Monday, June 7, 2010

tax cannabis 1937 and tax cannabis 2010

tax cannabis 1937


"Every person who imports, manufactures, produces, compounds, sells, deals in, dispenses, prescribes, administers, or gives away marihuana shall ( 1 ) within fifteen days after the effective date of this Act, or (2) before engaging after the expiration of such fifteen-day period in any of the above mentioned activities, and (3) thereafter, on or before July 1 of each year, pay the following special taxes respectively:

(1) Importers, manufacturers, and compounders of marihuana, $24 per year.
(2) Producers of marihuana (except those included within subdivision(4) of this subsection), $1 per year, or fraction thereof, during which they engage in such activity.
(3) Physicians, dentists, veterinary surgeons, and other practitioners who distribute, dispense, give away, administer, or prescribe marihuana to patients upon whom they in the course of their professional practice are in attendance, $1 per year or fraction thereof during which they engage in any of such activities."

tax cannabis 1937 (putting people in jail for a plant since 1937)

and here is something a little more recent

"Section 11302: Imposition and Collection of Taxes and Fees
(a) Any ordinance, regulation or other act adopted pursuant to section 11301 may include imposition of appropriate general, special or excise, transfer or transaction taxes, benefit assessments, or fees, on any activity authorized pursuant to such enactment, in order to permit the local government to raise revenue, or to recoup any direct or indirect costs associated with the authorized activity, or the permitting or licensing scheme, including without limitation: administration; applications and issuance of licenses or permits; inspection of licensed premises and other enforcement of ordinances adopted under section 11301, including enforcement against unauthorized activities.
(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.

and

Section 11301: Commercial Regulations and Controls
Notwithstanding any other provision of state or local law, a local government may adopt ordinances, regulations, or other acts having the force of law to control, license, regulate, permit or otherwise authorize, with conditions, the following:
(a) cultivation, processing, distribution, the safe and secure transportation, sale and possession for sale of cannabis, but only by persons and in amounts lawfully authorized;
(b) retail sale of not more than one ounce per transaction, in licensed premises, to persons 21 years or older, for personal consumption and not for resale;
(c) appropriate controls on cultivation, transportation, sales, and consumption of cannabis to strictly prohibit access to cannabis by persons under the age of 21;
(d) age limits and controls to ensure that all persons present in, employed by, or in any way involved in the operation of, any such licensed premises are 21 or older;

and

Prohibition on Furnishing Marijuana to Minors
(a) Every person 18 years of age or over who hires, employs, or uses a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(b) Every person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any marijuana to a minor 14 years of age or older shall be punished by imprisonment in the state prison for a period of three, four, or five years.
(c) Every person 21 years of age or over who knowingly furnishes, administers, or gives, or offers to furnish, administer or give, any marijuana to a person aged 18 years or older, but younger than 21 years of age, shall be punished by imprisonment in the county jail for a period of up to six months and be fined up to $1,000 for each offense.
(d) In addition to the penalties above, any person who is licensed, permitted or authorized to perform any act pursuant to Section 11301, who while so licensed, permitted or authorized, negligently furnishes, administers, gives or sells, or offers to furnish, administer, give or sell, any marijuana to any person younger than 21 years of age shall not be permitted to own, operate, be employed by, assist or enter any licensed premises authorized under Section 11301 for a period of one year."

tax cannabis 2010


My note:
both these laws are about controlling the growing and distribution of cannabis. Growing is what we should be trying to set free. The people of California have clearly decided they are going to use cannabis. Both laws arrest more people than before enacted and give nothing back to you as a tax payer. The revenue collected probably will not cover the cost of arresting all the new law breakers and building jails to house them. don't settle for a law. get it right the first time. You can get cigarettes when your 18 and the law is written for 21 and up only with no provisions for even using around a minor. Cigarettes kill people and you hurt children but I can fire one up just about anywhere and give an extra one to an 18 year old, in fact I can open a store and sell whole cartons to him with no limits. I could even grow some tobacco and sell home-made cigars in my store along with the national brand. Cannabis is far less dangerous than tobacco so why do we have to regulated it more? don't settle for less. this law will affect you even if you don't know what cannabis is or even care.

1 comment:

  1. My further response to TC2010

    1. should be 18 and up (some voters are 18 after all)
    2. we have a tax marijuana act cira 1937, it sucks and ended up just putting minorities and artist behind bars.
    3. TC2010 does nothing for making less arrests and leaves too much up to the legal system. Its a plant. no one should go to jail for a plant. We should make it a crime for any law enforcement officer to arrest a medical patient.
    4. We should be repealing bad laws before making new ones. I see this law as an un necessary compromise to a heavily flawed justice and enforcement situation that potentially causes more free Californian's to be un justly incarcerated because of loop holes and corporate stakeholders.

    If we can fix some of these problems then I would fully support TC2010

    Please take this opportunity to explain to me why I should support this act regardless of my concern.

    Thanks

    ReplyDelete