California Cannabis VOTER INITIATIVE 2010

[Blue Dot]

Ok... How about levels of growers....

Per residence.

level 1: Personal seasonal grow / Med growers.
Permit cost: $50.00 per Crop
Plant amount: 25 mature plants.
Compliance:
Resident is allowed to grow up to 25 mature cannabis plants for personal consumption or gifted with no monetary return. Plants will be given a colored serial numbered zip-tie to identify the type of permit and date issued. Zip ties are to expire in the fall/winter period just after harvest date.
Non-compliance:
Failure to buy permit and/or failure to stay within plant limits will result in the following penalties.
1 offense - Fine of $500
2 offense - Fine of $2000
3 offense - Fine of $10,000 - or harsher option like home forfeiture.


Level 2: Commercial Scrog grower
Permit cost: $250.00-$500.00 Annually
Plant amount : 40-50 Mature Plants
compliance:
Resident is allowed to grow 40 mature cannabis plants for personal consumption, gifted with no monetary return, and sale to clearing house and/or cannabis dispensary.
Non-compliance:
Failure to buy permit and/or failure to stay within plant limits will result in the following penalties.
1 offense - Fine of $1000
2 offense - Fine of $5000
3 offense - Fine of $10,000 - or harsher option like home forfieture.

I vote Yes, just tell me where to sign up.

 

[maxxim]

Import of cannabis:

Compliance:
Persons or businesses are allowed to import cannabis for resale or personal consumption. A $100-$150 per ounce import tax will be tacked on.
Non-compliance:
Failure to pay import tax or illegal smuggling will result in the following:
1 offense: forfeiture of product and $1000 fine.
2 offense: forfeiture of product and $5000 fine.
3 offense: forfeiture of product and $10,000 fine.
(asset seizure could also be used for more extreme cases of smuggling and or forgery to circumvent the regulation. Thats right were keeping the sharks and subs.)

If we are going to be taxed on what we grow and sell to ourselves then we better damn well tax the shit out of imported cannabis.

 

[Blue Dot]

Import of cannabis:

Compliance:
Persons or businesses are allowed to import cannabis for resale or personal consumption. A $100-$150 per ounce import tax will be tacked on.

But I can ALREADY buy $100 oz's of mexi.

A $100 tax on that oz would be a tax of 100%.

Doesn't that sound a bit steep considering tax on any other saleable product in CA is only ~8%?

 

[JackTheGrower]

But I can ALREADY buy $100 oz's of mexi.

A $100 tax on that oz would be a tax of 100%.

Doesn't that sound a bit steep considering tax on any other salable product in CA is only ~8%?

I believe Blue Dot, That cannabis falls under "Sin Tax" http://en.wikipedia.org/wiki/Sin_tax

First I believe an imported ounce of weed wouldn't be possible since Federal laws would prohibit such a thing.

I would think it's going to be all "CaliCannabis"

 

[JackTheGrower]

Ok... How about levels of growers....

Per residence.

level 1: Personal seasonal grow / Med growers.
Permit cost: $50.00 per Crop
Plant amount: 25 mature plants.
Compliance:
Resident is allowed to grow up to 25 mature cannabis plants for personal consumption or gifted with no monetary return. Plants will be given a colored serial numbered zip-tie to identify the type of permit and date issued. Zip ties are to expire in the fall/winter period just after harvest date.
Non-compliance:
Failure to buy permit and/or failure to stay within plant limits will result in the following penalties.
1 offense - Fine of $500
2 offense - Fine of $2000
3 offense - Fine of $10,000 - or harsher option like home forfeiture.


Level 2: Commercial Scrog grower
Permit cost: $250.00-$500.00 Annually
Plant amount : 40-50 Mature Plants
compliance:
Resident is allowed to grow 40 mature cannabis plants for personal consumption, gifted with no monetary return, and sale to clearing house and/or cannabis dispensary.
Non-compliance:
Failure to buy permit and/or failure to stay within plant limits will result in the following penalties.
1 offense - Fine of $1000
2 offense - Fine of $5000
3 offense - Fine of $10,000 - or harsher option like home forfeiture.

