Articles Tagged: prop215

My medical marijuana recommend

October 7th, 2012 | By Pirate

I have serious enough medical conditions that I could probably get a medical marijuana recommend in some of the more restrictive states that have medical marijuana laws.  But I have continued to vow to let my recommend expire.

Well we moved to a new location, and right away I need to get some meds.  Well I found a few sources, but it was a pain in the ass to track them down.  So I got my recommend renewed again.

Despite that I have vowed to let it expire.  Despite that I have continually said that I don’t think MMJ laws are helping to end prohibition.

Well, I have now realized with the value of MMJ laws are for me (Thank you very much to the stand up folks who worked on this in the 70s, 80s, 90s and beyond.

Medical Marijuana Laws are similar to a club card that you would get at Costco or BMG music.  You pay a small up front free, and a small yearly fee and you get acess to great selection and sometimes good prices.

I feel like I am still exposed to the paradox in our federal/state relationship.  But not for just possession.  State law allows us to have up to an ounce with only a $100 fine as a penalty if got with less than an ounce (no arrest, no jail, no permanent record).  In some ways the medical marijuana laws (like Prop 215 CA for an example)  help on the side of safe access, and the decrim laws have helped on the criminality problems that came with possession.

So I think at this point California has made the most progress in cannabis law reform at a state level. I also do believe that medical marijuana laws are a helpful part of that.   But I think progress was bound to be made in this state one way or another.

It is necessary to address it on a state level first and foremost because states have their own laws against marijuana.  So if we only addressed it on a federal level, cannabis would still be illegal in many states on a state level.

So please take what I say with a grain of salt.  I do sometimes let emotion get the best of me.  I want the federal government out of our business, but I also would like the states to relax their laws quite a bit.  All states and stateman/stateswoman need to be educated on the values of the cannabis crops (all of the many varieties).

Cannabis does cure cancer, that is known world round. 

Keep up the fight!


This was April 2012 when I spoke about medical marijuana last, and I am always grateful for medical marijuana.
I just think that the government has found ways to even make medical marijuana  work against us.
This is that video:

Patient Rights vs. Affirmative Defense in California

January 26th, 2012 | By Pirate

What is the difference between patient’s rights and affirmative defense, and how has medical marijuana affected patients and cannabis consumers in California?


  • Under medical marijuana in California, there has been a 3 fold increase in arrests.
  • Under medical marijuana laws in California (Prop215) no one has more “rights” only an affirmative defense that usually gets thrown out by the judge.
  • Under medical marijuana laws in California, the Board of Equalization is clear that state law says marijuana IS taxable. All marijuana is taxable and that is at whatever the municipality requires as well as the state sales tax.
  • Under medical marijuana laws in California, no one is safer.
  • Under medical marijuana laws in California, hemp is still illegal.

Ref for the tax issue:

Ref for how MMJ laws are NOT protecting anyone (except the monopolies)

Reference to two initiatives that give patients RIGHTS (rather than an affirmative defense)


Sound familiar:

Alcohol was smuggled over the Canadian border and medicinal whiskey prescriptions (which were allowed for certain patients) increased 400%. The scarceness of alcoholic beverages led to a dramatic increase in price, for example, a beer typically cost about 80 cents – the equivalent of $8 in today’s money. “Near Beer” became popular because it was legal (under 0.5% alcohol) and could be easily spiked with spirits to create a full strength beer.

Medical alcohol, extremely high prices? Yah, that is prohibition for ya. It ain’t good for the sick and dieing either, even with a doctor’s recommend.

Video that compares medical whiskey vs. medical marijuana

For most of the 1920s, a patient could get a prescription for one pint every 10 days about as easily as California patients can now get “recommendations” for medical marijuana. All it took to acquire a liquor prescription was cash — generally about $3, the equivalent of about $40 today — placed in the hand of an agreeable doctor. It cost $3 to $4 more to have it filled by the local pharmacist.

Then as now, the adaptability of the medical profession was impressive. In 1917, as the 18th Amendment establishing Prohibition was working its way through the ratification process, the American Medical Association ousted alcohol from its approved pharmacopoeia, adopting a unanimous resolution asserting that its “use in therapeutics … has no scientific value.”

But the Volstead Act, which spelled out the enforcement and regulation of Prohibition, nonetheless made an exception for medicinal use, and in 1922, just two years into the dry era, the AMA demonstrated how open minds can be changed — or, perhaps, how capitalism abhors a missed opportunity.

The results of a national survey of its members — a “Referendum on the Use of Alcohol in the Medical Profession” — revealed an extraordinary coincidence: The booming prescription trade had been accompanied by the dawning realization among America’s doctors that alcoholic beverages were in fact useful in treating 27 separate conditions, including diabetes, cancer, asthma, dyspepsia, snake bite, lactation problems and old age. In a word, the assertion that medicinal alcohol had “no scientific value,” from the AMA’s 1917 resolution, no longer had any scientific value.

