June 30, 2008
California to Legalize Weed for Everyone

That was an eighth of some $80 weed. 510 Kush. Photo by Anti/LAist
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.
Related Story: Marijuana Initiatives, What Went Down in '06



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I thought it sounded like a pretty good initiative until I read this line... "Exempts marijuana sales profits from income tax.".
This is obviously a gem of The Libertarian Party, who don't believe in taxes or social responsibility.
While I fully support any measure that would legalize or decriminalize marijuana, I think taxes should be paid. This initiative is probably doomed to failure on this stipulation alone.
Growers, middle men, and dealers, make enough money to afford to pay an income tax on their profits. Many manage to live quite opulent lifestyles and are not paying any taxes on what they make now unless you count the occasional bust.
My other prediction for why this initiative will fail is political cowardice. Much like Prop 215, most politicians will avoid making a stand on this one way or the other.
I'd still vote for it, but growers and dealers should be taxed.
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Thanks for highlighting the key points for easy skimming! Now where can we sign the petition? Paging Mr. Christopher Springer (the proponent for this measure)...
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as is frequently the case, I agree with JRB.
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I see where you are coming from, but i disagree. Most people i have encountered do not make their full living on marijuana, but rather its something that they participate in during their off ours from their "real job"
also $50 per plant IS a tax. if a grower has 50 plants, then he is paying $2,500 each grow cycle. And end users were only paying $100 a year, with $30 renewal fees, the $5 per 8th will up that number considerably.
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That's all very fine, but who's going to take care of the quack doctors?
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agreed, jrb.
libertarians (no capital L deserved) would like everything to happen, without anyone actually paying for it.
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What's the use? If the voters pass legislation, it'll only get overturned by the unaccountable judges sitting on the courts. Gotta love the "People's" Republic of California!
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"$5 per 8th will up that number considerably."
I agree with that tax.
"$50 per plant IS a tax."
A well tended hydroponic plant will yield about 1.5 to 2 lbs of high grade tops, while bottom leaf and stem can be isomerized for hash oil or have the THC leached out by cooking it in butter for edibles. This is an enormously profitable cash crop.
Production equipment in any kind of manufacturing is taxed. In this case it would be the plants.
As for the income a medium to large scale grower could make, I think that if I pay tax on my paltry little income, they can certainly afford to pay income tax out of their profits.
Income tax is a whole seperate deal in any business.
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While this may insulate California consumers from state police, marijuana will still be illegal under federal law, and if one state were to flagrantly announce that it will violate federal law, DOJ would probably get involved in busting and prosecuting people involved in the pot trade in California. Even I would support DOJ in doing that, and I'm very much against marijuana prohibition -- the rule of law, and the Supremacy Clause, have to mean something. And, in the worst case scenario, you would much rather go to a state jail than a federal prison.
Given that California law is among the most lenient in the country on marijuana, this could actually be counterproductive. Not trying to be a Debbie Downer here, but that's how I see it.
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The Dr. that wrote my rec gave me a far more thorough examination than I've ever had, and he actually spent 45 minutes talking to me! That was a fuckin' first.
That, coupled with the fact that I had to provide corroborating medical history in order to obtain my rec, makes it hard for me to imagine calling my Doc a "quack".
That sort of thing does the MMJ movement a disservice, don't you think? Even in the name of some other, possibly better but destined to fail, legislation?
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in the end, i think i am being swayed by your logic, jrb.
While i may not know any of them personally, there are definitely people who make their full living on growing it. and a full blown tax exemption isn't fair to everyone else who's income is not exempt.
but otherwise the shits tight as a drum.
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i was under the assumption that loose grown products can't have income tax placed on them.
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I agree, thanks for highlighting certain things for easier skimming.
I don't smoke weed, and I don't think anyone would consider me "pro weed" but if it does get legalized - it needs to be taxed, just like alcohol and tobacco, which if would be classified with. I agree with jrb, not taxing it could make passing this harder (not that I'd be bothered either way, I'm just saying...).
But mharwitt brought up something about loose grown products. I know nothing about that...curious to find out more.
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yeah, mharwitt...
are you saying that R.J. Reynolds doesn't have to pay taxes on the tobacco products it sells?
i doubt it. but thats very interesting.
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"DOJ would probably get involved in busting and prosecuting people involved in the pot trade in California."
Yup, just like they did with medical marijuana dispensaries.
I'd still like to see it happen though. California is always first state to make a move like this. Other states will follow and I don't think they have the resources to bust everyone. Don't expect any help from the vast majority of politicians. They'll lose votes from some one no matter which side they come down on, so it's best for them not to take a side.
And no Ben not all Drs who will write letters of recomendation are quacks, but many are very opportunistic about writing them.
