Myths and Misconceptions about Prop 19 (Tax Cannabis 2010)

[jjblunt]

Hello fellow ICMagers,

I am starting this thread because I am very tired of reading people's disinformation about Prop 19. I feel people either do not read the bill, or if they do read it, they don't understand it. My goal here is to show and explain to you exactly what this bill will and will not do for you if you vote YES in November.

Let me start by saying this, this bill will mainly benefit the average cannabis grower/consumer. Growers that move pounds and pounds of weed will probably be hurt by it. I say the benefits outweigh the negatives. I am sure 90% of us ICMagers are just smaller personal growers and cannabis lovers, who would benefit greatly from this bill passing.


This will have a bit of legal text, Ill try to keep it to a minimum.


Lets begin with what I see as the biggest myth:


Myth 1.) Tax Cannabis 2010 (Prop 19) will affect me since I am a medical patient under Prop 215.

FALSE: Prop 19 will NOT affect you. It even explicitly protects you in the text of the bill. If you are medical, go about your day like nothing happened.

Ensure that if a city decides not to tax and regulate the sale of cannabis, that buying and selling cannabis within that city’s limits remain illegal, but that the city’s citizens still have the right to possess and consume small amounts, except as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9.

Myth 2.) If my local government decides not to allow commercial cannabis sales, then I will not be able to grow, smoke, or possess cannabis!

FALSE: The bill states, (from the above quote) that if they do not regulate cannabis commercially, it ENSURES that you still can personally.

Here is an important part of the bill:

Section 11300: Personal Regulation and Controls

(a) Notwithstanding any other provision of law, it is lawful and shall not be a public offense under California law for any person 21 years of age or older to:

Keyword is California law. Section 11300 of Prop 19 is all about YOU. Think of it this way, even if your government says NO to commercial selling cannabis, you can still do EVERYTHING in Section 11300. Which includes smoke, grow, possess, transport for personal use. You just won't places commercially selling it. Very similar to dry counties that don't allow alcohol sales, but you can still drink and possess it.



Myth 3.) I will get taxed on my personal grow.

FALSE: Nowhere in the bill does it state personal growers will be taxed. It only states that licensed premises (i.e commercial grows, retail stores) will get taxed. Lets look at some bill text:

Section 11302: Imposition and Collection of Taxes and Fees

(b) Any licensed premises shall be responsible for paying all federal, state and local taxes, fees, fines, penalties or other financial responsibility imposed on all or similarly situated businesses, facilities or premises, including without limitation income taxes, business taxes, license fees, and property taxes, without regard to or identification of the business or items or services sold.

Myth 4.) My employer will still automatically fire me if I test positive for cannabis.

1/2 FALSE: The way I read it, they have a choice, which I think employers should have in the first place. It says they can fire you if you are stoned on the job and don't perform well, but not if you just smoke weed responsibly and do a good job at work. Pretty common sense to me.

(c) No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected.

If you have read this far, thank you very much. I don't claim to be a legal expert, but I will say I have read it quite a bit and strongly feel it will be great for us personal growers and cannabis lovers. If I could grow my 25 sq ft tax free without any fear of LEO knocking down my door, I think I would probably cry.


Let me also say I am not for EVERY aspect of this bill, it does have its flaws, but it is a great start and will get the ball rolling ALL around the united states. The victory call will be heard 'round the world.

Things I don't agree with but can live with about Prop 19:

1.) 3-7 years for selling/furnishing cannabis to a minor under 18. Seems like a steep sentence, but I also agree with not giving cannabis to kids under the age. ESPECIALLY under 18.

BTW: If you are over 21 and furnish cannabis to someone over 18 but under 21, its UP TO six months and $1,000 fine. The penalty is a little harsher than furnishing alcohol to a minor, but again, don't give pot to minors and you wont have a problem.


Thanks for your time, please bring on the critique.

 

[pimpjuice]

bye bye

 

[IC BUDZ]

prepetual harest and youll be all set just grow the dankest herb you can find

 

[kmk420kali]

What about the fact that you can only posses 2oz? This doesn't seem like a flaw to you? So basically as soon as you harvest your 5x5 grow you break the law again? Awesomeness!

Absolutely false-- First off, there is no mention of 2 ounces anywhere...you are allowed to possess 1 ounce on your person--
That is only in Public tho...you can keep whatever you grow, as long as you don't go out carrying it around-- There is no limit to what you can keep at your house/grow, just the grow size--

 

[JackTheGrower]

Myth 4.) My employer will still automatically fire me if I test positive for cannabis.

1/2 FALSE: The way I read it, they have a choice, which I think employers should have in the first place. It says they can fire you if you are stoned on the job and don't perform well, but not if you just smoke weed responsibly and do a good job at work. Pretty common sense to me.

So we allow our employers to rule our freedom and count on the Benevolence of Capitalists to grant civil liberties..

You mean like Slave owners protecting "Uppity Slaves" in public?

What strains do you smoke?? I'd like to try some..

 

[jjblunt]

Jack,
I have read many of your posts and respect your opinion very much. Shouldn't we, as business owners be able to choose who we employ though?

As the bill reads, "No person shall be punished, fined, discriminated against" This makes me think that one could argue being denied employment by saying they are being discriminated against for lawful use of cannabis. But, if your employer catches you smoking on the job, isn't that justifiable grounds for firing? Much like a dude chugging a 1/5th of jack at work.

 

[dmack3687]

i'd have to say, it's a very nice start. a generous one at that. now the only problem is getting it passed. it's gonna take every one of us personal growers and all the friends/family we can get to go out and vote for us. i've never gone out and registered to vote before, but now there is incentive. K+ for thread

 

[JackTheGrower]

Jack,
I have read many of your posts and respect your opinion very much. Shouldn't we, as business owners be able to choose who we employ though?

As the bill reads, "No person shall be punished, fined, discriminated against" This makes me think that one could argue being denied employment by saying they are being discriminated against for lawful use of cannabis. But, if your employer catches you smoking on the job, isn't that justifiable grounds for firing? Much like a dude chugging a 1/5th of jack at work.

The issue is "Catch" Current rules say if I smoke on Saturday night I will test positive Monday morning. So that is the Catch.

 

[JackTheGrower]

i'd have to say, it's a very nice start. a generous one at that. now the only problem is getting it passed. it's gonna take every one of us personal growers and all the friends/family we can get to go out and vote for us. i've never gone out and registered to vote before, but now there is incentive. K+ for thread

Get a Vote-Buddy and place it in you signature..

I'm waiting for a green light from the one I asked before I add to my sig.

 

[JackTheGrower]

Jack,
I have read many of your posts and respect your opinion very much. Shouldn't we, as business owners be able to choose who we employ though?

As the bill reads, "No person shall be punished, fined, discriminated against" This makes me think that one could argue being denied employment by saying they are being discriminated against for lawful use of cannabis. But, if your employer catches you smoking on the job, isn't that justifiable grounds for firing? Much like a dude chugging a 1/5th of jack at work.

Sorry for the double comment but you don't have Email privilege yet.

You sure should have the right to decide but with some minimum Civil liberty guidelines such as a positive test is not grounds for dismissal.

I know the Insurance companies are the ones putting the pressure on the business owners.. Try to get insurance without a drug policy of the Insurance companies choosing.. That is a Crime right there! So yes I defend business especially Small business..

Insurance is as much organized crime as it is a utility for business IMO.