MMJ Regulation Coming To Cali??

[vta]

Bill To Oversee Medical Pot in Calif.


Source: United Press International

medical Sacramento -- A California assemblyman says he wants to propose a marijuana bill creating a state oversight program regulating all aspects of the medical marijuana industry.

Democrat Tom Ammiano of San Francisco said his proposal "omnibus cannabis bill" regulating the dispensaries of medical marijuana and all aspects of delivering the product to legal medicinal users.

Under current California law, medical marijuana dispensaries must run as non-profit "collectives" of registered medical marijuana patients who reimburse the establishments for their supply costs of pot.

But as The Sacramento (Calif.) Bee reported Sunday, California's medical marijuana industry provides the state's lagging economy with approximately $1.3 billion in transactions, paying out hundreds of millions of dollars in salaries, rent and overhead costs.

Ammiano said because attitudes towards the medical marijuana industry vary in California from city to city, the Legislature needs to clarify the rules. The dispensaries are welcomed in some places and raided in others.

"You can't just go in with guns and arrest people," said Lauren Vasquez, Silicon Valley director for Americans for Safe Access, a medical marijuana advocacy group.

"In the context of suspicion by law enforcement, I think we need a cohesive response," Ammiano said.

Sacramento attorney George Mull, who represents medical marijuana dispensaries in several California cities, argues the state should sanction a for-profit medical marijuana industry, saying that model could drive prices down ending confusion that triggers police raids.

But Cindy Besemer, the chief deputy district attorney in Sacramento County, said a for-profit distribution program is unlikely to be embraced by law enforcement.

"I certainly would say we don't believe in retail sales," she said. "That's drug dealing. I don't care how it comes down to it. That's what it is."

 

[vta]

California medical pot advocates call for statewide regulation

By Peter Hecht

Alarmed by a police backlash against pot dispensaries in some California cities, lawmakers and advocates for medical marijuana are calling for statewide regulation of medical cannabis stores and new laws to clarify rules under which they operate.

Additionally, some medical marijuana advocates are pushing lawmakers to consider regulations – similar to those in Colorado – that would permit medical marijuana providers to operate as for-profit businesses.

Currently, under California law, dispensaries providing medical marijuana must operate as nonprofit "collectives" of registered medical marijuana patients who reimburse dispensaries for the costs of providing medicinal pot.

But medical cannabis in California has boomed into an industry generating an estimated $1.3 billion in transactions and paying hundreds of millions of dollars in salaries, rent and overhead costs.

Authorities, looking for illicit profiteering, last year raided scores of dispensaries in San Jose and Chico and prosecuted medical marijuana providers in San Diego County. The district attorney in Los Angeles, Steve Cooley, branded a local boom in medical marijuana outlets as "storefronts illegally pushing pot."

Assemblyman Tom Ammiano, D-San Francisco, said he intends to introduce an "omnibus cannabis bill" to create a state oversight program to regulate medical marijuana dispensaries and all aspects of delivering marijuana to legal medicinal users.

Ammiano said the Legislature needs to clarify the rules due to the wildly divergent approaches towards dispensaries. They are embraced in some California cities and raided in others.

"In the context of suspicion by law enforcement, I think we need a cohesive response," Ammiano said.

Some medical pot advocates blame the raids on vague state laws that fail to define how dispensaries should account for cash flow, what they may pay in salaries and what constitutes illegal profits.

"Unfortunately 'profit' isn't defined," said Allison Margolin, a West Hollywood attorney specializing in marijuana cases. "And there is no definition of nonprofit."

The issue has played out dramatically in San Jose, where Santa Clara County arrested dozens of dispensary operators in raids seeking evidence of illegal profiteering.

One pot store operator was charged with felony money-laundering and possession of marijuana for sale. While no others have been charged, the raids stirred widespread protests among medical marijuana advocates.

"You can't just go in with guns and arrest people," said Lauren Vasquez, Silicon Valley director for Americans for Safe Access, a medical marijuana advocacy group.

New Santa Clara District Attorney Jeffrey Rosen, who took over last month, appears to be putting the brakes on the police crackdown. Rosen said he is awaiting updated guidelines from Attorney General Kamala Harris on state laws governing medical marijuana dispensaries.

Meanwhile, Rosen said, pot stores generally should be regulated through land use ordinances, not police actions.

