SB 5887... New bill to tax medical growers and license dispensaries with liquor board

colonuggs

Well-Known Member
The bill will help the state squeeze every dollar they can out of the industry and this bill will make it alot harder for people to get a card

March 27, 2013

Three state senators have filed a bill to force medical pot dispensaries to get licensed through the Washington State Liquor Control Board—just like legal pot retailers. Senate Majority Leader Rodney Tom introduced SB 5887 earlier today, co-sponsored by Republican Senators Seve Litzow and Ann Rivers.

The bill would apply the legal pot licensing scheme to medical pot, but dispensaries would be restricted to serving authorized patients only. Growers would be required to pay a 20 percent excise tax on medical pot products, which would also be exempted from retail sales tax. The deadline for compliance would be August 31, 2014.

The bill would also put additional restrictions on health care professionals who authorize the medical use of cannabis. Pot docs would be required to include the pot recommendation in patient health care records along with a specific diagnosis of the "terminal or debilitating" condition which allows for it. They would also be forbidden from co-marketing with dispensaries, and they can't operate an "authorization mill" that provides no other health care services.

Senator Tom is in a "higher education" session for the next hour at least, and was unable to comment. Senators Litzow and Rivers were similarly unavailable for immediate comment.
 

ReefBongwell

Well-Known Member
WTF??? Why screw the growers but not the dispensaries??? Without the growers there'd be no medicine at all. Seems like WA is determined to legislate the black market to remain in existence. They are really trying to force people out of the medical... hopefully people will raise a ruckus over this and make sure it doesn't get passed.
 

silasraven

Well-Known Member
love the fact that you have to offer more than pot at a MEDICAL facility. maybe if people would listen to THERE IS MORE THAN ONE TYPE OF PLANT THAT CAN HELP. it would make a whole lot of easier. but they also need to get with having the whole state legal to have dispensaries, spokane suchs so bad you find a good guy and then him be paroniod because you leave the door closed on your grow space. that place is so twisted its not even funny.but to have washinton with 20% tax is bull shit. but they would put it on the license in the first place. well have fun with washington while you still can. looks like shits hitting the fan.
 

Fenian Brotherhood

Well-Known Member
WTF?? Seems like WA is determined to legislate the black market to remain in existence.
Yes and No. You See, if they get rid of growers by taxing them to all hell, what do you think they'll say? Screw that it's cheaper to BUY it. It's all about the money. We grow it, they get money, we don't wanna grow it we buy it they get money. It's a never endin circle. I told everyone to not vote for the I-502.... Atleast some had the right state of mind
 

ricky1lung

Well-Known Member
It is just like anything else. The suppliers will keep supply, the gov will get their cut and the added costs will be funneled down to the consumer.
 

ReefBongwell

Well-Known Member
No, I think the growers are going to say screw it, I'll sell on the black market -- which defeats the point of the regulatory system. Almost like they're designing it to fail....
 

Fenian Brotherhood

Well-Known Member
No, I think the growers are going to say screw it, I'll sell on the black market -- which defeats the point of the regulatory system. Almost like they're designing it to fail....
No No No No No, you're thinking of Cash Croppers. They will do what they always do, but were talking about Patients who grow for personal use. If they get taxed on top of what there equipment cost, electricity Ect Ect, they will say fuck that and just buy it. Saved them the headache.

Cash Croppers won't be Taxed because their growing off grid anyways. So unless the Ganja in Safeway will be 10$ a oz. Everyones going to the White Market
 

ricky1lung

Well-Known Member
No, I think the growers are going to say screw it, I'll sell on the black market -- which defeats the point of the regulatory system. Almost like they're designing it to fail....

Why would they go back to risking being illegitimate? There may be some that do it but the real business persons will
carry on with reduced risk and funnel the shortcoming down to the consumer. People wont want to risk freedom more than they have to.

They are doing it to rid the market of micro growers, paving the way for large scale operations to gain a monopoly and a strangle hold on the industry IMO.
Small business has more trouble in a market geared toward major corps. IMO this is starting the process giving the big guys the upper hand.
 

Fenian Brotherhood

Well-Known Member
I don't necessarily agree with that Statement.

Which is why, every grower I know legitiment/illegitimate, is storing their Pot. Because this time next year, it will be 3x the price it is now. Wether you're small time or Big don't matter. Everyone with Cannabis is going to make a Big Buck. Wether it be legitimate or illegitimate.
 

ricky1lung

Well-Known Member
I don't necessarily agree with that Statement.

Which is why, every grower I know legitiment/illegitimate, is storing their Pot. Because this time next year, it will be 3x the price it is now. Wether you're small time or Big don't matter. Everyone with Cannabis is going to make a Big Buck. Wether it be legitimate or illegitimate.
That sir is exactly my point.
There is big money to be made, by forcing the small grows out with taxes and regulation it leaves a larger
market share to the corps with throw away money at their disposal.

The black market will always exist if it is never fully legal, those who dont have a card will still be forced to
the dealer that is not legit.

