Pot Taxes Are Coming To California

Despite last week’s defeat of Proposition 19 at the polls, new taxes on marijuana are coming to California.

As I write today in High Times online, California voters on election day by wide margins endorsed citywide medical marijuana tax ordinances in Albany, Berkeley, La Puente, Oakland, Rancho Cordova, Richmond, Sacramento, San Jose, and Stockton. You can read the full details of each of these tax measures, as well as Los Angeles’ latest medi-pot tax plan, here.

While the bulk of these new tax plans impose fees on the dispensaries themselves — fees that will no doubt indirectly be passed on to the consumer via higher retail prices for cannabis — at least one plan (Rancho Cordova’s Measure O) seeks to impact patients directly by instituting local fees on personal home grows.

While it is possible (read: likely) that this exorbitant fee will be eventually struck down by the courts as an undue infringement upon patients’ rights under Prop. 215, it could be months or years before such a clarification by the courts is made.

Patient advocacy groups like Americans For Safe Access oppose the implementation of such medi-tax laws, noting that they could unduly raise the already inflated black market price of medical cannabis, lead to fewer dispensaries, and ultimately limit patients’ access. Nonetheless, it is hardly surprising to see a majority of Californians, at a time of record budget deficits, voting to impose additional taxes upon a minority subset of their community.

In short, the success of these tax measures at the ballot box is yet further evidence that with or without Prop. 19, more and more city governments — rightly or wrongly — are going to be looking at new ways to raise revenue from California’s burgeoning cannabis industry and its consumers. Industry insiders and those they represent, patients especially, would be best advised to begin playing an active role in their local politics, or else risk suffering the consequences of unreasonable taxation without representation.

You can read my full thoughts on this developing issue, and comment on it, by clicking here: Like It Or Not, Pot Taxes Are Coming to California.

Opening Remarks At NORML 2008: NORML Board Chair, Stephen Dillon, Esq.

“It’s Not Your Parents’ Prohibition”
Stephen W. Dillon’s Welcome Address
To The 37th Annual NORML Conference
October 17-18, 2008
Berkeley, California
Doubletree Hotel/Marina

I. Welcome/Introduction (Cannabem liberemus!)

Good morning! I am Steve Dillon, chairman of the NORML Board of Directors. I want to welcome all of you to our 37th Annual Conference in beautiful Berkeley, California. We are very glad you are here – California is still the ground zero in the government’s war on medical marijuana.

I am honored and excited to be with you and our outstanding group of speakers and panelists. We have a great conference planned. There are lots of opportunities to learn, share, experience with each other, and recommit to ending the government’s prohibition of marijuana.

II. The theme of the conference this year is: “It’s Not Your Parents’ Prohibition“.

My parents were born during the government’s failed effort at alcohol prohibition (1919-1934). They learned about home-made beer and wine and even about secret stills for liquor in their basements. They shared with me some of the alcohol paraphernalia of my grandfather, Dr. John Dillon. He had a silver folding whiskey glass and a leather cigar case with fake glass cigars or containers for booze. My parents weren’t old enough to drink alcohol during the prohibition, but my grandparents did regularly. My parents didn’t think that their parents were criminals, only Al Capone and the gangsters who committed violent acts to support their illegal business enterprises.

There was an attitude of our citizens at that time that the government couldn’t really tell us that we couldn’t drink, we were Americans! It was fun to go to the speak-easy. It was a “forbidden fruit” that lead some people to drink alcohol just because we weren’t suppose to. However, people didn’t often get arrested for drinking a beer or having a glass of wine. People didn’t have their homes searched or seized or forfeited for home brew or wine. This marijuana prohibition is much worse than our parents’ prohibition. (1) unconstitutional/illegal, (2) more costly, (3) much longer/never-ending, (4) loss of freedom and property, (5) loss of opportunity, (6) loss of medicine and compassionate care of sick, (7) dishonest, (8) drug-testing.

What were the results of the American alcohol prohibition? It is undisputed that the prohibition was a complete failure. It certainly didn’t work to prohibit alcohol consumption by millions of Americans, from the very rich to the very poor. The prohibition resulted in an increase in organized crime and brutal violence. It resulted in corruption of our courts, police, and politicians. It misdirected our tax resources – it wasted millions of dollars that could have been spent to improve the lives of Americans.