"The voters of California have said they want sick people with documented medical conditions to be able to use marijuana to alleviate their symptoms," Rosen said. "The second thing is that the voters said that we don't want to legalize marijuana."

Sacramento attorney George Mull, who represents medical marijuana dispensaries in several California cities, is lobbying lawmakers to create a "California cannabis commission" to oversee marijuana stores statewide.

Marijuana outlets are treated as part of the urban fabric in Oakland and San Francisco.

Sacramento police consider them a low priority, but last week Sacramento County sheriff's narcotics officers raided a local dispensary, the Horizon Collective, alleging the operator illegally sold marijuana to people without medical recommendations. The Sheriff's Department also was investigating alleged profiteering at the dispensary. The dispensary claimed it was operating legally.

Mull said police raids will continue elsewhere as long as operators of some dispensaries are earning hundreds of thousands of dollars in pay and there are no state rules for bookkeeping or salaries.

"Should you make more money running a medical marijuana establishment than the governor of California?" he asked.

Mull is also advocating that California sanction a for-profit medical marijuana industry, arguing that a for-profit model will drive prices down and end confusion that can trigger police raids.

In Colorado, for-profit medical marijuana dispensaries pay licensing fees and are regulated by the state, with strict requirements for marijuana cultivation and security.

Cindy Besemer, the chief deputy district attorney in Sacramento County, said a for-profit distribution program is unlikely to be embraced by law enforcement.

"I certainly would say we don't believe in retail sales," she said. "That's drug dealing. I don't care how it comes down to it. That's what it is."

 

[vta]

Lets look at Mickey's take....


For Profit? Why not? But does CA really want to be CO?
http://cannabiswarrior.com/By Mickey Martin

At first the idea of a completely for-profit industry sounds very exciting. Some are dubbing Colorado’s effort to make this a reality the “epicenter of the cannabusiness world,” or the “hub of the marijuana industry.” While I think there is a great movement in Colorado and that the movement there has grown up rapidly, there are still some MAJOR issues to be worked out in the regulatory schemes being put forth by Statewide regulations and law. In the article below we hear a continued cry for reform of the State of California’s medical marijuana to reflect the true nature of the business- a dispensary versus the “collective and cooperative” nightmare that has left a lot to be desired in the terms of interpretation from both sides. While I am all for expanding the industry I can only hope that the proposed legislation includes input from the actual folks on the ground providing medicine and there is some real thought put in to what will ans will not work for the industry. My fear is that the backlash created by abuses in the system and perceived notions that the industry is out of control will result in heavy-handed regulation, like we are seeing in Colorado. Patient rights are being trampled in the name of security and the burden put on dispensary operators is pushing the industry back to the black market. Dispensaries must produce 70% of their own medicine and can sub-contract meds from other licensed dispensaries or providers. The word on the street is that many small batch growers cannot afford the licensing fees or necessary equipment to be licensed and are being pushed out of the market. This is a major concern, as the industry has developed from the hard work of these small batch producers. We cannot allow for regulation to trample reality. While there is a need for regulation in some areas, allowing for fear to win the day and for overly burdensome requirements on supply and security to crush the industry as we know it is not what any of us want. Because it is a MEDICAL industry there is a certain standard of safety and quality assurance to be considered, but making the process too difficult will surely create the haves and have-nots and the have-nots will take their goods back to the streets. Is this what we want? No. Let us break down this story and get a closer look at what they are talking about:

California medical pot advocates call for statewide regulation

By Peter Hecht

Alarmed by a police backlash against pot dispensaries in some California cities, lawmakers and advocates for medical marijuana are calling for statewide regulation of medical cannabis stores and new laws to clarify rules under which they operate.

CW: For the record, passing 19 would have solved a lot of these issues by default. But I digress….I would like to see a more clearly defined proposal that “calling for statewide regulation of…stores.” Of course I believe the industry needs clarification, but do not forget that the ambiguity of State law has also allowed this industry to blossom to where we are. Without a clear approach to what this looks like I think some of these “advocates” could be in for more than they bargained…..set a course.

Additionally, some medical marijuana advocates are pushing lawmakers to consider regulations – similar to those in Colorado – that would permit medical marijuana providers to operate as for-profit businesses.