Hey Maxxim where did you see this?

It looks like disinformation. I'm really curious now.

I have not seen what you have posted..

 

[JackTheGrower]

Text of CC2010 Initiatave.

Text of CC2010 Initiatave.

I believe this is an accurate copy of the initiative

The Tax, Regulate, and Control Cannabis Act of 2010


Section 1: Name

This Act shall be known as the “The Tax, Regulate, and Control Cannabis Act of 2010.”

Section 2: Findings

This Act, adopted by the People of the State of California, is intended to:

a. Prohibit furnishing cannabis to minors below the age of 21, unless for medical use.

b. Repeal all existing state and local laws that criminally prohibit or punish cannabis and associated cannabis related activities.

c. Permit the possession, use, sharing, cultivation, transportation, and other activities related to cannabis by persons over the age of 21.

d. Mandate the State government to adopt reasonable laws to permit, license, control and issue taxes for the commercial cultivation and sales of cannabis.

e. Permit the cultivation, processing, sales, transportation and distribution of industrial hemp.

f. Authorize local governments to adopt ordinances, rules and regulations regarding such licensed businesses, including appropriate zoning, permits, licenses, safety, and environmental laws to protect the general health and welfare of the public.

g. Punish those who violate this Act and prevent any state or local agency from prohibiting or obstructing the terms or spirit of this Act

h. Make cannabis available for scientific, medical, industrial and research purposes.

i. Permit the State of California to fulfill obligations under the United States Constitution to enact laws concerning health, morals, public welfare and safety.

j. Continue to enforce all laws relating to driving and contributing to the delinquency of a minor.

Section 3: Definitions

For purposes of this Act: a. “Cannabis” means all parts from plants of the Genus Cannabis, whether growing or not; seeds thereof; resin extracted from any part of the plant; concentrated cannabis; edible products containing cannabis; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The terms
“Marijuana” and “Cannabis” are interchangeable for the purposes of this Act.

b. “Industrial hemp” means an agricultural field crop that is limited to nonpsychoactive varieties of the Cannabis plant having no more than three-tenths of one percent tetrahydrocannabinol contained in the dried flowering tops, that is cultivated and processed exclusively for the purpose of producing the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin or flowering tops extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

Section 4: Cannabis Control, Decriminalization, Regulation, and Taxation

Article 5 of Chapter 5 of Division 10 of the Health and Safety Code, commencing with section 11300 is added to read:

Section 11300: Laws Permitting Cannabis Activities by Adults Aged 21 and Over

(a) It is lawful, and not a crime or public offense under California law for persons aged 21 and older to engage in the following acts or activities related to the plant genus cannabis: possession, transportation, use, furnishing, sales, cultivation, or processing. (1) Persons aged 21 and over may cultivate reasonable amounts of cannabis for their personal use. Amounts cultivated beyond personal use needs are subject to commercial restrictions, taxes and fees imposed pursuant to this Act.

(2) All persons aged 21 and over may possess objects, items, tools, equipment, products and material associated with activities permitted under this Act. This includes scales or other weighing devices.

(b) This Act hereby repeals all state laws that prohibit cannabis possession, sales, transportation, production, processing, and cultivation, and removes cannabis from any other statutes pertaining to the regulation of controlled substances, whether now existing or enacted in the future, including but not limited to the following:

(1) Health and Safety Code Sections 11014.5 and 11364 [relating to drug paraphernalia]; 11054 [relating to cannabis or tetrahydrocannabinols]; 11357
[relating to possession]; 11358 [relating to cultivation]; 11359 [relating to possession for sale]; 11360 [relating to transportation and sales]; 11361 [related to minors]; 11366 and 11366.5 [related to maintaining a place for cultivation, sales]; 11370 [relating to punishment]; 11379.6 [relating to processing]; 11470 [relating to forfeiture]; 11479 [relating to seizure and destruction]; 11703 [relating to definitions regarding illegal substances]; 11705 [actions for use of illegal controlled substance]; Vehicle Code sections 23222 and 40000.15 [relating to possession].

