Articles Tagged: sales tax

Appeals Court Sides with Spokane Dispensary owner Scott Shupe

December 21st, 2012 | By Pirate

Spokane Medical Marijuana provider Scott Shupe was charged with drug trafficking in relationship with his business “CHANGE”.  CHANGE located itself only blocks from the police department, in a nicely located, commercial/retail building which was very out in the open.  They obtained business licenses, paid retail sales tax, and operated professionally.  They would even take back any medicine that was not satisfactory with no questions asked.

In late 2009 the owners and some associates of CHANGE were arrested and charged with drug trafficking.

In late 2012, in fact just today the charges and ruling was reversed and Scott has been vindicated!

http://www.spokesman.com/stories/2012/dec/11/apeals-court-sides-pot-dispensaries/

I am so happy for Scott Shupe, and this totally turns my attitude around about Washington state.

In this court case they did reference one thing incorrectly.  After SB 5073 (which was after the CHANGE case started in 2009), the serving “one patient at any given time” provision was struck from 69.51 WCA.  Section 404 of SB 5073 destroyed this defense that obviously worked to the benefit of Scott Shupe.

I do not think this has anything to do with I-502.  I think Scott’s case is being judged under the laws of 2009, and the state laws of 2009 were in Scott’s favor.

Those same laws would not apply to anyone in this day, because SB 5073 destroyed those protections.

But this is something to build on for sure.

Devils advocate; Prop19 does not exempt cannabis medicine from taxes

August 22nd, 2010 | By Pirate

This is the statement I often get from opponents of Prop 19.


“Proposition 19 does not exempt patients from taxes”


My answer:


If Proposition 215 doesn’t already do that, then Proposition 19 won’t change anything.


Medical marijuana is already technically taxable in California.


At present only a portion of the state’s 200-plus medical cannabis dispensaries pay sales taxes. In principle, medical cannabis is subject to sales tax under current Board of Equalization rules, which exempt only drugs dispensed in licensed pharmacies by a physician’s prescription. However, many patients’ groups contend that sales tax shouldn’t apply to non-profit cooperatives and collectives.

http://thebleak.com/MedicalMarijuana/420/?tag=proposition-215


So that is a reason for another new initiative.  If people want marijuana to not be a taxable substance for patients, then they need to step up to the plate and make that happen.  Because medical marijuana, unless prescribed via a pharmacy with DEA drug scheduling, etc, is not presently exempt from taxes.  So again, Prop19 doesn’t change Prop215.




Why should marijuana dispensaries support Prop 19

July 13th, 2010 | By Pirate

I put together this video of what I believe marijuana dispensaries have interest in legalizing marijuana via Prop 19.

I have to admit there are things that I don’t like about Prop 19 myself.  I dont agree with the age restrictions, and some of the growing restrictions.

However a $5000 license is not very restrictive when considering the profits from dispensaries.


We have had dispensaries get pissed about how I would like marijuana to be legalized because they see themselves losing control of the marijuana market.   They commonly say that legal marijuana will make prices go down.  I disagree.   Dispensaries are currently limited to medical patients with a valid, and expensive doctor’s recommend.   But when California legalizes marijuana, the recreational market, the tourism market and the medical market will all open up drastically more than it currently is.


I also point the dispensaries to two very legal products.  Saffron which has no legal restrictions has a price comparable to prohibition prices marijuana.   Also look at wine. These two products are grown by family farmers are are very very expensive still, despite their status as being legal.

Also look at the profits and the jobs that will come from the hemp market.  We currently have to import all hemp from out side the USA. If we grew it here, we would be exporting it to others!  That will put a lot of folks back to work in all areas of society.


Look at the Netherlands, a good portion of their tourism comes from cannabis cafe’s.  I personally visit Vancouver B.C. for the purpose of experiencing the Cannabis Culture Vapor Lounge.  It’s amazing!  Just think if people were flying into LA from other countries to experience our cannabis cafe’s!  Lots of people of all walks of life would be finding employment and benefits from this legal market.   Even those who don’t toke will see the benefits in the form of sales tax.


This is a the video I made, followed by a video on this topic from Reason.Tv