personal use. If it wasn't called but rather a glorified decriminalization law would it make ya feel better man? I can see that there are things in the initiative that you don't agree with but do they really outweigh the possibility of "pulling the lever" in favor of something that will remove criminal penalties for all responsible adult cannabis consumers over 21? Not to mention all of your accomplices who share your viewpoint. I'd hate to be on the wrong side of history on this one.
 
K

kushpheen

299
0
You've made some good points son, but I still feel this initiative has too many unnecessary flaws and neglects to specifically outline key details, such as the fines, sentences, permit requirements, licensing costs and taxes.

I noticed you thought the mass bill intends to levy pretty exorbitant taxes upon cannabis in their bill. Would you be as supportive of this initiative if California's legislators and local authorities levied similarly high taxes upon the sale of cannabis here? What if the wholesale cost of cannabis production was lets say $50 an ounce but the taxes levied upon it inflated the price to $300 an ounce? Would you still support this initiative then? All I'm saying is this initiative allows the corrupt money hungry politicians to decide what these taxes should be, and there is no reason to believe that they won't be astronomically high, given the states budget shortfall. I don't even think the founders of this initiative really took into consideration how much leeway they are giving the politicians to arbitrarily levy these new taxes and fees.


Well that's not very nice =( Johnny was in good health and didn't want to take advantage of the medical system, and why should he have to pay for a lawyer when we're now presenting him with the option of not getting arrested in the first place? And those 60,000 arrests, I forgot to mention, were just the misdemeanor arrests. And growing any amount is a felony in California.

Well Johnny knew the laws, and yet neglected to protect himself legally with a doctors note. Since you said he was busted with 'a small grow or a couple oz in the trunk' this initiative won't legally protect him either. Because even the smallest self sufficient grows still exceed the 5x5sqft limits. Unfortunately for Johnny, he also lived in a community that wasn't accepting of recreational cannabis laws, they instead chose to make harsh penalties for possessing more than an ounce and cultivating in an area greater than 25sqft, so now Johnny will be serving time and paying some hefty fines.

Regardless of what you think man in the eyes of the law a ball park is not in "public".
Tell that to the people who have been cited or arrested for public intoxication at ballparks, aka drunk and disorderly conduct. There's a reason stadiums have a police presence, and even their own jail cells. Since the majority of ballparks built were funded publicly, they actually fall under the definition of semi-public spaces and the laws governing these semi-public spaces apply.

While more people get arrested and more money our state doesn't have gets wasted. Or that money could go towards implementing the first cannabis legalization law in the history of our country.
Our state isn't diverting any of its current funding dedicated to arrest, prosecute or jail marijuana criminals to implement a legalization law. Taxes received from the sale or the licensing and permitting cannabis would be funding the "implementation of a legal regulatory framework to give California more control over the cultivation, processing, transportation, distribution, and sales of cannabis." Our state will still unfortunately receive and spend public funds citing, arresting, prosecuting and jailing the marijuana criminals this initiative fails to legally protect.

Yea it would suck if that person I'm trying to be nice to by sharing with is under 21 but good thing if it's an undercover I can run pretty damn fast!

Well you just added evading and resisting arrest to your list of charges. Unfortunately that joint you were smoking didn't give you the necessary energy to outrun a team of police officers.

I mean bro all that is in the Commercial Regulation and Control section, which is completely separate from the Personal Regulation and Controls part, in which there is no mention of licensing, or inspection, or any of that. That's all for commercial operators only.

But its in the commercial regulation and control section that explicitly gives local governments the power to expand upon personal cultivation and possession limits. It also grants them the authority to regulate...
(m) any other appropriate controls necessary for protection of the public health and welfare.
So it's feasible that local governments will decide home cultivation is a public health and safety concern due to the hundreds of electrical fires triggered each year from improperly wired indoor gardens. This section gives them the authority to regulate home cultivation, like it or not, they would have the power to.

The company that sells herb to Health Canada says it only costs them $15 an oz or something like that to produce the herb, overhead included. It's not a stretch to say that after paying the salaries of employees and board members, a non profit collective could charge under $100 an oz for their members.
Thats because you have people like dds in Canada, growing 4lb trees. God bless you dds. But California dispensaries have had more than a decade to lower the retail price of high grade cannabis and it hasn't happened yet. Since most medical dispensaries will seek retail licensing, medical patients will have fewer options to acquire their medicine. As the larger scale medical growers switch their focus on producing for the recreational market, the smaller scale growers won't be able to meet the demands of the medical market. Thus increasing the demand and inflating the price. Remember, medical collectives will still be required to be supplied by its members on a closed loop system, as required by sb420. The recreational dispensaries that are required to be supplied by state approved sources will have access to cheaper mass produced cannabis. Even though these retail outlets will still cater to some medical patients its unclear whether or not they will be exempted from providing cannabis to medical patients under 20 and whether or not these patients would be exempted from the taxes associated with sales at a retail outlet. Medical consumers might only receive those exemptions at medical dispensaries.

"Not everyone in the community is supportive. Don Duncan, a co-founder of Americans for Safe Access, which lobbies for medical marijuana, said he had reservations about the prospect of casual users joining the ranks of those with prescriptions.