CW: While I do like the free-market principles of the current Colorado market, we are just beginning to see how the statewide regulations are going to work. In fact, the bulk of that is not even set to take hold until March so WHY ARE WE PUSHING FOR SIMILAR REGS if we do not even know what that looks like in CO? From what I have heard, there are some real issues to be worked out.

Currently, under California law, dispensaries providing medical marijuana must operate as nonprofit “collectives” of registered medical marijuana patients who reimburse dispensaries for the costs of providing medicinal pot.

But medical cannabis in California has boomed into an industry generating an estimated $1.3 billion in transactions and paying hundreds of millions of dollars in salaries, rent and overhead costs.

CW: It is undeniable that the industry cannot get by on the unclarity of what is a collective and who is a cooperative and what is a reasonable salary forever….

Authorities, looking for illicit profiteering, last year raided scores of dispensaries in San Jose and Chico and prosecuted medical marijuana providers in San Diego County. The district attorney in Los Angeles, Steve Cooley, branded a local boom in medical marijuana outlets as “storefronts illegally pushing pot.”

It is funny that none of these renegades seem to have really pushed the envelopes on these idle threats thus far. Cooley’s own words and terminologies show that he is nothing but a low-life thug looking to bust some punks for a safe and effective natural plant.

Assemblyman Tom Ammiano, D-San Francisco, said he intends to introduce an “omnibus cannabis bill” to create a state oversight program to regulate medical marijuana dispensaries and all aspects of delivering marijuana to legal medicinal users.

CW: Tom Ammiano seems to listen to some of the leaders in our community and hopefully he will consider more clearly the ramifications of his legislation, unlike some of the knee-jerk lawmakers in Colorado have done. We can only hope. And even if Tom does a great job of defending patent rights in his proposed Bill, legislative committees can gut it or compound it greatly, so stay tuned.

Ammiano said the Legislature needs to clarify the rules due to the wildly divergent approaches towards dispensaries. They are embraced in some California cities and raided in others.

“In the context of suspicion by law enforcement, I think we need a cohesive response,” Ammiano said.

CW: Yes, Tom. “A cohesive response” would be nice, especially if it were a response that considered patient rights and convenience over the law and order aspects. Installing a system that un-levels the playing field is not a good option, so please fight hard for our rights, Tom. Please surrender nothing in the name of fear and misinformation.

Some medical pot advocates blame the raids on vague state laws that fail to define how dispensaries should account for cash flow, what they may pay in salaries and what constitutes illegal profits.

“Unfortunately ‘profit’ isn’t defined,” said Allison Margolin, a West Hollywood attorney specializing in marijuana cases. “And there is no definition of nonprofit.”

Profit: The positive gain from an investment or business operation after subtracting for all expenses. opposite of loss.

CW: That seems clear enough, but there is some unclarity as to reasonable salary, and how an organization is supposed to deal with income holdings. My recollection was that if excess income was the property of the collective it was good. If it went into the bank account (or shoebox) of the dispensary operator above their normal pay rate that was a “profit.”

The issue has played out dramatically in San Jose, where Santa Clara County arrested dozens of dispensary operators in raids seeking evidence of illegal profiteering.

One pot store operator was charged with felony money-laundering and possession of marijuana for sale. While no others have been charged, the raids stirred widespread protests among medical marijuana advocates.

“You can’t just go in with guns and arrest people,” said Lauren Vasquez, Silicon Valley director for Americans for Safe Access, a medical marijuana advocacy group.

CW: Uh…yeah they can. That is why they do. It is not the norm in civil business matters, but marijuana is not quite a normal civic matter as of yet. Its history in failed prohibition is hard for these enforcers to let go of….

New Santa Clara District Attorney Jeffrey Rosen, who took over last month, appears to be putting the brakes on the police crackdown. Rosen said he is awaiting updated guidelines from Attorney General Kamala Harris on state laws governing medical marijuana dispensaries.

CW: Me too. C’mon, Kamala. Get to work. It only took Jerry Brown a couple of years to put his guidelines out. I am holding my breath in anticipation.

Meanwhile, Rosen said, pot stores generally should be regulated through land use ordinances, not police actions.

“The voters of California have said they want sick people with documented medical conditions to be able to use marijuana to alleviate their symptoms,” Rosen said. “The second thing is that the voters said that we don’t want to legalize marijuana.”