(c) This act is not intended to affect the application California Vehicle Code §23152 [relating to driving while impaired] and Penal Code §272 [relating to contributing to the delinquency of a minor].

(d) This Act strictly prohibits all sales of cannabis outside the State of California unless such sales are not inconsistent with federal or international law.

(e) This Act shall be retroactive, and by operation of law expunges the conviction of anyone previously convicted of a cannabis offense.

(f) The Act prohibits any person from being denied any right or privilege for conduct in accordance with this article. No person shall be discriminated against regarding, but not limited to, healthcare, education, employment, retirement, and insurance, for conduct permitted by this Act.

Section 11301: State and Local laws to Control and Regulate Commercial Cannabis

California state and local governments shall adopt reasonable ordinances, regulations, or other acts having the force of law to control, license, regulate, permit or otherwise authorize the following: (a) Commercial cultivation, production, processing, distribution, and sales of cannabis for commercial and personal uses, including:

(1) Establishments, open to the public, that sell and/or allow on-premises smoking and other use of cannabis, and;

(2) Locations engaged in the commercial propagation, cultivation, processing and/or distribution of cannabis, and;

(3) Any other entity or location needed to further activities permitted and/or mandated by this Act.

(b) Local governments may create regulations of any such establishment in accordance with this article including but not limited to environmental, accessibility, and zoning ordinances.

(c) Local governments are prohibited from banning establishments, businesses, and other entities engaged in any conduct allowed by this Act.

(d) The State shall create appropriate regulations to ensure uniform and orderly implementation of this Act including regulations, laws, and other acts having the force of law, requiring that any such permitted or licensed business, facility or premises:

(1) prevent any harm to the environment,

(2) have appropriate controls to ensure protection of minors,

(3) permit or license the commercial cultivation and sale of Cannabis,

(4) create and levy appropriate taxes or fees pursuant to section 11302,

(5) enact laws or create agencies consistent with the purposes of this Act.

(e) The State shall enact labeling requirements in order to inform the public for all cannabis sold or offered for sale to the public that includes:

(1) City, county, or other appellation, and;

(2) Species, strain(s) and/or variety(ies) of packaged cannabis, and;

(3) General THC content, and;

(4) Organic certification, or, if not certified as organically grown, a listing of pesticides, herbicides, and/or additives used;

(5) Certification that the Cannabis is not genetically modified.

Section 11302: Imposition and Collection of Taxes and Fees

(a) The Legislature shall create a system for the fair and orderly taxation of commercial production, sales and other cannabis business related activities within one year of the passage of this Act. The rate of taxation shall be initially set at no less than Fifty United States Dollars per ounce of Cannabis.

(b) State and local governments shall create a system for the fair and orderly issuance of licenses or permits, and the collection of licensing or permitting fees.

(c) In order to foster environmentally responsible practices for cannabis production, cultivation, processing, and other related activities, the Legislature shall enact preferential regulatory and tax treatment for entities engaged in organic and/or sustainable practices.

(d) Taxes imposed pursuant to this Act must be spent on public education, healthcare, environmental programs, public works, and state parks.

(e) Only Cannabis that is commercially cultivated, distributed, and/or sold shall be taxed.

Section 11303: Industrial Hemp

(a) This Act hereby provides for the decriminalization of industrial hemp. The state and local governments shall enact laws and regulations promoting the cultivation, production, processing, sales, distribution, regulation, and taxation of industrial hemp and all derivatives thereof.

Section 11304: Penalties for Violation of this Act

(a) Penalties for the furnishing of cannabis to a minor shall be consistent with penalties for similar alcohol related offenses.

(b) Penalties to the minor for cannabis related offenses shall be non-custodial.

(c) Nothing in the Act shall permit the smoking of Cannabis:

(1) In or within 500 feet of the grounds of a school (other than university or college), or youth center, unless the personal use occurs within a residence.

(2) On a school bus.

(3) By the operator of a motorized vehicle, vessel, or aircraft during operation.

(d) The unauthorized sale of cannabis shall be subject to civil and regulatory penalties to be determined by the Legislature.

