ICMAG Administration endorses The Regulate, Control and Tax Cannabis Act of 2010

[Strainhunter]

Some excellent points here:


Prop 19 Post-Mortem: Crunching the Numbers and Pointing the Finger



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[TruthOrLie]

I still can't quite grasp why ICmag would allow so many anti-19 individuals free reign to oppose progress so publically on THIS website.

If I went to a D.A.R.E. message board or one for mom's against drug use, I'm pretty sure my "This is how you grow dank ass weed" messages would be edited/removed.

 

[Veet]

I was disappointed with the failure of Prop. 19. I may be in error ( living in the Deep South and not being exposed to the local Calif. media ) but the campaign seemed like a last minute thing. Many people outside of Calif. didn’t even know about Prop. 19.


On the positive side:

The can of worms was opened and I don’t believe that ‘can’ can be closed.

What was a California issue is now a National issue. There are two full years to gear up for the next effort. Hopefully there will be more than one state involved. There is time for many outside Calif. to contribute.

We now know the face of the enemy and their tactics.

The young voters always come out in larger numbers during a presidential election.

I think the sound bite “Tax and Regulate Just Like Alcohol” should be used often. Most everyone can identify with alcohol. Maybe a proposal to use the tax money for education would help.

Besides legalization of marijuana, we should legalize hemp too. We just might find some allies and it would add a new crop and new products to the discussion.

Maybe we could win over some of the older folk with a campaign of testimonials about the uses of medical marijuana. For instance using marijuana for pain control.

While most politicians will not come out in favor of legalization, maybe they can be convinced to be neutral.

 

[215forLife]

Imagine if this (written by yours truely) were on the ballot instead...

PROPOSED LAW



SECTION 1. Section 11357.1 is added to the Health and Safety Code, to read:

11357.1 (a) This section shall be known and may be cited as the Cannabis Freedom Act of 2012.

(b)(1) The people of the State of California hereby find and declare that the purposes of the Cannabis Freedom Act of 2012 are as follows:

(A) To ensure that Californians have the right to obtain and use marijuana for their own purposes.

(B) To ensure that Californians who obtain and use marijuana are not subject to criminal prosecution or sanction.

(C)(1)To authorize the state legislature to tax cannabis products at the same general retail sales tax rate per tobacco products.

(2)Authority to regulate and promote the commercial cultivation of 100 cannabis plants or more shall be given to the California Department of Agriculture. (1) The cultivation of 100 plants or less (less than 600 square feet total cultivation area ) shall be considered out of the scope of government regulation and control. (a) Plants & their remnants cultivated under this provision shall not be sold for retail consumption.

(3)(a) Authority to regulate wholesale and retail transactions shall be given to the California Department of Alcohol Beverage Control. (b) Entities which can show good cause they provided non-profit cannabis prior to the adoption of the Cannabis Freedom Act shall be granted automatic licensure with a 5 year waiver on fee's. (c) Licensing shall be granted unless the applicant has a history of crimes involving minors. (e) After a four year period a cap on the number of licenses shall be established. (f) Persons convicted of crimes against or involving minors shall be prohibited from employment by license holders.

(1) The cap shall be the sum of current number of licenses plus fifty percent. The cap shall be adjusted upward annually at a rate not to exceed 20%.

(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others.

(a)(1) Persons driving under the influence of Cannabis shall be subject to the provisions and penalties in California Vehicle Code Section 23152. (2) Testing for behind the wheel impairment shall be done by using "Frustrated total internal reflection (FTIR)" devices.

(b) Employers shall retain the right to screen employees for cannabis use so much that it does not discriminate against those with a legitimate medical use.

(D) Regulations on transactions and cultivation of less than 100 plants shall not apply to collectives and cooperatives as authorized in SB420.

(1) SB420 entities shall be prohibited from public advertisement and direct over the counter retail sales.

(D)(1) Section 11054(d)(13) Classification of marijuana as a California controlled substance, Section 11357, relating to the possession of marijuana, Section 11358, relating to the cultivation of marijuana, Section 11359, relating to the sales of marijuana, Section 11360, relating to the transportation and distribution of marijuana, Section 11362, relating to classification of marijuana as a crime shall be repealed from the California Health and Safety Code and the legislature and local governments are hereby prohibited from imposing any criminal penalties relating to cannabis.

