STOP the madness! Some "Legalization issues" addressed.

This post will be long, but it will not be rambling.

I have seen the complaints about legalization from people that are generally pro-marijuana and from people who are anti-marijuana. I have seen the fears of those who make profits off of it's illegality as well as genuine concerns about price/taxes and/or quality.

STOP THE MADNESS.

Growers/Black market distributors: Legalization provides for you an opportunity to leverage your skills and knowledge in a legal market. It offers freedom from arrest and prosecution. You like to pose your anti-legalization as concern about prices and quality. Stop being dishonest. We know what you're really worried about, your business.

People with genuine (although misplaced) concern about quality/price: I understand where your worry comes from. The worry about commercialization, additives and taxes/price are common fears. These are basic and understandable questions. We will take a look at these below.

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HYPOTHETICAL/"FULL" LEGALIZATION:

Let us take a look at the desired hypothetical situation:
Marijuana is treated just like beer (or other non-distilled forms of alcohol such as wine, cider, mead) is.

This means several things happen.
1.) It is legal to possess (in any amount) for those age 21 or older.
2.) A permit is required to sell. No sales shall be permitted to take place to those persons under the age of 21.
3.) Sales are taxed at a rate decided on by the Fed, the State, and local authorities.
4.) It is left to the states/counties/municipalities to decide the matters of issuing permits, availability, etc..

QUALITY:

Let us now take a look at the state of commercial beer. The market IS dominated by large producers of swill such as Budweiser and Coors (aka commercial-brews). However, as we all know, there are tons of top quality, smaller scale producers (aka micro-brews).

This would be the same with marijuana. Would large scale producers make up the bulk of the market? Probably, yes. It is the SAME WAY now. The vast majority of people in the U.S. already smoke lower grade/mexi/commercial weed. I doubt this would change. Instead of smoking mexi-brick, these people would turn to whoever the national brand is churning out loads of (relatively) poor quality cannabis.

However, those with a more demanding taste/palette look to micro-brews. This would also be the same should legalization occur. Those of us who demand QUALITY bud, will still be able to get it. Will it cost more than the commercial? Yes, of course. It does now with both marijuana and beer. This will continue.

As for "homebrew" or "growing your own".
Homebrewing beer is still illegal in some states. The 21st amendment to the US Constitution leaves the status of homebrewing predominantly with the states. In my state, it is legal to produce 200 gallons of beer per yr without a license to manufacture. 200 gallons is about 1600 16oz beers or 30 16oz beers per week or about 4.5 16oz beers per day.

Obviously, the quantity is not directly relative to an amount of cannabis, however it does show us a few possibilities with regard to our hypothetical. For one, it shows that I cannot (legally) manufacture it for sale/distribution without a license. It shows us that while I can "homebrew", I may not be able to (legally) produce all the "beer" I might consume in a yr at home. To make up the difference, I would need to purchase at least some of my "beer" from either a micro-brewery or from a commercial one.

PRICING:
With beer, you pay taxes on every purchase. With every purchase you pay an excise tax. In most states, (47) you ALSO pay state sales tax.

Don't fool yourself. With the current (illegal) market, growers and distributors are not simply paying for the cost to produce (CTP) and a little bit of profit on top. RISK is priced in. If you take out the risk, the price goes down.

CURRENT ILLEGAL PRICE = CTP + RISK + PROFIT
"FULL" LEGAL PRICE = CTP + TAX + PROFIT

All in all, chances are, price will not go up a single bit. They will stay the same or drop (CTP would most likely be less as certain equipment such as carbon filters would not be necessary. Cost of lights/nutes and other things may spike initially as demand outpaces current supply but would quickly level back to previous levels and would most likely even decrease overall soon after that) .

WHAT WOULD THIS ALL MEAN FOR US (us as in ALL USERS - not just a segment)?

Well, honestly, NOT MUCH (except the most important part). It means no more arrests or prosecution for possession, at all. It means states/counties/municipalities may have differing laws regarding manufacture/sales, taxes on sales, etc..

The future for producers is basically the same as it is now. Except you get a legal business instead. Instead of hiding and facing the threat of arrest, you have some legal hoops to jump through, but once past them, you are free from prosecution and arrest. You continue to make a living doing what you love. You can start your own "micro-brewery" or work for one. Or you could go work for a larger more commercial operation.

For distributors, the same thing. You jump through a couple of hoops and set up shop/store/coffeshop/whatever.

For homebrewers, you produce your own as much as legally possible, but you may (or may not) need to supplement by purchasing a taxed micro-brew or a commercial brew from a distributor permitted to sell such a product.

For consumers. It means being able to buy cannabis like you do beer or any other product. You can choose the cheaper commercial stuff or the more expensive high quality stuff.

EVERYTHING BASICALLY STAYS THE SAME EXCEPT PEOPLE AREN'T GETTING ARRESTED FOR IT.

Growers will still grow.
Sellers will still sell.
Buyers will still buy.

All in all, rather than an end to anything, legalization only affords OPPORTUNITY. Rather than an end to quality cannabis, it merely offers legitimacy.

