Dec 07 2010

Just say “No” to Los Angeles medical marijuana tax


Dennis Peron at Oaksterdam U

The following was submitted Tuesday, 06 Dec 10, at about 4:20 pm to The City and County of Los Angeles California, on behalf of its authors Dennis Peron, Leland Cole, and Richard Eastman.

To tax medical marijuana is not consistent with the federal laws of the United States that protect the rights of lower government authority to raise taxes, as marijuana remains an unlawful substance under federal law .

Such taxation, be it through a local ballot measure and/or legislative action such as ‘ the binding over and bringing into law of a cannabis tax’, would expose lower government proponents of such unlawful state legislation to charges of “personal criminal culpability” under the federal laws of the United States, just as warned by federal authorities regarding the binding over of previous state medical marijuana legislation in California during the Clinton administration.

Additionally, the people of California in voting overwhelming to pass into law rights of certain patients to gain access to marijuana for medicinal use, have clearly acknowledged their view that marijuana is medicine and, therefore, should not allow a medical marijuana tax, as no other medicine is taxed that is a prescription medicine and/or a medicine where a doctor with state certitude writes a recommendation as a requirement to have access to the substance; for to create such a marijuana tax would be to more than imply that marijuana is not medicine, which clearly violates the view and intent of the people of California in their attempts through the passage of prop 215 and subsequent legislation to guarantee access to cannabis substances for certain exempted categories of citizens.

Such a tax as this one would put the State of California at odds with itself, its people, and the federal government, and the most vulnerable citizens among us.


David Malmo-Levine of The Herb Museum in Vancouver was also involved in the production of the above statement.

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