Ammiano to Introduce Legislation Monday to Allow Pot -- and Tax It

[FreedomFGHTR]

now tell me how this is any different than what we have now

(b) Except as authorized by law, every person who possesses,
while driving a motor vehicle upon a highway or on lands, as
described in subdivision (b) of Section 23220, not more than one
avoirdupois ounce of marijuana, other than concentrated cannabis
as defined by Section 11006.5 of the Health and Safety Code, is
99
AB 390 — 38 —
guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100

Sounds like the samething we have now. Most people get caught in traffic stops. Usually with less than an ounce and if the cop is a dick you get a $ticket. I don't see how this changes anything since they are still making possession illegal.

 

[FreedomFGHTR]

More wolfs in sheeps clothing bullshit from this bill

SEC. 19. Section 11703 of the Health and Safety Code is
amended to read:
11703. As used in this division:
(a) “Marketing of illegal controlled substances” means the
possession for sale, sale, or distribution of a specified illegal
99
AB 390 — 30 —
controlled substance, and shall include all aspects of making such
a controlled substance available, including, but not limited to, its
manufacture.
(b) “Individual user of an illegal controlled substance” means
the individual whose use of a specified illegal controlled substance
is the basis of an action brought under this division.
(c) “Level 1 offense” means the possession for sale of less than
four ounces or the sale or furnishing of less than one ounce of a
specified illegal controlled substance, or the cultivation of at least
25 plants but less than 50 plants, the furnishing of more than 28.5
grams, or the possession for sale or sale of up to four pounds, of
marijuana.
(d) “Level 2 offense” means the possession for sale of four
ounces or more but less than eight ounces of, or the sale or
furnishing of one ounce or more but less than two ounces of, a
specified illegal controlled substance, or the cultivation of at least
50 but less than 75 plants, the possession for sale of four pounds
or more but less than eight pounds, or the sale or furnishing of
more than one pound but less than five pounds, of marijuana.
(e) “Level 3 offense” means the possession for sale of eight
ounces or more but less than 16 ounces of, or the sale or furnishing
of two ounces or more but less than four ounces of, a specified
illegal controlled substance, or the cultivation of at least 75 but
less than 100 plants, the possession for sale of eight pounds or
more but less than 16 pounds, or the sale or furnishing of more
than five pounds but less than 10 pounds, of marijuana.
(f) “Level 4 offense” means the possession for sale of 16 ounces
or more of, or the sale or furnishing of four ounces or more of, a
specified illegal controlled substance, or the cultivation of 100
plants or more of, the possession for sale of 16 pounds of, or the
sale or furnishing of more than 10 pounds of, marijuana.
(g) “Participate in the marketing of illegal controlled substances”
means to transport, import into this state, sell, possess with intent
to sell, furnish, administer, or give away, or offer to transport,
import into this state, sell, furnish, administer, or give away a
specified illegal controlled substance. “Participate in the marketing
of illegal controlled substances” shall include the manufacturing
of an illegal controlled substance, but shall not include the purchase
or receipt of an illegal controlled substance for personal use only.

SEC. 7. Section 11357 of the Health and Safety Code is
amended to read:
11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by
imprisonment in the county jail for a period of not more than one
year or by a fine of not more than five hundred dollars ($500), or
by both such fine and imprisonment, or shall be punished by
imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses
not more than 28.5 grams of marijuana, other than concentrated
cannabis, is guilty of a misdemeanor and shall be punished by a
fine of not more than one hundred dollars ($100).

This bill is not what they want you to think it is... sadly it falls very short. No change in penalties.

 

[FreedomFGHTR]

But wait there is a good part...

11726. (a) Unlawful cultivation of marijuana is an infraction,
punishable by a fine of up to one hundred dollars ($100).

Hrmmm if thats the only penalty for growing without a $5k licence it means all the license requirements are crap.

and medical growers are still tax exempted

(a) “Marijuana” includes all marijuana, concentrated cannabis,
and their derivatives, except that marijuana containing less than
one-half of 1 percent tetrahydrocannabinol by weight is not subject
to this supplemental fee. However, no fee shall be imposed under
this part on marijuana used medicinally with a doctor’s
recommendation as specified in Section 11362.5 of the Health and
Safety Code.

hrmmm so then med clubs could stay open and offer discounted pot to medical patients since they don't have a $50 per ounce tax.

 

[dongle69]

After reading it, this bill is obviously geared toward big business/corporations taking over.
I would prefer a simple decriminalization.

 

[VirginHarvester]

After reading it, this bill is obviously geared toward big business/corporations taking over.
I would prefer a simple decriminalization.

That would be a real shame if it were decriminalized only if you were buying through corporate/government channels. I want to grow my own and I'd pay for it.

But let me as you all this, how would this bill help all the other states. That is, just because one state goes this direction doesn't mean all will, right? It could still take years and years for this to happen country wide.