Pharmacists who wanted a piece of this highly profitable new business devised practices appropriate to their clientele. Those with high-end customers, mindful of the power (and profit) in brand names, dispensed the prescribed “medicine” in the distillers’ own bottles, which looked exactly as they had before 1920 except for the addition of a sober qualifying phrase on their newly printed labels: A 100-proof pint of Old Grand-Dad, for instance, still announced that it was “Bottled in Bond,” but just beneath that familiar legend appeared the improbable phrase, “Unexcelled for Medicinal Purposes.”…

History: Revisiting the Prop 19 debate

May 31st, 2011 | By Pirate

I was someone who was in favor of Proposition 19 with some reservations.  However if I would have been in California at the time of the Prop19 vote, I would have most certainly vote for it.

But I didn’t get a chance to speak directly with a lot of the more influential people in this fight who were working on this in California.   Although I was able to interface with people on facebook who claimed to be friends with Dennis Peron, as such I made some youtube videos and some blog posts about the objections and the opinions that people had over this topic.

I will first post a few of the youtube videos that Dennis Peron released about this.   Then I will post a few from people who are so-called “experts” on this topic like Chris Conrad, and some of the opinions of other people too.
I found most of these on YouTube, so you can search Youtube for these videos and others like it.

Dennis Peron Video 1

Dennis Peron Video 2

Chris Conrad

The Young Turks on Prop 19 (after it failed)

This is a video that I made about it (one of two)

Second one (I made this in 2010)

My main message is, if we don’t do something to legalize it, Big Pharma will soon take away our crops.
Also Prop215 has not slowed down the arrests for marijuana in California.
In 1990 there were 20,000 arrests for misdemeanor possession of cannabis. In 2008 there were over 60,000 arrests for misdemeanor possession of marijuana in California.
It’s nonsense to think that Prop215 is helping any more. It was a good step forward. However we need to take the NEXT step!

Regulate Marijuana Like Wine Committee

Conflict in the cannabis law reform ranks

November 7th, 2010 | By Pirate

For the past week we have had a lot of division in our movement.  Trying to get laws to pass isn’t easy when everyone on the team are throwing punches at each other.

This is my message to:  David Malmo-Levine

Hoping to relay this to the rest of the “No” crowd.

RE: facebook conversation

David. This article (longwinded) is great.

Thanks bro for your work for cannabis law reform.
I respectfully disagree with you about Prop 19, and I highly encourage you to learn more about California’s tax laws, and just exactly what is and what is not regulated in California, because I can tell you this right now. Some dispensaries get lucky and go without a raid ever. Out of the ones that do get raided, they usually get raided again. This is a form of a government tax, because the cops take the medicine and the money each time, and it is never returned. Even without a conviction.

The cartels are the ones benefiting most from this system, or lack of system.

The point is, Prop19 gave clear authority for local municipalities to decide their own laws for recreational cannabis and hemp.
Prop215 still defines medical use of marijuana.

  • As for conflict and competition:

So don’t mistake me for having a personal conflict with you or anyone else. I feel many of you are severely misinformed. Some of the No on Prop 19 people had clear agendas, and selfish motivation. Some were very explicit about it “we don’t want more competition”, I have these statements from many folks in No Cal.

If only they realized that their biggest competition (the cartels) would be defeated in part by Prop 19.

  • About taxes

Cannabis is already certainly taxable by state law in Cali.   (Re: taxing medicine is immoral)
Big MMJ grow businesses are already getting licensed for large scale grow ops, WITHOUT Prop19. Recreational users will still get busted, get a $100 fine, have their weed stolen, and their days ruined. Hemp will not be a California crop any time soon as a result of Prop19 failing to pass.

These are my issues. I don’t have personal issues with people here, mainly because I dont actually know you. It would be silly to have a problem with someone that I don’t even know.

I am here to vent, state my peace, and hope to change minds for future freedom initiatives.

Or at least get some of these folks to understand that we aren’t fooled, and Prop 19 failing is a bad thing for the majority and for freedom.
So says most of the legalization groups, the NAACP, and most of the freedom fighters that have been fighting for freedom for the past 35 years.

The bitter few that campaigned against it need to catch up with the rest of us here. Prohibition needs to be over. EVEN IF BY BABY STEPS.

Sure Prop19 wasn’t perfect. No one thought that it was.
What was true is that most agreed that Prop19 did not define medical marijuana. It is clearly stated by many professionals, lawyers, law makers and activists that Prop215 exclusively defined Medical Cannabis. And Prop19 covered everything else.