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this dude, WiseWeasel said this on the digg thread:
The comments on the linked site complaining about the income tax exemptions are missing the fact that declaring marijuana income to the IRS would put you in a dangerous position from a federal prosecution perspective. It's probably not a good idea to declare federally-prohibited income to the IRS. It seems to me like the exemptions are in place to protect the privacy and freedom of those that would be participating in this new industry.
thought that was a really good point.
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Did a college freshman write this? Reads more like a manifesto than a proposition. It won't go anywhere.
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"libertarians (no capital L deserved) would like everything to happen, without anyone actually paying for it."
torrmoz, you obviously have no idea what a Libertarian is. -_- They do not want "everything to happen, without paying for it"... The very core ideal of Libertarianism, is LESS government involvement.
They want LESS to happen, so we don't HAVE to pay for it.
However the heck you managed to mix that one up, is beyond me... -_-
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It's potentially a win-win-win situation:
The growers are happy, despite the tax, as they'd save much more than that avoiding all of those pesky costs associated with concealing their operations from the law (and, for the unlucky ones, legal fees and revenues lost to confiscated product or jail time.) Easy to imagine big Agri-Business getting involved, which could create some interesting opportunities for growers creative enough to exercise their unique skill-set as consultants.
The state is happy: more tax revenue, less money wasted on the whole "enforcement" charade.
The consumers are happy for reasons that obviously don't have to be explained to this lot.
A win-win-win. Which is why it will never happen :)
John Gunjah
www.thinkingstoner.com
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"torrmoz, you obviously have no idea what a Libertarian is."
I would be hard pressed to debate you what exactly the Libertarian platform is. I haven't read all of it. They seem to me to be pretty intent on NO TAXES and NO GOVERNMENT, not just less of them.
They also want everything privatized.
Imagine going to "The Office Depot National Park" where they've just clear cut several acres of ancient redwoods to clear space for your camping enjoyment, and coincidentally just happen to be having a sale on copy paper.
Imagine driving a few miles up the 101 and having to pay a toll to the company who owns one section, then you cross into some one elses' section of the 101 and have to pay a seperate toll to the company owns and maintains that section.
Sounds like a corpoarate feeding frenzy to me.
My older brother was Libertartian until Hurricane Katrina. We sat and watched what happens when you have, NO GOVERNMENT. Since we have family in New Orleans, needless to say, he is no longer a Libertarian. Katrina cured him of that.
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Dude that looks like some REALLY good bud! Sure would like to have a hit of it.
JT
http://www.FireMe.To/udi
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I lived through Katrina (lived in the other LA at the time) am I still am a Libertarian. Katrina showed me what complete dependence on an inept local and State got gives you...squat.
Thank goodness those orange Helicopters were there to bail them out (aka the US Coast Guard aka the Feds!)….They rescued over 20k people beginning the night OF the storm! Efficient government is a good thing.
Your view of Libertarians is a bit extreme….most want limited government (because it is costly an ineffective), not anarchy.
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My older brother was Libertartian until Hurricane Katrina. We sat and watched what happens when you have, NO GOVERNMENT. Since we have family in New Orleans, needless to say, he is no longer a Libertarian. Katrina cured him of that.
Uhhh... we have a MASSIVE government and the events of Katrina happened. If anything your brother should be MORE of a libertarian post-Katrina. I sure am.
"Imagine driving a few miles up the 101 and having to pay a toll to the company who owns one section, then you cross into some one elses' section of the 101 and have to pay a seperate toll to the company owns and maintains that section."
Oh the horror! Having to pay for the roads you use! You know who didn't want that? Henry Ford. Talk about a corporate feeding frenzy. Imagine the balanced transportation system we'd have if that was the case. No more sprawling roads to everywhere and no where. We'd likely still have the 1,000+ miles of privately owned and operated interurban rail that was killed off because of the government funded car based Nationalized Transportation System. Now we have to fight with brainless politicians and insane NIMBY's just to get a shitty piece of rail laid in order to bail out the failure that the subsidized car culture has proven itself.
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"Your view of Libertarians is a bit extreme…."
Libertarians are a bit extreme.
"...most want limited government (because it is costly an ineffective), not anarchy."
Taxes are the dues we pay to live in a civilized society. If you want to address the inefficiencies of government spending, you target the funding process, not the programs themselves. The reason most government programs are inefficient is because there is no incentive for a program to be efficient. If a program saves money during a fiscal year, their reward is to get their budget cut for the next fiscal year.
You'll never get cost efficient programs with a system like that.
The Libertarian answer to the problem is to scrap the programs entirely. Kind of extreme don't you think?
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All of the people on here saying that people are making their living off of selling marijuana and need to have their income from it taxed are forgetting that once it is "made legal" the price will drop. No one will be able to make a living growing marijuana and selling it without paying a large amount of their income for the $50/plant tax. I would imagine it was done this way for simplification purposes the fact that the feds would be able to access the tax records thereby eliminating the anonymous aspect of the initiative.