And if this were adopted nationwide state by state, what happens to people growing without license, selling without license or what prevents them from cheating the government(sounds funny to say nowadays huh?)? But it's a fair question. There has to be pretty stiff laws against people circumventing any system set out to regulate it, which means then that MJ continues to be a serious matter legally as a lot of people won't play by the rules.

 

[mr noodles]

there some hypocrisy in discussing the price of weed . 10 plants should be enough for a medicinal and a recreative smoker . considering a drop in prices as something armful mean one thing:you sell marijuana for legit motive or just for cash .otherwise you would not care if marijuana price/value drop to 0 $ per oz .if you buy your weed , a price drop will be welcome ...i doubt that icmag members buy their weed at 250-400 $ per oz .

marijuana should cost nothing and be free .

 

[DonkDBZ]

Growing good seedless outdoors and even indoors would become a lot harder if The law Passed. Think of all the POLLEN from all the people trying to grow but not knowing how to sex a plant or what a hermie was. If Big business tried to take over and someone got pissed you could just drive by their filed with the crappiest male you could find and seed there whole crop. To grow in a greenhouse you would need a sterile chamber just to enter so you don't mess up your own crop by rogue pollen.

The companys making really good air filters might get a nice surge in business.

The beastie boys song sabataoge comes to mind. I could see it now you and a neighbor get in a arguement so to get him back. Late at night you through a male at his 9 foot tall bush he has been working on for 5 months.

 

[dongle69]

marijuana should cost nothing and be free .

Everything should cost nothing and be free and we can all hang out in the hot tub.

 

[bentom187]

im in mass,but good luck cali. i do think they should tax it 50 an ounce is crazy. they should just pay state sales tax like everything else like up here its 5% so if it cost 120 a O its gonna be 6 bucks,thats fair cause they dont charge you 50 bucks a keg in taxes the other industries would have a advantage.but if we leagalize it and tax it i would still grow my own

 

[Hydro-Soil]

there some hypocrisy in discussing the price of weed . 10 plants should be enough for a medicinal and a recreative smoker . considering a drop in prices as something armful mean one thing:you sell marijuana for legit motive or just for cash .otherwise you would not care if marijuana price/value drop to 0 $ per oz .if you buy your weed , a price drop will be welcome ...i doubt that icmag members buy their weed at 250-400 $ per oz .

marijuana should cost nothing and be free .

First and foremost they need to change this to read CANNABIS, not fucking marijuana. Sorry but we'll never get this changed until we can all call it cannabis again. The M-word just brings up soooooo much bullshit propaganda think that it's really better if it never graces the ears of anyone again.

I pay $400/oz right now for my medical cannabis. This bill would allow me to be unrestricted in my medical grow to grow what I need. Right now I'm restricted to 6 flowering and what....12 total? That's been a difficult challenge for most growers from day one. I can work with it just fine now, but I never would have been able to as a noob.

As a medical patient, I'll take this bill right now, as it stands. Even if I wasn't a medical patient, dropping all the prison time for a $100 fine for getting caught growing when you're not supposed to?

Hammer legislators to get this passed toot-sweet!

 

[FreedomFGHTR]

I pay $400/oz right now for my medical cannabis. This bill would allow me to be unrestricted in my medical grow to grow what I need. Right now I'm restricted to 6 flowering and what....12 total? That's been a difficult challenge for most growers from day one. I can work with it just fine now, but I never would have been able to as a noob.

As a medical marijuana patient you are not restricted by the State of California as to the number of plants you can grow.

It's discussed in this thread
http://www.icmag.com/ic/showthread.php?t=108690

So that argument doesn't hold water. Plus under ab 390 it says people would be allowed to only grow 10 plants with out a license. Plus the bill DOES NOT remove marijuana/cannabis from health and safety code laws classifying it as a controlled substance in California. Read the bill closer. This bill while it might have the right spirit it has the wrong intent. Plus look at where the tax money is going. Its not going to the general fund to help with schools, hospitals, roads, ect...its going to pay for anti drug programs.

 

[Hydro-Soil]

As a medical marijuana patient you are not restricted by the State of California as to the number of plants you can grow.

It's discussed in this thread
http://www.icmag.com/ic/showthread.php?t=108690

Every listing I've found that states the limits in MY COUNTY are the same as what was in SB420. My county has NOT changed anything.
Yes, I'm stuck with 12 plants max.
(because it's a crap-shoot as to whether local law enforcement is going to be able to make it stick, I stick to the numbers my county states. It's too iffy for me to even consider anything else. If you're single and live by yourself and don't mind some jail time while the courts settle everything, by all means go ahead and grow over 12 plants in MY COUNTY.)

 

[FreedomFGHTR]

Every listing I've found that states the limits in MY COUNTY are the same as what was in SB420. My county has NOT changed anything.
Yes, I'm stuck with 12 plants max.