This is my response to a No on 19 guy who wrote me on facebook, who coincidentally shares the same name as John Walsh’s late son “Adam”.

Titled: “Yes on 19, no to cartels”

I just want this drug war to end people. Thats all. Isn’t that what we all want?

For future reference, it is MUCH easier to amend a law than to write a new one.

Its hard to believe that we have let the fascists divide us.  Isn’t that the oldest trick in the book?  Dividing then to conquer?


Word from Russ Belville, with a great overview of what we accomplished and what he believes should happen next.

You can't win with legalization that criminalizes part of the largest group of marijuana smokers

Taxing medicine is immoral.

November 4th, 2010 | By Pirate

This is a point that I hear from the opposing side of Prop19.

A no on 19er said this to me in a conversation about why he opposes Prop19 today.

“”Taxing medicine is immoral. Why are you trying to take the ‘medical’ out of ‘marijuana’? Why do you want to punish the sick and dying?”

There was a lot more to it, and I have a PDF of the whole conversation.  But that is a point not only voiced by him, but Dragonfly and others have voiced that opinion as well.

My response is:

But Prop19 wasn’t responsible for taxing marijuana. What I am saying is Prop 215 is not going to do th…ese to things for you EITHER:

1. Prop215 does not save you from capitalism, or large scale grow ops.

2. Prop215 does not exclude you from paying any taxes.

Everyone is complaining because Prop19 talked about taxes, and regulation.

Well millions and millions of dollars have been paid on marijuana in California. Thats a fact. And there are tax laws that do govern marijuana in California.   Check this:
To this day there is not a single law that excludes marijuana from being taxed in California, with exception to the non-profit laws.
Prop 19 did not change the non-profit (501c) laws in any way shape for form.
So these non-profit collectives that have not been paying taxes on marijuana, that would continue to be the case. Non-profits would still maintain their rights as non-profits.

What I am saying is not that I want to cause ANY malice to patients.
What I am saying is that Prop 19 did not effect Prop215. And Prop19 gave rights, it did not take any away.

The hysteria that you are stirring up is what concerns me.

If you think Prop 215 alone is better than both Prop 215 + Prop 19.. Then I can not understand your point of view.
Its almost like the difference between freedom and fascism to me.

Why reduce rights instead of giving more rights to more people?

If Prop 19 would have passed, millions of marijuana consumers would have had rights to grow, possess, transport and sell marijuana.
Yes I know, it covers sales and leaves it up to the municipalities.

Hmm. Its ALREADY up to the municipalities. Oakland is proof of that.

And patients do not stop getting the right to be patients.  Its not like Prop19 passes and the government finally deems all of these people well and good.

Nitch market and high profits

November 3rd, 2010 | By Pirate

My response to the latest No On Prop19 people’s B.S.

?Joy says:  – ” it is irrelivent other than to say their decision stands, other than the handful of you mis-led blindly following 19 like sheep, Insisting on grumbling on, talking disrespectfully towards others and Insisting on “severing the traitor”. Do you Really think that is gong to help cannabis become free or liberated… drawing lines and declaring 4:20 people “enemies or traitors”? “

My response:

I don’t think it was just a “handful” of people that were pro19.

The fact is that most of the cannabis activists that have made the most progress in our community over the last 35 years were in favor of and working for passing Prop19.

And you see the dividing line comes from the fact that this initiative would have given much needed freedom to millions of folks, and would have inspired other states to legalize.
Not to mention it would have given a strong platform for hemp. Which is bigger than all MMJ business combined. Hemp is where it’s at. Prop215 does NOTHING for hemp.

So we needed some relief, and we didn’t get it because a bunch of sour pusses had a bunch of dumb ass reasons for spreading lies about Prop19.

For example. You people keep complaining that Prop19 was designed for big business. As if big business isn’t ALREADY in the cannabis industry. Look at Oakland, they are issuing large scale grow permits and were doing so BEFORE Prop19 via a unanimous vote of the city council. Municipalities CAN and obviously WILL do that. Prop215 does not protect anyone against taxes OR capitalism.
If you think Prop215 defends you against capitalism, we shall soon see. Watch the news from Oakland.
And the no-on-prop19 people are not like my enemies. I mean not any more than any other anti-legalization person.
Everyone has their reasons. Mostly people had fear that they would lose their lifestyle as they new it. Nitch market, lots of profit.
Once growers started seeing the easy cheese leaving the bank, they decided to go no on prop19. I even interviewed people in Humboldt about it this year.
The problem for me, is they werent looking at the big picture.

The recreational market, and the tourism would have increased demand. And when demand is increased, prices do not go down!


Should be Legalize parody of Emimen