The prohibition resulted in a growing disrespect for government and law enforcement. It led to countless deaths, not only from the gang violence in the streets trying to control the illegal market, but also from the deaths from tainted home-made liquor – “bathtub gin”. The prohibition made millions of American citizens “criminals” overnight, even though the vast majority had no intent to harm anyone, not even themselves. They had lost the right to choose.

Federal law enforcement officials like the FBI’s Hoover, used the prohibition as a reason to greatly increase the funding and power of their agencies; and they have never relinquished that power.

The alcohol prohibition was doomed because it was standing directly in the way of the citizens’ right to choose to use alcohol – even if it wasn’t good for them. There is a fundamental belief in America that we the people have the right to make decisions about how we live our life. That we are entitled to life, liberty, and the pursuit of happiness – however we define it, as long as we don’t hurt others or interfere with their rights. The government’s marijuana prohibition was also doomed to fail for the same reasons.

III. The government’s 71 year prohibition of marijuana has also failed and is also counter-productive.

When the marijuana prohibition started in 1937, the government was trying to keep in place the federal law enforcement bureaucracy from the alcohol prohibition which ended just a few years before. The government picked marijuana to prohibit for a variety of reasons such as: (1) mostly blacks and Mexicans used marijuana (maybe 5000 users at the time). – racist, (2) most Americans were unaware of the benefits of marijuana, even though it was used in many patent medicines and treatments, (3) powerful lobbyists and their politicians protected the pharmaceutical industry, the paper industry, the oil industries from the competition for consumer dollars. The prohibition is still in place for all these reasons, mainly greed and control.

The marijuana prohibition has also resulted in an increase in organized, violent crime and gang warfare on our streets. It has resulted in corruption of police, politicians, and courts. It has wasted billions of our tax dollars each year; money that could be spent on education, or roads, or Social Security, or on protecting us from real crime or real terrorists. The marijuana prohibition has led to a strong disrespect for government, in general; and for school, police, and law enforcement officials, in particular.

One of the worst consequences of the marijuana prohibition is the loss of the truth about marijuana and its benefits. The government lies about marijuana. Drug Czar Walters regularly states that people aren’t getting arrested for marijuana possession. This is despite the fact that the FBI Uniform Crime Report for 2007 recently stated that 872,721 citizens were arrested last year. One arrest each 37 seconds! (90% for possession only) Last week on October 10, 2008 the 20th million arrest for marijuana in this country happened. Samuel Caldwell was the first federal marijuana prisoner. He was sentenced in October 1937 to Ft. Leavenworth for four (4) years for two (2) joints. He died in prison of stomach cancer. There are now at least 33, 655 state marijuana prisoners and 10,785 federal marijuana prisoners. One out of eight (1/8) inmates are there for a marijuana offense. The marijuana arrests last year were a record, up 5% since the year before. Marijuana arrests accounted for almost ½ (47.5%) of all drug arrests in the country. Our America, sweet land of liberty has 5% of the world’s population, but 25% of the world’s prison population.

Americans will smoke pot if they want to, just like past Americans drank alcohol if they wanted to. About ½ of the adult population has tried marijuana. Over twenty (20) million regularly use it. Twelve (12) states have medical marijuana laws and dozens of cities and towns have decriminalized marijuana possession or have made it the lowest priority of law enforcement. More states are passing and considering eliminating the ban on hemp and hemp products, also.

The American public knows that marijuana isn’t’ harmful to them like alcohol or nicotine, which are legal, regulated, and taxed. The government itself has recognized and reported the truth in the past about marijuana and its effects; such as the Shafer Commission in 1972 and DEA Administrative Judge Francis Young’s decision in 1988. Many medical studies and reports from all over the world, for thousands of years, have told us about the relative safety and medical benefits of marijuana.

The American public has responded to numerous polls indicating that marijuana prohibition should end. The Zogby poll (3/22/07) found that over half of all Americans support decriminalization. The Time/CNN poll (2002) found that 72% of Americans wanted decriminalization for possession and 75% favored allowing states to provide for medical marijuana. We have come to the point where it is totally illogical and counterproductive to prohibit marijuana. About 80% of the voters in the medical marijuana states voted for change.

