Ab 266 Breakdown. The End Of The Cannabis Industry As You Know It.

[liketosmoke]

I posted dire warnings here about three months ago about these new bills and there was literally four replies. :/



the third bill




(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban.

This program does not include patients who are cultivating in an area under 100 sq ft (10 x 10) that are growing just for themselves, and do not sell, give away, or SHARE their weed with anyone else. Got that? Your personal 10x10 garden does not get regulated as long as you never share a joint with anyone from it. Otherwise you are fucked. Sorry.

Caregivers are not regulated by this program if their garden is under 500 sq ft (25 x 20) and they are cultivating for 5 or less patients. You must meet the definition of primary caregiver for those 5 folks which means, “individual designated by the patient... who has consistently assumed responsibility for the housing, health, or safety of that person." And you can’t get paid… sorry.

The square footage is measured by the combination of grow areas used…

Cities and counties can still ban or limit growing if they want though…

SB642
If this passes it will be extremely difficult to get your med card renewed
so you can pay the tax man recreational,read up on that

This bill would, among other things, set forth standards for a physician and surgeon prescribing medical cannabis and require that the Medical Board of California to prioritize its investigative and prosecutorial resources to identify and discipline physicians and surgeons that have repeatedly recommended excessive cannabis to patients for medical purposes or repeatedly recommending cannabis to patients for medical purposes without a good faith examination, as specified. The bill would require the Bureau of Medical Marijuana to require an applicant to furnish a full set of fingerprints for the purposes of conducting criminal history record checks. The bill would prohibit a physician and surgeon who recommends cannabis to a patient for a medical purpose from accepting, soliciting, or offering any form of remuneration from a facility licensed under the Medical Marijuana Regulation and Safety Act. The bill would make a violation of this prohibition a misdemeanor, and by creating a new crime, this bill would impose a state-mandated local program.

• So the goal is to make it more difficult for doctors to recommend cannabis to patients, and authorizes the Medical Board to “prioritize” going after pot docs. Bottom line is they want less people qualifying to use cannabis and will make it a priority to fuck with doctors who are writing “excessive” recommendations.
• It also authorizes them to take fingerprints and run background checks on applicants, and ensure doctors are not taking kickbacks from dispensaries.

 

[SHIRDABZALOT]

Honestly being a Washington citizen and seeing how it went down here, you guys are pretty screwed. Votes will never trump billions of dollars, sad fact of "capitalism", if you pass one initiative, "they" have unlimited money and resources to just undermine us a different route. Hopefully I'm totally wrong, but it's just real real hard to beat that Google money that's against us. Welcome to big canna, big pharma's new son!

 

[SHIRDABZALOT]

They want to make you a red dot on the map so you can be in the same category as child molesters and muslim extremists. Sound like a registry your willing to sign up for??.....voluntarily lol!!

 

[Wisher619]

While it also states that patients under prop 215 are unaffected...so which is it...I am under the assumption that it means prop 215 patients will be grandfathered in or it will transfer over to a new system...in any case it doesn't happen until 2017...by that time i am sure cannabis will be legal in California...or at least passed as legal....if you read the fine print on SB420 and 215 most are in violation.....and it really isn't like anyone follows the law to the letter.....hence the Wild West.....I also believe there is a law that supersedes all others in California which states you can grow up to 99 plants on your property for personal use.....which has been around for ever......If I am not mistaken.....

 

[markscastle]

There are no state laws saying how many plants you can grow foe medical use in California. The 99 plants comes from federal law saying that a minimum sentence must be imposed of three years for over 99 plants grown . There are some counties in California that have plant limits or grow space limits in land use codes.

 

[Wisher619]

SB 420
Article 2.5. Medical Marijuana Program

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.




so how does this differ from what has been revised........i mean they are thinking of a database....but....that had already been established with SB 420 but i don't know anyone that actually carries a state issued card......because prop 215 trumps.......get it.....thats why in the new bill it specifically states exempt under prop 215 patients.....sounds to me like they are really just building an infrastructure for when we vote for legalization....all they are gonna do is transfer words to recreational instead of medical......as perfectly planned to go live Jan 2017...probably when recreational legalization will take place if voted in....It also seems like a scare tactic to force all the Big time farmers to back legalization like they didn't do last time because if is way more profitable to operate in the underground/blackmarket then to have to file taxes on your earnings.....and pay taxes...and be regulated on what shit you can use to kill spider mites and and whatnot.....Some farmers have integrity...a lot of farmers do not...to many it is all about the weight and not the quality...just because we on this site collectively have a care or consideration for what we do does not mean that the vast majority of the people that supply the country give a shit about anything other then money...or how much they have to shell out in order to fall within the standards.....just a couple months ago in Central Cali they busted a farm that was being run by asian...that had one of the largest scale productions the state has ever seen...with multiple industrial scale greenhouses......a few years back they bust a Narco backed grow on the central coast 2 sites with flowering plants in the thousands.....where do you think all that is going......Back to Mexico?????to Europe??????Canada????.....or maybe the 1 million Dispensaries and mobile dispensaries....I don't really believe there is that much black market still in this country...also i just read that most of Northern Cali Cannabis is being shipped to Colorado to there shops.....My guess is California is done with not making money from all this pot going around and they are gonna get there money regardless which is funny in a way because the state then becomes a felon to the federal government.....profiting from a Schedule I narcotic