Also, a judge cannot overturn an initiative or referendum that was passed by the people as long as it is written correctly. This referendum/initiative process was developed in order to bypass the established legislative, legal system so that "we the people" would be able to get laws on the the books without corrupt officials being able to stop it.
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"Oh the horror! Having to pay for the roads you use!"
Yea Fred that would be horrible considering that you, me, and everyone else, have already been paying to build and maintain these roads since the day we started earning a living and paying taxes.
I'll tell you this. If a Libertarian or anyone else privatizes the roads or National Parks I've already paid for, I better get a check in the mail refunding my share of what I've already paid into the system.
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"Libertarians are a bit extreme."
Not really. That view is being perpetuated by both parties in power. Libertarians just want a return to the Constitution and what it provides for. Nothing more. Where our country is now should be viewed as extreme from a Constitutional point of view. I definitely want the government, just in a more limited form. And as for Katrina, if anything it shows the ineptness of big government. Look at FEMA and the millions upon millions (close to a billion) of dollars they squandered or misappropiated.
http://www.usatoday.com/news/washington/2006-12-06-katrina-fraud_x.htm
I can't think of a better example to go Libertarian off the top of my head.
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This is stupid. I agree with legalization but there is no way this will pass. Why don't they take smaller steps? I think a lot of people agree that marijuana possession should not be a criminal offense and that our jails should not be full of people arrested for such a petty crime. I think it is easy to make a strong case for that both from the left and right. Why not change the punishment from jail to a large fine? Come one, it needs to be baby steps... this is not practical at all.
What's the point of this? Do people just want to make a statement that will be lost quickly or do they actually want to pass an initiative?
This initiative sadly is a case for criminalization of marijuana since it was obviously written while stoned!
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Paging Christopher Springer: you're the proponent for this initiative -- if you want signatures, please let us know where to sign!
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Katrina demonstrates ineptitutde IN big government; not ineptitude OF big government. Meaning, "big" government is not inherently inept. However, when we elect "small" government types who don't respect the concept of government itself, we get horse trainers running FEMA, and, yes, an inept government. 203 more days.
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"we get horse trainers running FEMA, and, yes, an inept government. 203 more days."
I totally agree paulk. FEMA was working just fine in the aftermath of the Northridge Earthquake. The failings of FEMA during Kartina had more to do with who was in charge of FEMA, and the Bush Admin's restructuring of FEMA, than it did the agency it's self.
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Show me the petition! Even though I'm in Florida, I'm all for anything that changes this insane national policy of making criminals out of weed smokers. Talk about a victimless crime! Talk about a waste of time!
irb, you seem like a rational, intelligent person, but you may want to do a little more homework on the libertarian party. As meetmybackhand mentioned, this party is all about getting back to the fundamentals this country was founded on. I, for one, happen to believe that I can take care of myself, and put my money to much better use, than any bloated toad of a bureaucracy can.
Giving money and power to government is like giving whiskey and car keys to teenage boys. ~P.J. O'Rourke
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I've done my homework on the Libertarian Party, specifically the National Platform of the Libertarian Party, adopted in May, 2008 in Denver Colorado.
Paragraph 2.0, "Economic Liberty," does not seem to allow for antitrust laws. These laws protect us from price-gouging by monopolists -- and there is historical precedent for this (in fact, that history is why antitrust laws exist).
Paragraph 2.1, "Property and Contract" allows for complete freedom to contract, meaning the government cannot set minimum working conditions, such as safety standards, maximum hours and minimum wage. I suggest Upton Sinclair's "The Jungle."
Paragraph 2.2., "Environment" gives the government no role in protecting the environment, but leaves it to private industry.
Paragraph 2.3, "Energy and Resources" is against government oversight of energy production. Let's drill in ANWR!
Paragraph 2.7, "Labor Markets" would eliminate the government's role in management-labor disputes, and return us to the pre-NLRA state of all-out wars.
Paragraph 2.8, "Education" would give total control of the education system to parents. Abstinence-only education and intelligent design are fully equal to comprehensive sex ed and Darwin.
Paragraph 2.9, "Health Care." Free market! Who would have guessed it? If you can't afford it, screw you.
Paragraph 3.5 "Rights and Discrimination." We oppose race, sex, sexual orientation, etc. BY THE GOVERNMENT. Everyone else? Have at it!
I could go on, but my fingers would get too tired. Please don't say that the market will fix all of these things if we take away the laws. The laws the Libertarians want to tear down were legitimate responses to abject market failures. We've seen what the market will provide, and I'll take a real government, thanks.
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This law MUST pass.
Feds are out of touch on this entire issue.
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Libertarian Party = social darwinisim