(2) All persons previously arrested and/or convicted of the offenses listed in (c)(1) shall have the record of their arrest and/or conviction vacated. All persons incarcerated for offenses listed in (c)(1) shall be immediately released from custody.

(d)The words marijuana and cannabis and all its surnames shall be removed from the penal and health and safety code.

(1) Section 11362.5 The Compassionate Use Act, Section 11357.1, Section 11361, Section 11361.5 and Section 11361.7 of the Health and Safety Code shall retain the words marijuana, and cannabis.

SECTION 2. Section 420.9 is added to the Government Code, to read: Marijuana (Cannabis Indica) is the official state herb. April 20 of every year shall be known as California Cannabis day.

SECTION. 3. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

 

[TruthOrLie]

Imagine if elephants could fly.

Are you a lawyer? Do you have any business drafting legal documents?

I think you should show me one example of some, any law passed which retroactively pardons any criminals.

 

[dagnabit]

She sucks LOL what a waste of an otherwise fuck-able piece of ass.

i question if you are legally blind!!!!!!

that LEO slag is so far from fuckable....

 

[215forLife]

Imagine if people weren't haters...

No I'm not a lawyer, but I have friends who are! However I have succesfully litigated in court, a three strikes case actually. I had no choice as El Dorado county was going to railroad me. Going Pro Per is nice. Infact when I was in prison I spent most of my time in the law library reading. So I do have experence in how the law is applied and used in court.

I have drafted legal documents actually. The articles of incorporation for a Cannabis Corporation actually that were accepted and are on file with the Secretary of State in California. Also our membership agreements which are a legally binding document were written by me. My friends mother who is a lawyer in the AG's office took to work and shared with her colleagues. She said it was perfect and bulletproof. She asked what law school I went too. The original drafts of that actually were based on prop 215 before the inclusion of regulatory agencies, dui provisions ect.

I probably don't know shit about marijuana laws though, you're right.

I'm only the first person since the Marihuana tax act of 1937 was legal to actually get the IRS to knowingly accept income the was openly declared for the production of cannabis...

 

[TruthOrLie]

Okay, we get it. You told on yourself to the Feds. They cashed you check. Its already legal because you smoked a joint behind a tree when a cop was nearby. Great.

Thanks for all the info.

All I asked was to tell me one instance where a law was passed that retroactively pardoned criminals.

Thanks again.

 

[JJScorpio]

I still can't quite grasp why ICmag would allow so many anti-19 individuals free reign to oppose progress so publically on THIS website.

If I went to a D.A.R.E. message board or one for mom's against drug use, I'm pretty sure my "This is how you grow dank ass weed" messages would be edited/removed.

Everybody is welcome to their own opinion. Some are for selfish reasons but some people feed their families and have legitimate reasons. Maybe if Cannabis growing was how I fed and clothed my family I might feel differently, although I'd like to think not.....

This site endorsed the Bill because we felt it was the right thing. And I'd like to think we were right. Although there were times I felt like it, lol, it wouldn't be right to hold someones opinion against them because it differs from us...... I still to this day can't understand why anyone wouldn't want to take that small step forward, but I'm trying to be open minded and understand why some feel differently.

It's best that we try and respect one anothers opinions and move forward in a positive direction.

 

[SCF]

Okay, we get it. You told on yourself to the Feds. They cashed you check. Its already legal because you smoked a joint behind a tree when a cop was nearby. Great.

Thanks for all the info.

All I asked was to tell me one instance where a law was passed that retroactively pardoned criminals.

Thanks again.

Sad part is, when Arnold signed in the D.U.I. changes one of them was to keep it on your DMV for 10 years vs 3. Creating it so if you got caught after 9 years a second time, it was a second offence charge. VS getting you record expunged automatically every 3 years like all other tickets. And that was retroactive! Law passed and two weeks later, people who got a dui 9 and half years ago. got caught again. and had to do a trial based on a second offence. But drinking and driving is a horrible thing, and these laws have cut down DRAMATICALLY, on the Drinking and driving accidents. Something the War On Drugs is winning... oh what, thats not considered a drug...

SCF

 

[Hammerhead]

Oregon had a prop for allowing dispensaries to sale cannabis to med users it failed

 

[Baba Ku]

Some might have seen passage of the measure to be a small step towards government control. I realize that many here may actually welcome government control of things in their lives, but others find it to be part of the original problem.