(e) Establishments, facilities, individuals and other entities that maliciously and repeatedly violate this Act are subject to civil, regulatory, and licensing penalties to be determined by the Legislature.

(f) All civil penalties for violations of these new cannabis regulations shall be spent on public education, healthcare, environmental programs, public works, and state parks.

Section 11305: Law Enforcement Activities

State and local law enforcement agencies and other state or local government entities are prohibited from providing any assistance in the enforcement of federal laws prohibiting cannabis. Any public officer or employee who provides any assistance in the enforcement of federal cannabis prohibition shall be punished by imprisonment in the county jail for not more than one year, or in the state prison.

Section 11306: Severability

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.

© 2009. Joe Rogoway, Esq., James Clark, Esq., Kali S. Grech, and Omar Figueroa, Esq. All Rights Reserved.

 

[maxxim]

But I can ALREADY buy $100 oz's of mexi.

Honestly I don`t think anyone would really want to buy that shit once were growing our own fresh... And why would anyone be buying anything but American made cannabis. The tax is to encourage local level growth throughout the country by creating local "green farmers".
You have to implement a tax otherwise you can just drive a truck down the border and bring back all you want without repercussion since it would be legal now. Explain to us any positives of not putting the tax on it?

A $100 tax on that oz would be a tax of 100%.

Yes.... You would be paying $200 an ounce for the shwag if your buying it out of a dispensary/shop.
I believe that you need to keep a decent tax on cannabis to ensure an elevated price level to deter underage smoking and make sure you can drive the business model. Otherwise the market floods out or it grows so out of control or you return to prohibition.

Doesn't that sound a bit steep considering tax on any other saleable product in CA is only ~8%?

Would you rather it just stay illegal? I would say that whatever the tax may be its better then what we have now.

In the end you have to sell the plan we just have to pick the price, besides "hopefully" you will get a portion of that tax money back through whatever services it pays for (schools, health care, trash collection ect..).

 

[Blue Dot]

Honestly I don`t think anyone would really want to buy that shit once were growing our own fresh... And why would anyone be buying anything but American made cannabis. The tax is to encourage local level growth throughout the country by creating local "green farmers".
You have to implement a tax otherwise you can just drive a truck down the border and bring back all you want without repercussion since it would be legal now. Explain to us any positives of not putting the tax on it?





Yes.... You would be paying $200 an ounce for the shwag if your buying it out of a dispensary/shop.
I believe that you need to keep a decent tax on cannabis to ensure an elevated price level to deter underage smoking and make sure you can drive the business model. Otherwise the market floods out or it grows so out of control you return to prohibition.




Would you rather it just stay illegal? I would say that whatever the tax may be its better then what we have now.

In the end you have to sell the plan we just have to pick the price, besides "hopefully" you will get a portion of that tax money back through whatever services it pays for (schools, health care, trash collection ect..).

I am in favor of a tax.

The ATF (doing stings) is what keeps underage kids from drinking, not a tax, and it would be the same for cannabis.

I have no problem with 8% tax.

A 100% tax is just a tax that is unreasonable but they can get away with.

Tobacco and alcohol are taxed similarly unreasonable and i don't agree with that mindset so i choose not to apply it to MJ.

It's an herb, like the millions of other herbs (think St. john's wort, etc) on the shelf at the local health food store that are taxed at 8%.

There are no "negative repurcussions" of MJ like there are alcohol or tobacco so it shouldn't be grouped with them.

The chp and sherriff's associations like to say that increased MJ use will lead to more vehicular accidents but MADD actually has the stats and even they say that cannabis is NOT a significant cause of accidents.

Don't buy into the, "well the only way they were able to legalize alcohol and tobacco were by a sin tax so that's the only way we will be able to legalize MJ"

There is nothing sinful about MJ.

 

[JackTheGrower]

Maxxim, has some concerns for business.


My take on business is that most people won't bother to invest months of dedicated time to grow cannabis.

Like brewing your own beer.. Folks do and they share with friends in the house.. That's the way I see Cannabis legalized.. Beer is everywhere and if Cannabis is everywhere can you really sell it?