CW: I am not sure that is what they said. I think they said they did not want to make Prop. 19 law. That is very different. All recent data and poling show Californians do want to legalize marijuana by a majority. The confusion is in how that happens.

Sacramento attorney George Mull, who represents medical marijuana dispensaries in several California cities, is lobbying lawmakers to create a “California cannabis commission” to oversee marijuana stores statewide.

CW: Whoever is represented by him is retarded. George Mull is working to make access MORE difficult so his clients can continue to reap the benefits of a limited market.

Marijuana outlets are treated as part of the urban fabric in Oakland and San Francisco.

Sacramento police consider them a low priority, but last week Sacramento County sheriff’s narcotics officers raided a local dispensary, the Horizon Collective, alleging the operator illegally sold marijuana to people without medical recommendations. The Sheriff’s Department also was investigating alleged profiteering at the dispensary. The dispensary claimed it was operating legally.

CW: I did not know our law enforcement had the resources to investigate such petty offenses. I guess I was wrong…

Mull said police raids will continue elsewhere as long as operators of some dispensaries are earning hundreds of thousands of dollars in pay and there are no state rules for bookkeeping or salaries.

CW: Here is a person who is supposed to represent dispensary interests making blanket statements accusing operators of bad behavior and cheating the system. Shame on you, Mull. If you got names then grow a sack of nuts and name them; but to blast an entire group of mostly good operators with your baseless accusations in the press is unacceptable. Fucking coward….

“Should you make more money running a medical marijuana establishment than the governor of California?” he asked.

CW: This rhetorical RED HERRING is so off-base I do not know where to begin. Should a person who runs a website make more than the Governor? Or for that matter enough to spend $140 million to be Governor? Most people do not get into the public service arena at the level of Governor because they need the fucking money, George. This is why they spend FAR MORE to get elected than they make from the job. I look at it like they looked at Babe Ruth when he signed his first contract making more than The POTUS. He said, “I had a better year.” It is un- American to dictate these terms and it is a weak argument to build by comparing it to the Governor. Should there be a reasonable limit? Maybe. But since when do we punish success in this Country? And who the fuck do you think these statements are helping, Mull?

Mull is also advocating that California sanction a for-profit medical marijuana industry, arguing that a for-profit model will drive prices down and end confusion that can trigger police raids.

CW: So on one hand there should be non-profit controls but on the other hand there shouldn’t…HUH? Hey, Jackass……you do know that Prop 19, the one you campaigned to derail as a “patient” and as an “attorney”…the one you worked tirelessly to defeat- would have put an end to this discriminatory bullshit? It is obvious that your argument is baseless and scripted by the money behind your efforts.

In Colorado, for-profit medical marijuana dispensaries pay licensing fees and are regulated by the state, with strict requirements for marijuana cultivation and security.

Cindy Besemer, the chief deputy district attorney in Sacramento County, said a for-profit distribution program is unlikely to be embraced by law enforcement.

CW: DUH…when has law enforcement ever embraced ANYTHING?

“I certainly would say we don’t believe in retail sales,” she said. “That’s drug dealing. I don’t care how it comes down to it. That’s what it is.”

CW: If you don’t believe in retail sales for medicine then quit going to the Pharmacy, drugstore, or even 7-11to get your Nyquil. Make it yourself or have a friend make it for you. I do not care how sick you are. “Drug dealing” is an illegl activity that happens in parking lots, backseats of cars, street corners and crackhouses. A licensed and regulated dispensary is a taxpaying and job creating organization. Get over yourself, Cindy Bessmer. The people have spoken….several times.

 

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"I certainly would say we don't believe in retail sales," she said. "That's drug dealing. I don't care how it comes down to it. That's what it is."

Hmmm, I wonder when they're going to start raiding the CVSs and Walgreen's?

 

[spurr]

That is what I have always thought, too. Why is it that it's OK to sell dangerous prescription narcotics for-profit, but not cannabis? I think the difference is in who does the selling: big corporations with lots of money slinging lobbyists verses the much less well off and less connected cannabis industry and non-profits.

I think it's total BS for anyone to claim cannabis dispensaries/collectives should only be non-profit. It's not only hypocritical if they have ever bought a prescription narcotic, but it's hindering the maturation/advancement of the industry and the use of cannabis as medicine...