Quite honestly, the bill itself was poorly constructed and did not have the marketing behind it that is required when dealing with a very fickle and fucked up society.
You know, the government controls on alcohol are great things. Some states decided it would be a great thing to produce and sell only beer that has a 3.2% alcohol content. The collective mind of the government always knows best, yes? Surely they can improve pot the same way, aye?

Surely CA has it together though...Jerry "moonbeam" Brown, and Barbara Boxer...two great Americans that can't wait to help you out. Brilliant votes! No wonder CA is doing so well these days....
(fucking unbelievable)

 

[dagnabit]

I'm only the first person since the Marihuana tax act of 1937 was legal to actually get the IRS to knowingly accept income the was openly declared for the production of cannabis...

that is a blatant LIE

i personally know of several people who list "manufacture of cannabis" on their ss-4 and 1120-w forms..

and unless you did so prior to '88 you sure as fuck were not the first..

get back behind your tree

 

[dagnabit]

It's best that we try and respect one anothers opinions and move forward in a positive direction.

i dont respect the opinions of anyone who voted for 8 or against 19..

if you would deny others their rights for whatever convoluted reasoning you conjure up in your pea sized brain you cease to become human.
those who would subjugate others to their will deserve only the very worst thing in life.

 

[binaryfission]

I still can't quite grasp why ICmag would allow so many anti-19 individuals free reign to oppose progress so publically on THIS website.

If I went to a D.A.R.E. message board or one for mom's against drug use, I'm pretty sure my "This is how you grow dank ass weed" messages would be edited/removed.

This is the same logic that says.

They torture our troops why not torture theirs? Or they wouldn't build a church in mecca, why do we need a mosque at ground zero?

Because we aren't them. We are better than them. And we show it through actions like these.

 

[BigBudBill]

This is the same logic that says.

They torture our troops why not torture theirs? Or they wouldn't build a church in mecca, why do we need a mosque at ground zero?

Because we aren't them. We are better than them. And we show it through actions like these.

But we dont have to forget who said what. Any no voting dispensary owners/managers/workers want to man up and give us the name of their shop??

 

[BigBudBill]

i dont respect the opinions of anyone who voted for 8 or against 19..

if you would deny others their rights for whatever convoluted reasoning you conjure up in your pea sized brain you cease to become human.
those who would subjugate others to their will deserve only the very worst thing in life.

I'm with Dag on this.

 

[Strainhunter]

i dont respect the opinions of anyone who voted for 8 or against 19..

if you would deny others their rights for whatever convoluted reasoning you conjure up in your pea sized brain you cease to become human.
those who would subjugate others to their will deserve only the very worst thing in life.

Voting is one of the principles of Democracy.

Without getting technical here:

One of the definitions of Democracy is living with and accepting the outcome of elections.

Even if one is not willing to accept the outcome it still should be tolerated.

What I highlighted in your statement...is a very bad thing to even just think not to mention openly wish.


.

 

[Thomkal Vwalaa]

Prop 19 Backers Plan New MJ Legalization Effort

Prop 19 Backers Plan New MJ Legalization Effort

Back to the ground from the "clouds"

http://www.latimes.com/news/local/la-me-1104-pot-20101104,0,3100534.story

Supporters begin laying the groundwork for a new ballot initiative in 2012 after Tuesday's 54%-46% loss. Voters in 10 cities approve taxes on sales of medical and recreational pot.

Supporters of legalizing marijuana in California spent the day after the election laying the groundwork to rebound from their 54%-to-46% defeat and return to the ballot in two years.

"We have a debate that was just heard around the world, and the conversation has only just begun," said Dale Sky Jones, a spokeswoman for the Proposition 19 campaign.

Although California voters did not buy the argument that marijuana should be legalized like alcohol, many agreed that it should be taxed like it. Voters in 10 cities overwhelmingly approved taxes on sales of medical and recreational pot. On Wednesday, the Los Angeles City Council instructed the city attorney to draft a measure for the March ballot that would ask voters to approve a tax on medical marijuana.

In Santa Barbara and Morro Bay, voters rejected bans on dispensaries, while voters in Berkeley approved a plan to allow six commercial marijuana factories in the city's industrial zone.

Jones said the legalization campaign has made overtures to opponents and state lawmakers, and plans to try to push bills through the Legislature as well as draft a new measure aimed at the 2012 election.

"We see definite opportunities to break off bits and pieces of Prop. 19," she said, such as authorizing the commercial cultivation of hemp, the non-psychoactive variety of marijuana.