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Hypothetical over, let's talk about the current California proposed initiative for a moment.

Now, as to the current proposed initiative in California. The proposed initiative in California does NOT LEGALIZE. What it does is further decriminalize. It is also kind of sloppily written, more on that in a moment.

It merely removes any penalty for possession of 1Oz. or less.

Beer is legal. Right now, I can purchase and possess as much of that beer as I want. I could buy and posses 1case or 100cases or 1,000cases and not be subject to arrest or prosecution if I so desired.

The proposed initiative does NOT do this. All it allows me to possess is 1case. If I have two cases, I get arrested. That is NOT the "full" legalization.

The proposed initiative only allows for 25sq ft of garden (5ftx5ft) and only possession of 1oz of usable cannabis. For someone like me, this about a 1.5 to 2-week supply.

Think about that. A 5x5 area but only 1oz.. Obviously whoever proposed this initiative does not have a sense of what a reasonable amount is.

It does state in Section 11300(a)(iii) that it would be lawful to
"Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption."

Which, I assume, means that it would be lawful to possess in quantities more than 1oz., so long as it was grown on the premises pursuant to Section 11300(a)(ii) - (25 sq ft of garden). Something tells me that this would have to be clarified by the courts.

And this is where the proof is that this is NOT LEGALIZATION. Not even close. It is just *further* decriminalization.

What this is, is a toe in the water. The state is trying to gauge how much revenue might be generated by FULL LEGALIZATION. However, their method is flawed. Full legalization would generate much more (possibly exponential amounts more) than the amount this initiative is meant to gauge.

I could get into all of the possible revenue saved/generated by "full" legalization but I've gone on enough for the moment.
 

ultimate buds

Well-Known Member
ok an now back to reality !!!
im in the uk, its not legal, it wont be legal for a long time yet,
so less talkin more growin an remember the no, 1 rule dont tell any 1
 

MacGuyver4.2.0

Well-Known Member
California is simply 'testing the waters' with regards to the FEDS. They know full well that the Federal gov CAN take away federal monies if they go ahead with FULL legalization. The feds put a lot of money into schools, highway projects and other federally funded projects. What? You thought ALL of that money came from your state taxes? Think again. So in short, CA is testing to see how far they can go before the gov pulls their plug, essentially shutting down the state even further. Remember cannabis is STILL classified as a Schedule 1 drug (stupid as that is) and the FEDS will use that as their excuse to make an example of CA. The DEA and the whole prison system exist solely to incarcerate people for 'drug' offenses. You take away their reason for being and the gov will react negatively, I guarantee it. :(
It will be very, very interesting to see how this all pans out...
 
California is simply 'testing the waters' with regards to the FEDS. They know full well that the Federal gov CAN take away federal monies if they go ahead with FULL legalization. The feds put a lot of money into schools, highway projects and other federally funded projects. What? You thought ALL of that money came from your state taxes?
Correct. Also, the fed then redistributes money. This is why CA, NY and other "blue" state liberals get pissed when they see their state get taxed at a higher rate and yet "red" states get proportionately more in "federal" funds. Basically, blue states get taxed more, red states GET MORE.

Think again. So in short, CA is testing to see how far they can go before the gov pulls their plug, essentially shutting down the state even further. Remember cannabis is STILL classified as a Schedule 1 drug (stupid as that is) and the FEDS will use that as their excuse to make an example of CA.
Contrary to popular belief, this has less to do with the federal government and more to do with international U.N. treaties (namely the U.N. Single Convention Treaty on Narcotics of 1961, among others). Basically, there is NO WAY the FEDERAL government COULD "fully" legalize cannabis. In order to do so they would have to either
A) withdraw from the applicable treaties and then resign with "reservations".
B) withdraw from these treaties completely.

Since California is not a "participant" or "signer" of this treaty, it does not specifically apply to CA. CA, however, IS a "participant" of the U.S. Constitution and as such could "fully" legalize it (at the STATE level) and still be in accordance with their State Constitution and the U.S. Constitution. Leaving the FED to worry about its own treaty obligations.

This does many things.
1) It saves the state from having to spend any revenue currently to arrest, prosecute and incarcerate offenders for this. (the prison lobby is very strong - strongest in the state)
2) It garners the state revenue through taxes.

If the fed wants to enforce, prosecute, incarcerate this means they would then be forced to do so using their own revenue/resources. The fed isn't/can't going to do that to the extent which states now do.



The DEA and the whole prison system exist solely to incarcerate people for 'drug' offenses. You take away their reason for being and the gov will react negatively, I guarantee it.


There isn't much the fed gov could do about it. The DEA could, theoretically, target CA more but even they can't really do that. They have depts and budgets and areas of operation. They work at full capacity. There is no way that they could remove DEA resources from another state (say, FL) to put on CA without a fight from the DEA FL. DEA FL, would be none too happy about *their* budget/resources being taken away and moved to CA.

