TheBongPlace: The Marijuana Blog

State Assemblyman Tom Ammiano (D-San Francisco) introduced legislation this week to legalize and regulate the commercial production and sale of cannabis for adults age 21 or over. The proposal - Assembly Bill 390: The Marijuana Control, Regulation and Education Act - is the first bill ever to be introduced in the California legislature that seeks to tax and control the sale of cannabis.

Ammiano introduced AB 390 at a press conference Monday. Joining the assemblyman in support of the measure were Betty Yee, Chairwoman of the California Board of Equalization (Taxation), Oakland City Council member Rebecca Kaplan, Orange County Superior Court Judge James P. Gray (retired), and Dale Gieringer, Coordinator of California NORML, which provided legislative text and financial analysis for the bill.

“With the state in the midst of an historic economic crisis, the move toward regulating and taxing marijuana is simply common sense,” Ammiano said. “This legislation would generate much needed revenue for the state, restrict access to only those over 21, end the environmental damage to our public lands from illicit crops, and improve public safety by redirecting law enforcement efforts to more serious crimes. California has the opportunity to be the first state in the nation to enact a smart, responsible public policy for the control and regulation of marijuana.”

Local news anchors from CBS, ABC, NBC, and PBS television covered the press conference. National stories regarding Ammiano’s bill have appeared in USA Today, as well as on Air America and CNN.

As introduced, AB 390 would raise over $1.3 billion in annual revenue by taxing the retail production and sale of marijuana, according to financial estimates provided by the California Board of Equalization. An economic analysis by California NORML estimates that a legal, statewide retail market for cannabis could generate additional revenues totaling some $12 to $18 billion dollars per year.

The noncommercial cultivation of marijuana for personal use - defined as ten plants or fewer - would not be subject to taxation under the proposal. In addition, AB 390 would not alter existing legislation on the use of medicinal cannabis, nor would it impose new taxes or sanctions on the medical cultivation of cannabis.

A recent Zogby poll of 1,053 likely voters, commissioned by California NORML and Oaksterdam University, reported that nearly six out of ten respondents on the west coast favor taxing and legally regulating cannabis like alcohol.

“This bill is a winning proposition for California taxpayers,” Gieringer said. “It’s time that California stops wasting resources trying to enforce marijuana prohibition, and instead realizes the tax benefits derived from a legal, regulated cannabis market.”

There is an initiative in the works that could end up on the November ballot that allows for marijuana to be sold to anyone, and anywhere that already sells alcohol. Its being called The Inalienable Rights Enforcement Initiative. From the full text of the measure:

This initiative will amend the Constitution of California to defend and safeguard the inalienable rights of the People against infringement by governments and corporations, providing for the lawful growth, sale, and possession of marijuana. Marijuana will be taxed through a system of stamps and licenses–a $5 stamp will be required for the sale of an eighth ounce of marijuana and a $50 annual license will be required for the growth of one marijuana plant. To protect participants and encourage participation in the system, such licenses and stamps will be available anonymously in stores where marijuana is sold.

So instead of getting some quack doctor to give you a prescription for $100 because of your supposed “anxiety” or alleged “insomnia”, you will just pay an extra tax each time you buy yourself another 8th.

Aside from allowing all willing adults to be able to buy weed easily, this initiative will start to generate revenue for California, and stimulate our struggling economy. More weed stores means more jobs for Californians, more taxes to be collected, and more people enjoying better weed. And finally marijuana will be put into the same file as Alcohol and Cigarettes where it belongs, instead of it being equated with crack-cocaine and heroine.

The initiative goes on to say why they believe this to be a necessary measure:

We also hold these truths to be self-evident-That, as an intoxicant, marijuana is far less harmful to the health and safety of the People than alcohol–That, as a smoking substance, marijuana is far less addictive or harmful to the health of the People than tobacco–That, even though alcohol is harmful to the health and safety of the People, the prohibition of alcohol from 1920 to 1933 only increased the harms associated with alcohol use: criminals seized control of the alcohol market, crime and violence increased greatly, and poverty, unemployment, and corruption flourished, while otherwise lawful alcohol drinkers were treated as “criminals” subject to detention, arrest, and incarceration, even though they had not harmed the rights of anyone–That, as with alcohol prohibition, the prohibition of marijuana has only increased the harms associated with the use of marijuana: criminals control a multi-billion dollar market, crime and violence have increased greatly, and poverty, unemployment, and corruption flourish, while otherwise law-abiding marijuana smokers are treated as “criminals” subject to detention, arrest, and incarceration, even though they have not harmed the rights of anyone-That the history of marijuana prohibition is a history of repeated injuries and infringements upon the inalienable rights, powers, and best interests of the People.