The campaign, which won endorsements from black and Latino organizations as well as from some major labor unions, plans to try to weld that support into a broad-based organization to press for changes in marijuana laws. "We don't have to start from scratch," Jones said.

Ethan Nadelmann, executive director of the Drug Policy Alliance, which worked to pass the initiative, said he believed the idea of legalizing marijuana was so new to voters that more money would not have made a difference. The campaign spent more than $4 million.

"It's been sort of a dry run because it's given people the opportunity to have the first go-round of conversations," he said.

Proposition 19 was the idea of Richard Lee, an Oakland medical marijuana entrepreneur who for most of the campaign was both the money man and the driving force.

The measure would have allowed cities and counties to approve commercial cultivation and retail sales of marijuana, as well as impose taxes. It also would have allowed adults 21 and older to grow up to 25 square feet of marijuana and possess up to an ounce.

Proposition 19 found its strongest support in the Bay Area, passing in San Francisco and four nearby counties. San Francisco voters were most supportive, favoring the measure, 65% to 35%.

The initiative also passed in the Central Coast counties of Monterey, San Luis Obispo, Santa Barbara and Santa Cruz, as well as in Alpine and Mono counties on the state's eastern border. Los Angeles County, home to a quarter of the state's voters, tilted 53% to 47% against the initiative.

john.hoeffel@latimes.com

That's why I live in the bay. The sanest place in America regarding Cannabis

 

[Thomkal Vwalaa]

Nor Cal celebrates 19's failure

Nor Cal celebrates 19's failure

And the other side: the NO on 19 jerks.

http://motherjones.com/mojo/2010/11/stoners-against-legalization-3-most-pot-friendly-counties-cali-reject-prop-19

Northern California's Humboldt County has long been considered the Napa Valley of marijuana. Stoners around the country speak admiringly of "Humboldt dank," Cypress Hill name-drops "Humble pound weed," and local grocery stores stock massive displays of odor-sealing "turkey bags" far beyond Thanksgiving. Populated by hippies who fled San Francisco a generation ago to get back to the land, Humboldt and adjoining Mendocino and Trinity Counties are known as the "Emerald Triangle" for the permissiveness of their pot laws and abundance of their "indo." So it might come as a surprise that all three counties on Tuesday rejected Proposition 19, a ballot measure that would have legalized marijuana statewide.

"There’s a large movement up here of people who realize that their self interest lies in keeping marijuana illegal," says Hank Sims, the editor of the North Coast Journal, based in the Humboldt town of Eureka. Growers in the Emerald Triangle's rugged hills and foggy redwood groves are shielded from the snooping eyes of the DEA, but that advantage would become a handicap if pot could be openly cultivated in California's warm, flat, agribusiness-dominated Central Valley. North Coast ganja growers "have got government-sponsored price control in the form of busts," Sims explains. "So I think a lot of people kind of cynically voted their pocketbook and voted to keep it illegal."

The real surprise is that cannabis cultivators convinced a majority of voters in the three counties (two of which strongly lean to the left) to side with them. "Our export product is weed, by and large," Sims notes. And in an isolated corner of the state where the timber and salmon fishing industries that once paid the bills long ago collapsed, people who aren't weed growers are mostly earning their keep by selling things like food, fertilizer and firearms to them. Sims explains: "This is the cornerstone of our economy."

Of course, the defeat of Prop 19 probably isn't enough to keep the Emerald Triangle forever awash in green. Cannabis aficionados already bypass the North Coast's outdoor weed in favor of designer strains with unique flavors and psychoactive effects that are most easily achieved indoors beneath expensive grow lamps. And while hydroponic pot now sells for about 50 percent more than the free-range variety, the price spread is dropping as indoor growers move out of closets and garages and into partnerships with major cities. This year, Oakland plans to authorize four industrial scale pot cultivation warehouses that may corner the market on low-cost, high-quality sensimilla.

Sims believes that the Emerald Triangle could still flourish in the weed world by becoming a destination for marijuana tourism—a place to take in a scenic pot farm and then relax with a joint at a pot-friendly spa. "But for that to happen," he says, the old growers “have to get out and hustle.” That means “they have to actually be in the system, where the whole appeal in the past was being out of the system. They have to suit up and go around with a sample case from club to club. And that’s going to be hard for people to put their head around."

Oh shit, that part about indoor over outdoor: you outdoor growers going to take that?