The fuzz will still be busting the guys who are not legit, while the people who stuck with the program are the ones
who will continue to thrive until the Walmart of weed finally forces them out. Some people will get really big and ride it out
but in the end IMO there will be few who are mainstream in the grand scale of the legit scheme.
 

Fenian Brotherhood

Well-Known Member
That sir is exactly my point.
There is big money to be made, by forcing the small grows out with taxes and regulation it leaves a larger
market share to the corps with throw away money at their disposal.

The black market will always exist if it is never fully legal, those who dont have a card will still be forced to
the dealer that is not legit.

The fuzz will still be busting the guys who are not legit, while the people who stuck with the program are the ones
who will continue to thrive until the Walmart of weed finally forces them out. Some people will get really big and ride it out
but in the end IMO there will be few who are mainstream in the grand scale of the legit scheme.
Welcome To Washington :)
Do You Want That Kush In Paper Or Plastic? LMAO
 

lerellion

Well-Known Member
It will never work, Even if they require you to register your grow with a medical agency, who really is going to, I sure as hell won't.
 

colonuggs

Well-Known Member
if you grow medically... they probably will require the dispensary to give you a receipt & give you a 1099 yearly for the meds you get paid for

20 % isnt bad....... considering the feds will take around 35%.... so 55% of your money is gone to taxes
 

Fenian Brotherhood

Well-Known Member
And there basing it off of...? Please don't tell me a Pound a plant!!!

I saw this in CA, a picture of a 2ft tall plant and under it it said: A POUND OF MARIJUANA!

I was like.... Speechless
 

SunJ

Member
Voting Yea: Senator Angel, Bailey, Baumgartner, Becker, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Fain, Fraser, Hatfield, Hewitt, Hill, Hobbs, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, McCoy, O'Ban, Parlette, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Tom

Time for them all to be removed at the ballot box!
 

OGEvilgenius

Well-Known Member
It's really sad that it's come to this. The plant should be free for anyone to grow (as much as they want to grow). Do not accept half measures. Ever.
 

colonuggs

Well-Known Member
[h=5]Here's what I have so far on the latest version of 5887 with all the new amendments...
Sec. 1 changes the name of the LCB

Sec. 2 amends the controlled substances act, forcing a 2/3rds majority floor vote in both houses. Limits marijuana infused products to a limit of 20% marijuana. Adds retail sales of concentrates. Ties the Medical Cannabis Act directly into the Controlled Substances Act, so if I502 fails court challenges, the medical act fails as well. Also sets up a dangerous precedent in adding a definition for "CBD Content" to the Controlled Substances Act when there is no reason for it to be in there and no corresponding definition for what CBD. This substance does not belong in the Controlled Substances Act.

Sec. 4 removes the protection in I502 of medical patients having their cannabis seized, confiscated, destroyed or donated to law enforcement.

Sec. 5 puts the LCB in charge of determining how many LCB licensed stores with medical endorsements will be allowed. This number will only be reflected by how many patients are in the registry, not the actual of patients who use cannabis. It also put the LCB and Dept of Agriculture in charge of determining which "grade, condition, cannabinoid profile, THC concentration, or other qualitative measurements" are deemed appropriate for medical use (9). Paragraph 10 and 10(a) conflicts with itself since cannabis is illegal federally. Subparagraph (c) puts the LCB in charge of making "medically and scientifically accurate information" with no qualifications to do so. Also, (13) sets up the LCB to determine methods of identifying black market cannabis and giving the ability to seize, confiscate, destroy and donate for law enforcement training.

Sec. 7 Only patients in the registry can buy the low THC content products. This makes hemp products a controlled substance without being scheduled for LCB stores. It also gives them authority to determine what cannabinoid levels and which products will be determined "medical" with no medical qualifications to make these determinations.

Sec. 9 sets limitations of 3 ounces for retail purchase by patients

Sec. 11 gives a 25% tax exemption on retail sales end only if the patient is in the registry.

Sec. 12 appears to turn over patient records to the Dept. of Revenue in subsection (2)

Sec. 14 Gives tax money to local jurisdictions while moratoriums are in effect, giving no incentive for local jurisdictions to actually allow a medical or recreational store. Also provides funding for low income and mental health services, not proper research into the beneficial medical uses of cannabis. Stupid question: Doesn't Obamacare cover low income and mental health?

Sec. 15 changes or creates the "Basic Health Plan Trust Account" to the "Basic Health Services Account". Not sure if that changes the name or creates a new one. Another stupid question: Where does the old one go if this is a new one and what does this have to do with cannabis specifically? Probably a name change.

Sec. 16 Sets up the state cartel distribution of funds for local jurisdictions to buy in to the I502 system. This also basically allows jurisdictions to "just say no" and continue their bans on patients and other cannabis users.

Sec. 17 sets is funding for the UW and WSU to conduct scientific research and create guidelines for on the efficacy and safety and the appropriateness of administering cannabis for medical treatment. This does not take federal scheduling issues into consideration since these schools rely on federal funding. And under the law, schedule one drugs are not allowed to be studied for any use that is for legalization or in finding the beneficial medical benefits. See
Title VII Office of National Drug Control Policy Reauthorization Act of 1998: H11225. The current law is in place to protect the personal, individual decision, based upon their health care professional's professional medical judgment and discretion.