Fuck Yes! Preach on, brothers! They go on to point out that alcohol, tobacco, and big-pharma lobbyists have the politicians that are supposed to represent the People in their back-pockets and serving the interests of the alcohol, tobacco, and big-pharma industries.

Despite the harms of marijuana prohibition, politicians persist in imposing and upholding marijuana prohibition, because these politicians are not working for the People–they are working for the corporate executives who financed their campaigns, such as corporate executives in the alcohol industry who want to protect their monopoly on intoxication, corporate executives in the tobacco industry who want to protect their monopoly on smoking, corporate executives in the pharmaceutical industry who want to protect their monopoly on expensive medicines, and corporate executives in the many industries threatened by competition with hemp. These corporate executives pull the strings of the government to perpetuate marijuana prohibition despite its harms, because they do not care about the inalienable rights and best interests of the People–they care about taking as much money from the People as possible. These corporate executives also use their control of the mainstream media to make it seem like marijuana prohibition is a failed attempt to serve the interests of the People, censoring the idea that marijuana prohibition is a successful attempt to serve corporate interests at the expense of the People. For these corporate interests, politicians sacrifice the inalienable rights and best interests of the People. This corruption and corporate influence is worse at the national level, where the People can least afford political influence and the media is most effective at manipulating public debate. Because of this corruption, it is futile for the People to turn to the federal government for protection–because the federal government is the source of the harm. The repeated attempts by the People to reduce the harms of marijuana prohibition have been answered only by repeated injury. The harm from marijuana prohibition is ongoing and the need for relief is urgent. Such is the suffering of the People, and such is the necessity that constrains us to alter our former systems of government. A government with a character marked by every act that defines a tyrant is unfit to be the ruler of a free people. Therefore, appealing to humankind for the rightness of our intentions

They need 694,354 signatures by September, 5, 2008. I think it’s totally do-able. Its been over a decade since Proposition 215, the Compassionate Use Act of 1996, was passed with over 5 million votes in favor.

So 12 years later… are we more or less tolerant of recreational use of marijuana? For now, we’ll have to wait and see.

Via LAist

On-going medical marijuana busts through-out Mendocino County have been arresting local residents daily. I was one of five busts made and charged with two felonies (cultivation and intent to sell/distribute) last Friday, February 20, 2009, even though I had my doctor recommendation and was growing with the guidelines published at the Mendocino county web site.
My name is Laurel Krause. Last Friday (2/20/09) as I looked out my kitchen window I was shocked to see 25 Mendocino County Sheriffs/Deputies coming through my gate very quickly. The lead man, Sheriff (don’t know deputy, or what class) Jonathan Martin, showed me a search warrant, hand cuffed me and read me my rights. I was cooperative (I actually cried and begged for mercy, but that didn’t work) as they searched my home, my grow area on my five acres (behind my locked gate–so no probable cause) and seized all grow equipment related to 24 medical marijuana plants in full bloom. They chopped down the plants and hauled them away as I was being grilled and bullied in my home. This number is significant because if you google the Mendocino County Sheriff’s web page on MedMari guidelines it says 25 plants. You are probably aware of the ‘fuzziness’ of these guidelines. I have a recommendation from my doctor to allow me to grow med marijuana. They charged me with two felony counts, one for marijuana cultivation and another for intent to sell/distribute, carted me to Ukiah, CA to jail in handcuffs.

It gets worse. I was the #4 bust of 5 that day (Friday, Feb 20) and the guys let us know that they had five more for Saturday (yesterday) and five more on Sunday (TODAY!). Not individuals, but actual grows that might arrest multiple people. And most of the growers are women with kids (so now the children are possibly being taken away and bank accounts frozen). Real emotional and economic despair.