IV. We know prohibitions don’t work. 10 year effort/strategy (1998-2008) UN report on drug eradication concluded recently that despite the 10 year plan-drugs are cheaper, better, and more available.

This continuing, disastrous violation of our fundamental rights is destroying our land and darkening our spirits. A quote regularly attributed to President Abraham Lincoln is …..”That prohibition goes beyond the bounds of reason in that it attempts to control a man’s appetite by legislation and makes a crime out of things that are not crimes….a prohibition law strikes a blow at the very principles upon which our government was founded.”

Our first marijuana law in 1619 was in Virginia. It mandated that each farmer must grow it. Our Founding Fathers grew it and used it. Presidents George Washington and Jefferson wrote about it. President Jefferson said “that the freedom and happiness of man are the sole objects of all legitimate government.” He also reminds us that “eternal vigilance is the price of liberty.” They risked their lives, fortunes, and sacred honor to defend their liberty. What will we do?

V. Conclusion

Our government must be forced to change direction and end this disastrous marijuana prohibition! We need to elect new leaders and restore our freedom to choose for ourselves. Just like the alcohol prohibition, we must recognize that the prohibition has failed and restore our liberty and freedom – end the costly damage to us, and our constitutional rights.

It is important to remember that the government needed to pass the 18th Amendment to try to regulate alcohol. There is no constitutional amendment giving the federal government the power to prohibit marijuana. The states have the right to continue to make laws regarding cannabis as long as they don’t violate our fundamental liberties contained in the bill of rights.

It is time for a change! It is time to take action to end prohibition. We are the people! We are the majority. We have the truth on our side, and we have the courage to stand up for our rights. What are we waiting for? If we wait for someone else to fight for our freedom, we will lose it.

As Simon Weisenthal, a Holocaust survivor said “Freedom is not a gift from god. If you want freedom, you must work for it every day.”

I look forward to working with you all in this battle. We are winning! And we will win! We will look back sometime soon, and be glad we spoke truth to power and to re-legalize marijuana. Thank you for attending and participating in our conference. I know you will enjoy this opportunity to rekindle the flames of liberty and justice in each of us and in our country

And let us go forth from this place, committed anew to the cause of liberty for all people, the next year we may celebrate in a world made better by our efforts..

America’s 20-Millionth Marijuana Arrest – Coming To Your Home Or Person?

By George Rohrbacher, NORML Board member

An odometer roll over effect of sickening proportions is about to happen this October: American law enforcement will make its 20-millionth marijuana arrest. Regrettably however, our country will not be one step closer to any solution of this “problem” than we were when the federal government first started arresting people for cannabis seventy-one years ago today, with the first federal cannabis prohibition arrest of Samuel Caldwell.

Halfway through this epoch in American history known as cannabis prohibition, Richard M. Nixon’s own handpicked Shafer Commission studied cannabis for nearly two years and concluded: no criminal penalties for adult possession of 100 grams of marijuana.

Nixon was shocked by their findings and tried to bury the Shafer Commission’s report. Nixon instead proceeded with the “don’t try to confuse me with the facts, I’ve got my mind made up” approach to governance, and the full-scale war on cannabis commenced.

After four decades, this institutionalized war on ganja and its users grows larger with each passing year. This war on otherwise law-abiding cannabis consumers has created literally millions and millions of unnecessary tribulations, taxpayer costs and casualties. In the period 1965-2007* there were 19,342,363 arrests for cannabis offenses, 89% of them for the possession of a small quantity of cannabis. Just before Election Day 2008, cops will arrest their 20-millionth man (or woman) for cannabis.

And if you’re a regular ol’ cannabis consumer or a medical cannabis patient in need of one’s medicine, that tragic 20 millionth arrest could be you!

Could be it be me, or one my loved ones!

At the current pace of arrest, the 20-millionth cannabis arrest will happen by Oct. 10, 2008, within a week of the 71st anniversary of America’s very first federal cannabis arrest of the terminally ill Sam Caldwell in 1937.