 

[Blaze]

I find it very ironic that for as long as I can remember I have always heard the argument that cannabis should be legal, regulated, and taxed just like alcohol. Now that legislation is coming into place that does exactly that, everyone is all up in arms. It would be incredibly naive to think that the state and local governments would allow legalization without a regulatory and taxation framework. I have not found much in any of these bills to be that surprising, or even particularly unreasonable. Compared to what is involved in opening or operating a distillery, brewery, or winery, they have actually set the bar quite low in my opinion.

Yes, these bills will mean you will probably see the end of "backyard growers" who make their living or extra money on the side growing a handful of plants. Though if you have not seen that coming for the last 10+ years you are pretty damn oblivious to what has been going on in California and the rest of the country in my opinion. However, regulation also means that those of us who want to see cannabis become a legit industry will finally be able to pursue that goal openly and freely. It also means that career criminals and organized crime that use medical cannabis as a front will most likely be forced out on the industry as well. Despite the largely negative opinion I have seen of SB 266 on the internet forums, literally every single professional grower I know who wants to have growing cannabis become a real profession has a favorable opinion of SB 266.

As far as medical getting restricted, again, this should not come as much of a shock. Despite the numerous medical benefits of cannabis, you are a fool if you do not recognize that 95% of the people who have a med card are scamming the system (which I don't really have a problem with at this point.) The vast majority of med card holders are recreation smokers, which again, I have no problem with, but I don't think you should need a med card to smoke recreationally, nor should you try to hide behind the lie that you "need" it for medicine. If we truly want to see medical cannabis move forward, then people need to stop hiding behind this bullshit smoke screen, and just admit they like to get high (I love to get high!). Lying about medical cannabis use only holds the legitimate medical cannabis industry back and makes real medical users look bad. I just find it ironic that everyone is freaking out that most smokers will have to be "recreation" smokers in the future, not "medical". New flash: if you smoke, you probably aren't fucking medical.

If you don't want to deal with taxes and regulations, that's cool, the black market isn't going anywhere; it will always be here even after it goes legal. No one will stop you from growing for the black market (well except for law enforcement if they catch you). Frankly, having to deal with permits and taxes scares me a hell of a lot less that federal agents and prison. I will gladly and happily jump through some regulatory hoops and give Uncle Sam a cut if it means I no longer have to deal with the stress and worry of getting busted and can grow openly and proudly.

 

[markscastle]

 

[MJ Indicator]

AB 266 is informed by AB 34, we must familiarize ourselves with both to understand the whole of legalization as law enforcement and big business see/desire it (the benefit and profit of these bills are with these entities in mind not patients). There is bonafide political motivation in these bills directly associated to profit. To deny or ignore that "regulation" has anything to do with safe-access or the edification of cannabis is naive. They have defecated on this plant for nearly a century judicially and socially, but now everyone wants to apologize and make nice? Riiiiight... "Hey sorry about all the imprisonment and witch hunts, let's just legalize this toot sweet and get you your reefer alright? Oh yeah and stop trying to depend on your stinky pot dealer pals, you get your plant from us now OR JAIL. Best interest and all that. Deal?"

Washington, Alaska, Oregon, Colorado etc. were phase 1 trials (think about it folks - the entire west coast is now locked up and its not a coincidence) to see if there really is profit to be made and legal states were in essence a federal feasability study. The numbers are in the numbers are big. The way these bills read does not support a separation of medical vs. recreational. The bills are merely sold to the public as pertaining to recreational because we all want legal weed right ?!?!? (crowd roars), but the ignorance of a general public assumes a centralized regulatory commission will uphold current medical architecture by proxy. Well it won't... Look California thought by charging new dispensaries set up fees local economy would benefit, okay wrong that didn't work and curiously the feds stepped in, 80% were shut down and bureaucracy intervened. Hey, but what about all the set up costs and fees? These were monies local governments glady took knowing well why they set up the license structure and its fine print in the first place.

Law enforcement has played a heavy role which is to be expected, but when the notion of a drug czar and centralized regulation body is pondered within each bill's language, Americans need to understand the monopoly forming at ground level within these bills and the ability of congresspersons to pervert the legislative process. And you really thought this legislation was drafted then pushed forward with your cancer, your MS, your epilepsy, your aids in mind?

Just say no.