As I met others that were arrested in Ukiah, the county seat to jail (never before, first offense for everything for me) I learned they were my neighbors and not one had a ‘commercial’ size grow. So this Mendocino County Sheriff’s dept sweep is coming up short as the take is not producing the kind of busts they claim they are after (i.e commercial, 500 plants & up), unenvironmental grows that scar the land (we all grow organic), we all have our recommendations that we paid for and actually care about the quality of medicine we are growing (it’s in the past for me now).

I am in shock, but then I started getting mad yesterday. What is motivating this gestapo situation all of the sudden? DA Meredith Lintott or Sheriff Allman? NeoCons?

I keep to myself mostly so did not hear about this happening all over the county of Mendocino. Furthermore, most growers don’t let others know their business so as not to get busted. I’m coming forth as I have nothing to loose and I’m not backing down. I am a little afraid that if this doesn’t become a big story that I might be unsafe though……….so bust this story wide open. Help us in Mendo!!!

Since getting busted, I’ve learned that they were up and down my street (just outside Fort Bragg city limit, so in Mendocino County) busting and getting this sweep in order over the last month and logging on the computer even (wish I had known!). That they have also had busting sweeps in the towns of Covelo, Ukiah, Willits…….all within Mendocino county.

I’m sure you’re asking what is motivating me to come to you. This is truly an American story of our time right now, a devestating economic massacre for us personally and it has county-wide ramifications as at least 70% of the Mendocino economy is based on growing marijuana. Maybe even California as it’s the state’s largest crop. During these times of extreme economic hardship and 10% unemployment in Ft. Bragg, it just doesn’t make any sense to be busting and criminalizing tax-paying citizens, my neighbors and me operating within state and county guidelines.

We are considering moving forward with a class-action suit. I have calls out.

I am sounding this alarms as far and wide as I can. Please feel free to forward this to any of your interested colleagues. I hope to hear from you.

Sincerely,

Laurel Krause

Assemblyman Tom Ammiano will announce legislation on Monday to legalize marijuana and earn perhaps $1 billion annually by taxing it.

Quintin Mecke, Ammiano’s press secretary, confirmed to SF Weekly that the assemblyman’s 10 a.m. Monday press conference regarding “new legislation related to the state’s fiscal crisis” will broach the subject of reaping untold — and much-needed — wealth from the state’s No. 1 cash crop.

Mecke said Ammiano’s proposed bill “would remove all penalties in California law on cultivation, transportation, sale, purchase, possession, or use of marijuana, natural THC, or paraphernalia for persons over the age of 21.”

The bill would additionally prohibit state and local law officials from enforcing federal marijuana laws. As for Step Two — profit — Ammiano’s bill calls for “establishing a fee on the sale of marijuana at a rate of $50 per ounce.” Mecke said that would bring in roughly $1 billion for the state, according to estimates made by marijuana advocacy organizations.

article by Joe Eskenazi

There still seems to be a lot of confusion with growing medical marijuana in the states, the growing laws seem to vary significantly.

To make things more confusing we need to consider state and federal law as well.

San Francisco was considered to be a safe state for medical marijuana growers. Unfortunately Stephanie Lander has been sentenced to 41 months for growing medical marijuana in San Francisco.

Stephanie was under the impression she had approval from the police to grow medical marijuana in San Fransisco, to help people with a range of illnesses.

Please watch the following growing medical marijuana video which reviews the plight of Stephanie Lander.

via medical marijuana blog

This is a really cool time laps video of mushrooms growing

As California faces a $1 billion budget shortfall, the marijuana industry offers a commonsense solution to the state’s fiscal problems:

August 6 — A coalition of California marijuana growers and dealers has offered Governor Arnold Schwarzenegger one billion dollars to solve the current state budget crisis. The group, calling itself Let Us Pay Taxes makes the offer through its web site LetUsPayTaxes.com. The offer comes at a time when the California legislature is deadlocked on a new budget and California has stopped issuing checks for vitally needed social services. Legislators are currently arguing over which programs will be cut in order to balance the budget. [link]

This effort is the brainchild of drug policy expert/activist Cliff Shaffer, who has hit the nail square on its head. The failure of prohibitionists to grasp the inherent economic lunacy of the drug war has always been particularly startling to me. I grudgingly accept that drug war supporters feel no sympathy for the victims of harsh laws, and even that they clumsily attribute the harmful effects of prohibition to the drugs themselves. Yet, tragic and irrational as these beliefs may be, they do not explain the willingness of government to cast aside billions in taxable commerce.