“The taxation and regulation of cannabis at the local or state level may or may not improve conditions for medical cannabis patients,” Mr. Duncan said in an e-mail message. He added that issues like “police harassment and the price and quality of medicine might arise if legalization for recreational users occurs.”

When/ if this initiative passes, I would like to see our community press for a percentage based tax, not a fixed dollar amount. Just like there are meals tax and candy tax, I would be okay with a cannabis tax. An extra 3%-5% on top of the ~10% state and local sales tax.

I would just like to see the initiative outline these taxes before we vote upon it, rather than having our corrupted politicians arbitrarily deciding upon the appropriate amounts for us. Though I really can't imagine anyone having the desire to have more taxes levied upon them.

I think you're getting hung up on minute details, assumptions, hypothesis, and semantics when you should just take a step back, and read this initiative for what it is: taking criminal penalties away from adults for cultivating and buying for their personal use. If it wasn't called but rather a glorified decriminalization law would it make ya feel better man? I can see that there are things in the initiative that you don't agree with but do they really outweigh the possibility of "pulling the lever" in favor of something that will remove criminal penalties for all responsible adult cannabis consumers over 21? Not to mention all of your accomplices who share your viewpoint. I'd hate to be on the wrong side of history on this one.

I would have a much easier time pulling the lever if this initiative just outlined the specific details regarding fines, sentences, permitting, licensing and taxes that I believe are necessary to make an informed decision. It would be nice if the word legalize or decriminalize was even in the title but since this initiative barely (if at all) achieves the definition of either of those 2 words, I guess its authors found it necessary to leave them out of the title altogether. Its the minute details and semantics that are especially important to pay attention to whenever your deciding upon important legislation that will change the lives of many people. Otherwise, you could find yourself voting for an initiative like this one, that fails to accomplish the simple task of providing social acceptance to legalized cannabis and allows our state to continue wasting its resources enforcing draconian marijuana laws.
 
S

sun of the morn

8
0
You have fair arguments man. At this point it's safe to say that we've pretty much exhausted our knowledge on the initiative lol. I can certainly see your concern about the taxes and all that, and truth be told if I knew for certain that the taxes would become as exorbitant as the Mass act I wouldn't show up on voting day. No penalty for possession and growing is a fine thing, but keeping prices artificially high and buoying black market prices isn't something I, as a free marketeer, agree with. I can't think of any renewable commodity that comes anywhere near $200 an oz, shit tobacco is like only like $15 a pound if you buy it as "pipe tobacco", and when you call it "roll your own" it jumps $40 or so just cuz of taxes. It's absurd and is causing a black market to flourish in some parts of the country (New York comes to mind). Over $40 a pound! I imagine the black market that would flourish if cannabis remains at the prices it's at today. However since this isn't certain, I have to say that I'm still gonna vote yes. I'm keeping my rec active anyways. I did want to point out one thing tho:
California dispensaries have had more than a decade to lower the retail price of high grade cannabis and it hasn't happened yet
I've seen caps drop lower and lower, I don't know if it's the economy or the flood of mediocre crap from last years harvest or what but I rarely see the 65-75 8ths that were once common, shit I complain if it it's over 40 now. This is just in the past few years. Hash has dropped in price too, its pretty much the same price as buds these days. It used to be about 50% more. Just thought I'd point out my observation on that point.

Here's something I came across, someone shot off an email to taxcannabis2010 folks and here's a few answers to their questions, it might be of some interest to people here. OGR, they answer your question about plots for multiple residents in here:
1) It says you can grow in a 5x5 area, and all harvest can be
possessed on the premises it's grown on, but you can only legally
possess an ounce. So if your 5x5 yields you more than an oz, what do
you do with the extra harvest? And where can you legally store it?

You can legally store anything above an ounce in your residence. We wouldn't recommend traveling with more than an ounce if you're not approved otherwise.

2) It says a 5x5 are per residence. Does this mean that regardless of
the amount of occupants, you can only have one 5x5 grow per household.
Like say my 3 roommates and I all want to grow, will we all have to
share that 5x5 area or so we each get our own 5x5?

5x5 per private residence. You may live in a county/area with a bigger regulation but unfortunately, to prevent illegal sales, the restriction is 25 sq. ft/household.

3. It says that the limits in the initiative can be made less
restrictive by the legislature, does that mean that one day the
legislature could lower the age limit and allow smoking in public
without having to pass another ballot initiative? A lot of people I've
talked to feel that an adult is an 18 year old, and if they can
legally buy a gun and go fight in a war they should be able to buy a
joint every once in a while, and a lot of people would also like to
relax outside and smoke some cannabis, much like tobacco users are
free to smoke their cancer sticks outside and around their kids all
they want.

Yes, the measures in our initiatives are floors but we allow local governments to make changes as they see fit. They can't make things MORE restrictive but they can make things LESS restrictive.

It was a good debate kushpheen :hi:. You brought up a lot of valid points and I'm glad you're at least thinking your vote through and reading the legislation, can't say that about too many voters. take care ya'll.
 

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