In my opinion no.

Can you buy it? Yes.

Can you buy micro brews and specialty beers? Yes.. Where business stands to make a market is in providing connoisseur quality cannabis.

Shwag? LOL no more Shwag.. Chant everyone.. No more shwag.. no more shwag...

It's really dumb that we are even so uptight on cannabis in the first place.. Remember how we made it a crime and why..

As for business? If California passes the Initiative we will be a huge jump ahead of the world, you business minded folks!

It's a house of cards and we are pulling the Joker out of the deck if we all get together and work to get CC2010 on the ballot and passed.

 

[Grow Tech]

I read through the latest draft posted here and I dont see any impact on Medical cannabis users. Is that a correct conclusion?

 

[Tony Aroma]

Also how do you address the illegal imported Mexican or Canadian pot?

What will the penalties be for bringing that stuff into the US and then how do you penalize a dispensary/shop for knowingly selling the Mexican/Canadian?

I don't see this as an issue. Right now you can, for example, go into a liquor store and buy Dos Equus (Mexican beer). Assuming importing is allowed, how would mj be any different than liquor? If you sell it, you pay tax regardless of where it comes from. If it's crap, then don't buy it. In a free market, the consumer decides what sells and what doesn't. If domestic producers are concerned about foreign competition, then all they have to do is produce a superior product at a competitive price (a strategy our auto industry would benefit from).

 

[JackTheGrower]

I read through the latest draft posted here and I dont see any impact on Medical cannabis users. Is that a correct conclusion?

I need to read it with that in mind but, I don't think it will mater anymore..

If that initiative passes I assume we can keep our jobs and test positive.. Have health insurance, car insurance and other things we cannot now have if we admit we are medical cannabis people.

I'll fight hard for that.

Jack

 

[Blue Dot]

If that initiative passes I assume we can keep our jobs and test positive.. .

I don't think that's what this initiative would do (could do) at all.

Companies drug test in order to be insured (from national insurers) and the companies calim if they allowed you to test positive this would be a violation of fed law and since their insurers are national they say they fall under fed law, not just sate law.

The med case version of this already went thru the courts and the courts said companies don't have to allow you to test positive so if the med patients (with state law on their side) didn't win in court I don't know why recreational users (even with the state law on their side) would win either.

 

[maxxim]

How do you address a person or couple growing in or at their house with children?

How do you address the dumb asses who will cover every inch of their yard with cannabis plants?

Should families have to worry that their children might sneak in the neighbors yard and pick some buds?
How are you going to assure parents that this will not happen?

I know this thing is for Cali only but for nationwide acceptance some details need to be hammered down....

 

[JackTheGrower]

I don't think that's what this initiative would do (could do) at all.

Companies drug test in order to be insured (from national insurers) and the companies calim if they allowed you to test positive this would be a violation of fed law and since their insurers are national they say they fall under fed law, not just sate law.

The med case version of this already went thru the courts and the courts said companies don't have to allow you to test positive so if the med patients (with state law on their side) didn't win in court I don't know why recreational users (even with the state law on their side) would win either.

I went and got the section:

11300


(f) The Act prohibits any person from being denied any right or privilege for conduct in accordance with this article. No person shall be discriminated against regarding, but not limited to, healthcare, education, employment, retirement, and insurance, for conduct permitted by this Act.


-----------------

I'm not a lawyer and that is a damn good choice for discussion Blue Dot.

How would any company get around State law?

I remember that when at Lockheed that my security clearance was good for the work I would do ( in this case air refueling port installation ) on a California National guard aircraft but not on a USAF aircraft and it was the same aircraft type and the same modification.

The reason given was because it was a State aircraft I could work on it but the Federal I could not with the type of clearance the company had paid for.
So I kinda wonder if we won't find the same sort of weird thing , that when we work for Federal we won't be able to smoke but when the business is State rooted we can.

I open this up because I wonder what is correct myself..

 

[JackTheGrower]

How do you address a person or couple growing in or at their house with children?

How do you address the dumb asses who will cover every inch of their yard with cannabis plants?