Marijuana is, after all, the #1 cash crop in the nation. This fact cleanly illustrates the failure of prohibition, while vividly depicting the massive windfall available to any state with the wisdom to pursue regulation. And all this is to say nothing of the incalculable value of discontinuing our current marijuana policy, which is as wasteful and ineffective as can be.

Gov. Schwarzenegger is unlikely to be impressed with this offer, unfortunately, having vetoed California’s hemp bill over concerns regarding conflict with federal law. Yet, as Shaffer points out, there is truly nothing the DEA can do to prevent state level regulation of marijuana. The vastly smaller medical marijuana industry has already overwhelmed the agency’s enforcement capacity. Ongoing DEA raids are merely a face-saving gesture, designed to confuse legislators in prospective medical marijuana states. The full-scale regulation of the marijuana economy in any state would reveal DEA’s genuine impotence, permanently burying the myth that conflict with federal law ensures some sort of brutal showdown.

Having failed to get the point across in so many ways, it’s about time to start offering people a billion dollars.

via stop the drug war

WASHINGTON — The White House won’t say it explicitly. Neither will the Drug Enforcement Administration. Yet there is a whiff in the air that U.S. policy is about to change when it comes to medical marijuana.

The message is clear, said UCLA professor Mark Kleiman, a former Justice Department official and an expert on crime and drug policy.

“It is no longer federal policy to beat up on hippies,” said Kleiman.

Tell that to the DEA.

In California this past week, agents raided four dispensaries in Los Angeles and seized 500 pounds of pot.

“It’s a little bit surprising, because I think current DEA management didn’t get the message,” said Kleiman. “The message is, this is no longer drug warrior time. We are not on a cultural crusade against pot-smoking.”

California law permits the sale of marijuana for medical purposes, though it is still against federal law.

Thirteen states have laws permitting medicinal use of marijuana. California is unique among them for the presence of dispensaries, businesses that sell marijuana and even advertise their services. Legal under California law, such dispensaries are still illegal under federal law.
“Anyone possessing, distributing or cultivating marijuana for any reason is in violation of federal law,” Sarah Pullen, a DEA spokeswoman in Los Angeles, said Thursday.

That may be the law, but it contradicts the medical marijuana position of the new president.

“The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind,” said White House spokesman Nick Shapiro, repeating past statements.

So on Friday, DEA officials in Washington declined to comment at all on the subject.

As a presidential candidate, Obama repeatedly promised a change in federal drug policy in situations where state laws allow use of medical marijuana.

“I think the basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that’s entirely appropriate,” Obama told the Mail Tribune of Medford, Ore., in March.

A year earlier at a campaign stop in New Hampshire, Obama said: “I would not have the Justice Department prosecuting and raiding medical marijuana users.”

At age 47, Obama is part of a generation that had plenty of exposure to pot.

In his memoir, “Dreams from My Father,” he described time spent as a youth struggling with questions about his race and identity, and turning to drugs _ including marijuana and cocaine _ to “push questions of who I was out of my mind.”

The new president is unlikely to make any official change in policy before he has a new DEA chief and drug czar in place.

Yet experts believe it is already clear the Obama administration will change the strategy, if not the law, on medical marijuana.

Philip Heymann, a former deputy attorney general in the Clinton administration who is now a Harvard professor, said it’s time for the agency to put more effort into fighting drugs more dangerous than marijuana.

“I do expect him to appoint an administrator who takes marijuana less seriously than is traditional for the DEA, as I think most Americans do,” said Heymann.

Heymann said he expects the Obama administration will eventually instruct the DEA to emphatically scale back raids on dispensaries, and conduct such raids only in instances where investigators believe a business is abusing the dispensary system as a cover for other criminal behavior.

So last week’s raids in California may be the last of their kind.

“The DEA’s not likely to want to confront a new president,” said Heymann. “It may simply be that they’re behaving as they have traditionally, and they haven’t anticipated the change Obama and his spokesman are signaling.”

____

Associated Press writer Michael Blood in Los Angeles contributed to this report.