A brief understanding of the Tax Act on Marijuana,

Article written in the latest SNR by the Crusaders for Patient Rights.
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Legalizing Marijuana won't make things better, even though it may seem like it.



In 1937, the Tax Act on Marijuana was passed to allow all citizens theright to import, produce, manufacture, give away, administer or prescribe marijuana. All they needed was a tax stamp, which the government chose not to produce.

In 2010, the California Tax and Regulate Cannabis Act proposes to allow the manufacture, dispensation, giving away of, and administration of marijuana to all citizens age 21 and older, as long as the city or country chooses to allow it. The law gives each city the right to choose. We currently have 139 Cities and Counties that will not allow a patient to receive their medicine. Knowing they they would receive revenue from it has made no difference. The Tax and Regulate Cannabis Act of 2010 will open the door to commercial cultivation,threatening mom 'n' pop growers who provide quality medicinal cannabis to medical dispensaries.

Section 11301: Commercial Regulations and Controls leads you to believe that the regulations are defined, but as stated in c, h and m, they are very large, leaving all decisions up to local government and giving them the authority that MAY place, not WILL place regulations. It also allows local government to possibly ban, or place the types of restrictions that would never allow any use of cannabis at all. This could greatly impact safe access for patients. Patients depend on being able to purchase their medicine from Dispensing Collectives and Coops. Challenges have been successfully made against cities and counties that have denies safe access by placing bans. This initiative could reverse some of the progress made, and cause patients to loose safe access.

Cultivations for personal use (not medical) is limited to a 5'x5' area. However, the initiative makes it illegal to have more than ONE OUNCE at any time. The minute a person harvests, he may be breaking the law and subject to law enforcement. This initiative may also endanger 18-20 year olds by imposing lays that could imprison them for 3, 4, or 5 years for "giving or offering" cannabis to anyone 14 years old and up. This could cause serious legal issues, with prison time jeopardizing their entire future at the impressionable time when they should be looking at college and a future. 18-20 year olds in found in possession of cannabis would be facing 6 months in county jail with a $1000 fine. Currently, law enforcement usually use section 11357 b of the Health and Safely Code, where the penalty is a $100 fine and a misdemeanor.

The initiative states that it will make cannabis available for scientific, medical, and industrial research. It has been available for these purposes under current law already. And, the tax and regulate initiative does not allow for labs or schools to safely proceed without federal interference. On Feb 12th, 2010, Full Spectrum Labs was raided by federal authorities, as current law requires federal licensing to test cannabis; this is not addressed in the initiative. The act itself may be amended by Legislature-even though it is voted by the people, the government can make changes. This can be used as a loop hole.