Who will he or she be, this unlucky person? Who will be the 20,000,000th victim of arrest during America’s cannabis prohibition?

Watch out! It could be you!

*1937-1965 marijuana arrest data is sketchy, but this adds many tens of thousands more arrests to the total. 2007 was the worst year on record with a total of 872,721 marijuana arrests, up 5% from 2006.

**The numbers of Americans arrested for marijuana offenses now are so huge, perhaps the only way to get a grip on the humanity of this prohibition-driven social disaster, is to think of just a few of the people who have paid the ultimate price since I joined NORML’s Board of Directors in 2004, those who actually lost their lives in the enforcement of cannabis prohibition.

John Walters, Bush’s Drug Czar, appearing on C-Span recently said, “We didn’t arrest 800,000 marijuana users…that’s [a] lie… The fact is today, people don’t go to jail for possession of marijuana. Finding somebody in jail or prison for possession of marijuana is like finding a Unicorn. It doesn’t exist.” Well, Walters is either lying or not reading his FBI Crime Reports, or both. Please, take an extra moment and look through this list of four cannabis prohibition victims to see if you can find a ‘Unicorn’.

1) Jonathan Magbie, RIP: Washington D.C., died Oct. 30, 2004. A wheelchair-bound, 28-year old, African-American paraplegic who needed a respirator to breathe at night. Jonathan was sentenced to 10 days in jail for the possession of one single joint. His mother tried frantically for days to get Jonathan’s respirator to him through the jail’s paperwork. He died on the fourth day of his jail sentence from respiratory failure, just a few miles from the White House, ONDCP, DEA and other multi-billion federal bureaucracies waging a war on cannabis, when in stark reality their war is directed at folks like Jonathan Magbie.

2) Timothy Garon, RIP organ transplant patient from Washington State, died May 1, 2008. Timothy was first on an organ transplant recipient list until a prohibitionist medical administrator busted Timothy off the list because Timothy tested positive for the medical marijuana that had been legally recommended and administered by his own doctor. Timothy died in Seattle while his case was under appeal.

3) Rachel Hoffman, RIP, 23, Tallahassee, Fl was last seen alive on May 7, 2008. After two small quantity pot arrests, and a search of Rachel’s home that found a little more, the cops forced Rachel to go undercover without telling her parents or lawyer, by using the fear of the much more serious charges that might be filed against her if she didn’t do what the police demanded. The cops then placed Rachel on a baited hook and went trolling for sharks. The Tallahassee police department sent Rachel out to try to make a crack and firearms buy. Rachel Hoffman was found dead in a nearby county two days later.

Then there is cannabis prohibition’s first official victim…

Samuel R. Caldwell, RIP, America’s first federal marijuana arrest, Denver, CO, Oct. 5, 1937. Arrested for selling two joints the day federal prohibition laws went into effect and was sentenced just two days later to four years in Leavenworth. Sam died of stomach cancer before his sentence was up. Sam Caldwell, America’s first incarcerated medical marijuana patient!

Just four ‘Unicorn’ sightings from America’s 20-million marijuana arrests…and remember: 872,000 annual cannabis arrests, 2,390 arrest per day, 99 arrests per hour, one every 37 seconds. Just imagine how many more ‘unicorns’ there are, and are you like me when I say I’m insulted that a cabinet level officer in the Executive Branch has to lie to downplay the negative and costly effects of his $25 billion a year bureaucracy’s failure to actual control cannabis cultivation, sales and consumption.

Hey Walters, how about some tax stamps for cannabis consumers just like your friends in the alcohol, tobacco and pharmaceutical industries enjoy?

“We Are The Ones We Have Been Waiting For.” — Pueblo saying

While the staff at NORML and the NORML Foundation assiduously avoid including funding requests in their blog posts and news alerts, as a NORML Board member I’m asking you to join the other board members and I in helping to expand NORML’s uniquely important educational, legislative and litigation programs—as well as allowing the national office to be as supportive and responsive as possible to the organization’s growing networks of both state chapters and lawyers.

I will be moderating a panel at NORML’s upcoming 37th annual national conference in Berkeley entitled: What If We Arrested 20 Million Americans—And No One Cared?