Ok for the millionth fucking time.... (I even changed my sig for this)

The CALIFORNIA 3rd district court of appeal ruled that the plant limits set forth in SB 420 are unconstitutional.

The case can be found here
http://www.courtinfo.ca.gov/opinions/revpub/C056881.PDF

We
therefore hold that the provision in the Medical Marijuana
Program Act imposing numerical limits on the amount of dried
marijuana that can be possessed and the number of marijuana
plants that can maintained (§ 11362.77, subd. (a)) is an
unconstitutional amendment to the Compassionate Use Act.

So your county can go suck pig dick because their arbitrary limits for medical marijuana patients are illegal.

 

[IE2KS_KUSH]

Ok for the millionth fucking time....

The CALIFORNIA 3rd district court of appeal ruled that the plant limits set forth in SB 420 are unconstitutional.

The case can be found here
http://www.courtinfo.ca.gov/opinions/revpub/C056881.PDF


So your county can go suck pig dick because their arbitrary limits for medical marijuana patients are illegal.

Yes! LOl!
You should make that your signature! That being said, prop 215 is still and would still be the law, and applicable if you have/had a valid doctors recommendation. So this would not necessarily affect you if you are a MMJ user, correct? This would just make for alot more confusion possibly.
But I think PharmaCan hit it on the head, let's not put the cart before the horse, let's see if it even gets a vote.
I am gonna put my money on "Don't hold your breathe!"

 

[On The BBC]

Read real fucking closely... grows without licenses will be limited to 10 plants..

Jeezus Christ. I live in a State that sounds like heaven to me. Some of you are freaking spoiled, and I'm jealous.

 

[Blue Dot]

Ok for the millionth fucking time.... (I even changed my sig for this)

The CALIFORNIA 3rd district court of appeal ruled that the plant limits set forth in SB 420 are unconstitutional.

The case can be found here
http://www.courtinfo.ca.gov/opinions/revpub/C056881.PDF
So your county can go suck pig dick because their arbitrary limits for medical marijuana patients are illegal.

Do you have a link to where someone in san diego county successfully used this "prescedent"?



didn't think so

 

[FreedomFGHTR]

Do you have a link to where someone in san diego county successfully used this "prescedent"?



didn't think so

I'm sorry that superior courts in california don't automatically upload transcripts to the internet. But you obviously don't understand how the legal system works. Here is a brief run down...

a law gets passed
person has a problem with that law
person goes to court because of that law
if superior court rules against person he can file an appeal
appeals court judges review documents and transcripts of the case
judges decide applicability (constitutionality of law if brought up in grounds for appeal) of the law. If appeals court rules that the superior court made an error in its ruling it grants the appeal, the decision is published in law journals. All superior courts have to go by the predecent issued by the appeals court, unless state supreme court overturns the decision, which they won't because no defendent will reach supreme court on the issue of being a medical patient and the plant limits.

interesting side note... a friend of mine who is a journalist is going to be interviewing Ammiano tommorow about this bill.

 

[hydromaddicted]

Ok for the millionth fucking time.... (I even changed my sig for this)

The CALIFORNIA 3rd district court of appeal ruled that the plant limits set forth in SB 420 are unconstitutional.

The case can be found here
http://www.courtinfo.ca.gov/opinions/revpub/C056881.PDF
So your county can go suck pig dick because their arbitrary limits for medical marijuana patients are illegal.

O.K. Mr Lawyer, Stop Intepreting The Laws As You See Fit Your Giving Out Super Bad Gonna Get Someone In Deepshit Info

 

[FreedomFGHTR]

O.K. Mr Lawyer, Stop Intepreting The Laws As You See Fit Your Giving Out Super Bad Gonna Get Someone In Deepshit Info

Hrmmm... I don't see which law I interpreted. I merely provided information on how the CALIFORNIA 3rd District COURT OF APPEALS interpreted the law. And their interpretation of a law, is the law unless overridden by the state supreme court. And this was only because someone was under the impression that SB 420 limits still mattered, and they thought that Ab 390 would lift those limits that actually aren't enforceable anymore.

Worst case scenario is someone grows a bunch of plants, cops find out, take em to court, grower has a decent lawyer who looks up case law. Defendent wins on the basis of case law.

Once again I didn't interpret the law... the fucking state courts have. And I have never claimed to be a lawyer or other legal representative for anyone (except myself a few times).

 

[Hydro-Soil]

Worst case scenario is someone grows a bunch of plants, cops find out, take em to court, grower has a decent lawyer who looks up case law. Defendent wins on the basis of case law.

The only way you can "Win" in this situation is if you're single, don't have a freaking thing to do with your time but sit in jail while the courts work things out.

A decent attorney? If I could afford a decent attorney I wouldn't be growing my F'n smoke!


Please think things ALL THE WAY THROUGH before telling someone they're dumb to worry about a legal issue. Most of us can't even afford a 20 minute interruption in our family lives, let alone a ransacked house and jail time plus attorney fees.