I wouldn't say the entire prison system exists solely for drug offenses, but I know what you mean. In any event, the DEA still has plenty of other things ("drugs") to worry about, I would be surprised if it affected their overall budget much, if at all.

Perhaps I wasn't being clear when I was talking about "full legalization". I meant that as a guideline for state(s) legalization.

As I've said, there is no way the Fed could do this without at least temporarily withdrawing from certain treaties which they will not do any time soon.

However, there are end-arounds similar to what the Netherlands does. Basically what that would look like here would be that at the state level, states could Legalize. At the federal level, it could be formally decriminalized (and/or "tolerated"). This keeps the fed in accordance with their treaty and allows states to re-evaluate their revenue structures. Obviously I don't think we are there yet with regard to fed law. However, there is hope in that regard as well.

What is referred to as "political will" is growing for this both in the halls of Congress and more importantly, nationally. The more people push for this, and demand it from their elected representatives, the more "political will" there is at the federal level to do this.

Jim Webb introduced a bill to form a commission whose goal would be a comprehensive review and recommendations for an overhaul of the criminal justice system. Although it may be a wolf in sheeps clothing type of deal, there is *some* reason to say that this *may* turn out to be a good thing. For one, along with the old police/prison lobbies who have dominated this topic forever, the committee members included organizations such as the NAACP, ACLU, CATO institute, etc. in their dialogues.

Add to that the fact of future budget predictions/obligations/shortfalls/etc and there is a teeny tiny level of recognition of change in this area is needed coming from Washington.

In 2008 there was HR 5843, a bill to remove federal penalties for possession of 100gr or less introduced by Barney Frank and which had 8 cosponsors. In 2009, he introduced the same bill (HR 2943) and got 10 cosponsors.

:(
It will be very, very interesting to see how this all pans out...
Although slow at all levels (*especially* federally) there are some signs that we may be able to change things with regard to this. The key is pressure.

Political pressure must grow to higher levels. That pressure must be kept on year after year. There is no "victory" in sight, to be sure.

But in order to keep even slight movement at inching towards anything....it is our job as citizens to make sure that political will and pressure be mounted that is stronger than that of the entrenched lobbies.

The minute we rest, or look away for one moment, is when momentum starts to slip back to the entrenched lobbies.
 
21 or older my ass i started smoking pot at 14 and knew kids who smoked sense 10 so they can go fuck themselfs damn police.
 

Cozzle

Member
Re Price: not only will it not go up, but it should go WAY down, even considering the $50/oz tax. Clearly, the illegality of the whole operation is the real cost you pay for when you buy weed. If weed weren't illegal, it shouldn't cost THAT much more than lettuce.

You mentioned:
" EVERYTHING BASICALLY STAYS THE SAME EXCEPT PEOPLE AREN'T GETTING ARRESTED FOR IT. "

Maybe in the long run you are right: give it enough time, and the black market cultivator-turned consultant and businessman may have a shot at competing with the larger cultivators/retailers. However, in the short term, individuals and entire families that rely on the (illegal) marijuana cultivation/sales market will be shit out of luck, if that's their only income stream.
 

BadAndy

Well-Known Member
Great posts and convincing arguments on both sides. I am finally glad to be on a board where people can express themselves.
 

KlosetKing

Well-Known Member
very nice post, for both sides.

iill be honest though, i HATE those humboldters that fight legalization. dont get me wrong i understand that it may take food of some peoples tables, but, that's no reason to fight it. i am sorry but if growing and selling large amounts of pot is your lifeline, you need to get a REAL job, something your paying taxes for, especially if you have kids. there are plenty of growers out there that don't have families and sell. they are only putting themselves at risk and hey that's their prerogative, but if your feeding your family by dealing drugs, you need a wake up call. your putting your family at risk and putting your children in danger.
 

ford442

Well-Known Member
i still must say that i think the disagreement over the black market profit is not the heart of the issue if we are talking about making the laws more compassionate for everyone involved..

letting anything have an incredibly inflated black market value leads to more serious crimes than someone having ill gained money..

even in my peaceful community a man was shot last week over nothing more than a large bag of weed.. every 30 minutes or so someone right across the border in Mexico is shot, chopped up, stuffed in a bag with other remains and thrown into the street for someone to find in the morning... we can stop these things simply by removing the black market value of marijuana and i think this may be a motivating factor in how the pro-pot movement has been moving fast lately at state and even federal level.. it is actually a life or death issue.. it is a life or death game to allow black market trade to go on when there is not a true need for it..

just to back up my point - i heard Arron Houston say the other day that a full 70% of Mexican cartel profit is in smuggling marijuana into the USA.. i calculate that to be around $84,000,000,000 every year - $30,000,000,000 of which they need to bribe officials each year to continue their operations.. so cut that out and they are virtually broke.. another consequence of this - far less meth for the US! i have heard from reliable sources that Mexico is actually the biggest player in supplying methamphetamine for the entire united states to rot our teeth and brains... so without their gigantic profit - why bother smuggling hard drugs when they were only 10% of their profit to begin with..? maybe they will just go back to being farmers..! :blsmoke:
 
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