Should families have to worry that their children might sneak in the neighbors yard and pick some buds?
How are you going to assure parents that this will not happen?

I know this thing is for Cali only but for nationwide acceptance some details need to be hammered down....

I find it odd that your position has been anti-legalization but I had a woman who was and we still got it on so..

I would assume, and I could go and find a section that would cover that, that it's covered.

I would assume anyone who is going to let their garden be available to anyone walking by will have Jack The Ripper for a friend! Or not a friend more than likely.

Parents will have to be parents! Remember one of the potential benefits of legalization is the drug dealing of cannabis at school will decline because the profit incentive will go down.

You can't stop people from getting high with laws.. Communities and family need to work on those issues with children.. Because if it isn't weed, it's tobacco and if it isn't that it's booze and if it isn't that its pills or gasoline or paint or glue or..

You get my point kids are at risk no mater what because they are kids!

I like that you are playing the devils advocate!
Now what was your question?

 

[maxxim]

I find it odd that your position has been anti-legalization but I had a woman who was and we still got it on so..

Not sure what your referring to what you say "got it on", sex or weed...

I am all for legalization and if any progress is made big or small then great. That said I`m still going to play devils advocate and find the holes to exploit. I`d like to think I am impartial since none of this will affect me personally.

I think you need to address the serious problems up front and a provide responsible solutions.

Either I ask the questions now or the opposition will later.

 

[Blue Dot]

How do you address a person or couple growing in or at their house with children?

up to the parents on how they want to raise their kids

How do you address the dumb asses who will cover every inch of their yard with cannabis plants?

isn't that what we are trying to achieve? Tomatoes, pot, what's the difference?

Should families have to worry that their children might sneak in the neighbors yard and pick some buds?
How are you going to assure parents that this will not happen?

Perhaps if the parents taught their children not to be theives and to not steal the fruits of others labor!

I know this thing is for Cali only but for nationwide acceptance some details need to be hammered down....

We are starting a revolution in Cali. Join in or move back to jolly old England.

Honestly, Cali couldn't care less what the other Puritans, Calvinists, Mormons, etc., think.

 

[JackTheGrower]

Not sure what your referring to what you say "got it on", sex or weed...

I am all for legalization and if any progress is made big or small then great. That said I`m still going to play devils advocate and find the holes to exploit. I`d like to think I am impartial since none of this will affect me personally.

I think you need to address the serious problems up front and a provide responsible solutions.

Either I ask the questions now or the opposition will later.

By get it on "relationship" Grove.. hang out etc..

On the "holes" there is more than blending concepts to that.

If I start with the premise of "if it was legal" and blend "it's immoral on the societal level" then ask how do we legalize and fix the morality aspect while protecting the corporations? That doesn't work in context of the actual initiative language.
How do we "fix mankind?"

Maybe see if there is a Bone you can pull out of that coffin.. I think it's nailed tho!

I mean how do we solve individual misdeeds on a societal level?

Gotta shoot straight.. Maybe you will get lucky and put some lead in this one..

 

[kmk420kali]

How do you address a person or couple growing in or at their house with children?

How do you address the dumb asses who will cover every inch of their yard with cannabis plants?

Should families have to worry that their children might sneak in the neighbors yard and pick some buds?
How are you going to assure parents that this will not happen?

I know this thing is for Cali only but for nationwide acceptance some details need to be hammered down....

I read you "Devil's Advocate" statement...and that in mind...
It is already not a problem to grow (with a Rec) at your home with children-- There is no law saying you can't-- I have had CPS here, and seen my garden...and they left-- That was almost 2 years ago, and still no problem--
If somebody wants to cover their yard with plants...why not?? To me, it would be stupid, asking to get ripped...but as far as kids and Cannabis go, there shouldn't be any more concern about that than there is about kids getting into a medicine cabinet...and nobody tells a kid they can't use the bathroom simply because there is medicine in there...they teach their kids not to fuck with it--
Remember...the Nutrients that we feed the plants are far more harmful to kids than the plant itself ever could be-- And they can go buy them, themselves--