These public conferences are the most important political gatherings of the year for the cannabis law reform community and I hope you, your family and like-minded friends can join us October 17-19. Conference details found here.

Just Announced: 37th Annual NORML Conference in Berkeley; Come To The Country’s Largest Pro-Cannabis Reform Conference!

In the wake of a busy week at NORML, the organization proudly announces the 37th annual NORML conference, to be held October 17-19, 2008 in Berkeley, California.

The theme of this year’s conference: ‘It’s Not Your Parents’ Prohibition!’

NORML’s national conference serves as the cannabis law reform movement’s central organizing hub and community-building event, and serious minded cannabis law reform activists, consumers who enjoy cannabis and medical patients are rue to miss this terrific annual gathering.

Conference details including discount room reservations, money saving early-bird registrations, travel details, conference scheduling and NORML socials are all found at the NORML Conference 2008 registration page.

Bonus for car renters, locals, vendors and day-trippers @ NORML 2008:  Parking is free!

You can review prior NORML conferences here to see what you’ll be missing!

Contact your like-minded friends and family member and consider making NORML’s conference part of your annual vacation this year.

My recommendation: Space is limited and NORML always sells out the host hotel’s discounted rooms, so make sure your room reservations are made ASAP!

Please join me, NORML’s board of directors and the best and brightest speakers in the world about cannabis this October, right on San Francisco Bay, to review the past year’s law reform efforts, strategize about future reforms and celebrate cannabis’ unique place in culture, medicine and humanity.

Make your plans now to join NORML at the organization’s 37th annual national conference, to be held in Berkeley CA, October 17-19, 2008.

I hope to see you at NORML 2008 in Berkeley!

NORML’s Weekly Legislative Round Up

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

Missouri: Joplin NORML and Sensible Joplin turned in over 6,000 signatures this week in favor of a municipal ballot initiative to reduce minor marijuana possession penalties to a fine-only offense. (Under Missouri law, marijuana possession is punishable by up to a year in jail and a $1,000 fine.) The bill’s proponents were required to collect approximately 4,600 signatures from registered voters to qualify for the November 2008 ballot. The city has 20 days to verify the signatures. To learn more about the initiative, click here.

Rhode Island: Legislators are contemplating whether to override Gov. Don Carcieri’s (R) recent veto of legislation that sought to study whether the state should establish state-licensed ‘Compassion Clubs’ to provide medicinal cannabis to authorized patients. In 2005 and 2007, Gov. Carcieri vetoed legislation to legalize the medical use of cannabis by state-authorized patients. Both vetoes were eventually overridden by the legislature. For more information, please visit the Rhode Island Patient Advocacy Coalition here here. To hear comments from RIPAC Executive Director Jesse Stout on NORML’s Daily Audio Stash, please click here.

Hawaii: Republican Governor Linda Lingle vetoed legislation (House Bill 2675) this week that sought to establish a legislative commission to study ways to better provide medical cannabis to state-qualified patients. In her veto message, Gov. Lingle said she opposed the bill because “the use of marijuana, even medical marijuana, is illegal under federal law,” and because she believes that there are alternative prescription drugs available besides cannabis. Although the Senate voted to override the Governor’s veto, the House chose not to. To hear comments from Drug Policy Forum of Hawaii Executive Director Pam Lichty on NORML’s Daily Audio Stash, please click here.

Oregon: Oregon NORML held a press conference this week to announce the launch of the Oregon Cannabis Tax Act (OCTA), which seeks to regulate the sale of cannabis in state liquor stores. Proponents of the measure must collect 83,000 signatures from registered voters to qualify the initiative for the November 2010 ballot. To view the press conference, click here. To read media coverage of the campaign launch, please visit here.

California: Via CBS News — “The Berkeley City Council has placed on the Nov. 4 ballot [a measure that] would eliminate limits on the amount of medical marijuana that could be legally processed by patients or caregivers, establish peer review for medical marijuana collectives to police themselves and allow medical marijuana dispensaries to locate where permitted without a public hearing. The initiative failed by only 191 votes in 2004 but a judge nullified the results, ruling that Alameda County election officials mishandled a recount and ordering that the measure be placed back on the ballot in November.”