Sec. 19 raises the age of designated providers from 18 to 21.
Designated providers and qualifying patients must be part of the registry. Automatically makes parents designated providers, so must be in the registry (easy target for CPS). Forced cancelation of all current authorizations by September 1, 2015. Ties the medical Act directly to the Controlled Substances act definitions for registry cards, marijuana and infused products, producers, processors and retailers, so again, if this thing crashes from federal challenges, all access is lost under the current system. Defines public places where medical cannabis can be excluded.

Sec. 20 gives the Department of health full control of defining how medical cannabi scan be used, whaty defines "terminal or debilitating conditions AND intractible pain without any medical or scientific guidelines to use in making these desicions! Again, the current law is in place to protect the personal, individual decision, based upon their health care professional's professional medical judgment and discretion.

Sec. 21 forces health care professional to register their patients and get zero protections if they don't. Only "principle provider or specalist directly referred by the principle provider" may authorize patients. What the term "principle provider" means is not known as it is not defined. Veterans and others on Social Security who rely on federally funded health care proffesionals are out of luck as they will not risk losing their medical license or their clinic/hosptial federal grants. It's still a schedule one substance and now we are declaring both over the counter and with medical value, obviously completely at odds with the state and federal schedules. This section looks like even talking about marijuana needs to be documented in the patient medical record. the doctor must also document that they tell the patient about other medical options It also forces people with life long conditions to retrace their life history and come up with documentation of everything that has been tried before using cannabis to treat the condition. This is impossible for most people who are older than today's easy access electronic record keeping. Prevents a doctor authorizing cannabis from making house calls. Allows doctors to be in the business of selling cannabis if they are not authorizing it.

Sec. 22 makes it so a registered patient can have 3 flowering plants, but can only have up to 15, but it is not clear if that still only means 3 in flowering. No matter how many plants you get authorized for, you can still only have 8 ounces. And it all has to be entered into the registry.

Sec. 23 sets up a work group to determine authorization guidelines. I don't get it. Didn't they set up the UW and WSU to do this in section 17? Plus it is another Work Group hand picked by the governor's office. Another work group leads to secret, behind closed door policy making just like what put us in the position we are in right now. Again, the current law is in place to protect the personal, individual decision, based upon their health care professional's professional medical judgment and discretion.

Sec. 24 is a dream come true for Child Protective Services (CPS). Not only are the medical records in the registry, but they are a mandatory part of the child's medical records. Also, health care physicians are forced to consult with other health care providers involved in the child's treatment, as medically indicated, before authorization or reauthorization of the medical use of marijuana. This section is guaranteed to be abused by non cannabis friendly health care workers and everyone with access to the medical records in the clinics and hospitals and will prevent pretty much any child from getting the ability to use cannabis. This will force parents into the black market and leave them stained in the child's record for even attempting to speak about it since all conversations are required to be made part of a patient's record.

Sec. 25 gives law enforcement access to the registry without having to get a warrant. It also gives it to other "persons authorized to prescribe or dispense controlled substsances" access. It also gives it the retailer, the LCB, Dept of Revenue, Dept of Health and your health care professional's disciplining authorities. Also, patient must go through the entire examination period every single year or they lose their status and arrest protection, even if it is a lifelong illness.

Ssec. 27 removes marijuana licensee applicants from public disclosure.

Sec. 28 changes enforcement authority from peace officers to law enforcement, meaning LCB has police powers over cannabis and can decide to seize, confiscate, arrest or not to. Arrest protection only for registered patients. Sharing a joint is grounds to seize, confiscate, arrest, prosecute and eliminate your qualifying patient status.

Sec. 29 sets up a 4 person cooperative that must be registered with the LCB and must be located in one of the 4 patient's homes. All participants must provide labor. Security measures may be adopted and enforced by the LCB. Home inspections by the LCB.

Sec. 30 only allows an affirmative defense for people in the registry who exceed possession limits. No affirmative defense if you are not in the registry.

Sec 32 prevents medical use of cannabis in public, however makes the false hope that kids may be allowed to use it in schools if their policy allows it. (AS IF!!!) No criminal supervision, employment protections.

Sec. 34 allows the Dept of Health to never remove a designated provider's name from the registry, even if they stop growing completely if they decide never to pass a rule to do so.

Sec. 38 removes current arrest protection for EVERY patient in the state of Washington as decided in the State vs Kurtz ruling back in Sept. of 2013. Valid documentation may not be issued by a health care professional after July 1, 2015. There will be forced expiration of all current authorizations on September 1, 2015. You will also be limited to an affirmative defense for being a patient and for exceeding the 3 flowering plant and 3 ounce limit.

Sec. 39 sets up a task force hand picked by the governor to review the laws and practices, with no implementation plan for any conclusions.

Sec 42 repeals collective gardens and the affirmative defense for those not on the registry.

Are you ready to kill this thing yet?

[/h]
 
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