Chicken Little Was Not All Wrong… The Sky Is Indeed Falling, Sort Of

The Trump Administration is fucked up. I cannot think of a more kind way to say that.

Every day I wake up to another news piece about these assholes getting people to trade their freedoms for the perception of “making America safe again.” From demonizing Mexicans and Muslims to justify building barriers and excluding people from certain nations, to declaring every media outlet besides Fox News as the enemy, the reality is that we are pretty fucked. These dudes are willing to lie, cheat, and steal to get what they want and the results will be a disaster for this Country for years to come. It is hard to see how anyone could believe that the sky is not falling at this point. These dudes are dead set on making the Book of Revelations a reality, and seem to welcome Armageddon with open arms.

Ever since Donald Trump announced his pick for Attorney General was Jefferson Beauregard Sessions I have been skeptical about the future of the cannabis industry. Many people who I associate with in this industry have accused me of overreacting, and have chosen to take the extremely optimistic position that the new administration would just leave weed alone.

They have justified this argument by stating that, “there is too much money being made for them to crack down on the industry” to which I responded that there is a hell of a lot of money in prohibition and locking people up for weed. The Drug War rages on not because it is good for society… It rages on because there are a lot of people making a lot of bread. Just look at the stocks of private prisons, as Sessions announced that the Feds would begin using them again in anticipation of the need to lock a bunch of more people up. Law enforcement, drug testing, legal costs, rehabs, and many more industries make A LOT of money from weed prohibition. It is laughable for us to believe that our petty tax revenues would somehow deter the Feds from going back to full blown enforcement of the Controlled Substances Act.

Others have stated that they believe the new administration would be too busy with immigration to focus a lot of time and energy on marijuana enforcement. I reminded them that we have a whole department called the Drug Enforcement Administration dedicated to enforcing bad drug laws and locking people up for weed. The administration is also working on hiring at least 15,000 new border and ICE agents to manage the immigration enforcement, so they are increasing their bandwidth to meet the demands of mass deportation and immigration enforcement. Do not believe for a second that if Mr. Sessions decides he wants a full frontal attack on the weed game that they will find the money and the people to pull it off.

It is hard for me to see how then Senator Jeff Sessions could berate the Obama Justice Department just last April for not enforcing the Nation’s marijuana laws in states where it is legal, and then not do something about it now that he has the job. He stated, “we need grown-ups in charge in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it’s in fact a very real danger.” That does not sound like a guy who is going to take a hands off approach to the marijuana industry. Listen to him for yourself.

SENATE HEARING APRIL 2016

I have been walking around for the past couple of months feeling like Chicken Little telling fools that the sky is falling when in all honesty it is anyone’s guess what will happen. Unfortunately, my gut feeling is that we are pretty fucked. I anticipate nothing but sleazy underhanded manipulation from these fuckfaces that ar running the show for at least the next four years… not just with weed but with everything. The whole deal just feels super gross. It is hard for me to stomach that this is where we are really at as a nation. Ugh.

Then we got some confirmation of Trumps’s dastardly plans yesterday from Sean “Big Spicey” Spicer, the Press Secretary for the White House. He enlightened us as to what we can expect from the Trump Administration regarding weed laws… sort of. In a press conference, when asked about the Administration’s position on enforcement of marijuana laws in states where it is legal the response was pretty ominous to say the least. Big Spicey seemed to believe that there would be a reckoning coming for the “recreational” weed industry:

“There’s a big difference between [medical marijuana] and recreational marijuana and I think that when you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing we should be encouraging people ― there’s still a federal law that we need to abide by when it comes to recreational marijuana and other drugs of that nature,” Spicer said.

When asked if the federal government will take action around recreational marijuana, Spicer said, “That’s a question for the Department of Justice. I do believe that you’ll see greater enforcement of it. Recreational use … is something the Department of Justice will be looking into.”


Spicer did seem to give a glimmer of hope for medical marijuana, while in the same breath likening recreational marijuana to the opioid crisis that we see straight up killing people right and left around the Nation. Dsfuck? That is pretty spooky to hear. Good to know we are being compared to that epidemic. Another policy apparently based on “alternative facts.”

This abstract policy statement from Sean Spicer is especially troubling for businesses that have heavily invested into the adult use sector of the industry, as well as those who are employed by these businesses. In California, it is a real kick in the nuts given that we just passed an adult use law and have not even begun to license these businesses. The party might be over before it ever began. It is truly scary to think that we could go back to a time where raids happen every week, and people get locked up for draconian prison sentences for operating legal and transparent cannabis businesses doing everything right. And unfortunately it looks like we all will still be going to the doctor for a long time to come.

The real possible issue that the “medical only” position that the Administration is leaning towards poses is that a rescheduling of cannabis to Schedule 2, which the AG can do on their own if they so choose, would effectively shut down the entire current medical industry in favor of FDA approved real deal pharmaceutical cannabis medicines only. We are a couple of bad decisions of: scrapping the Cole memo; rescheduling weed; and cracking down on cannabis businesses, from seeing the entire industry as we know it pretty much vanish.

I understand that there are plenty of folks who are skeptical of my worst case scenario viewpoint; but look around you. There is a lot of worst case scenario shit popping off in America right now. Damn near every cabinet position appointed by Trump was a person whose objective has been to pretty much destroy the very department they are now in charge of. Chief White House Adviser Steve Bannon state at CPAC that the Administration’s objective is “deconstruction of the administrative state.” This shit is definitely not funny anymore and we would be naive as an industry to not begin preparing for the worst.

As a person who consults cannabis businesses for a living it is hard for me to tell my clients that everything is going to be alright, when in all honesty I am not really sure of that. I do know that there has never been a better time to get your compliance documentation in order before getting that knock on the door. Should something happen, God forbid, your best defense is the proof that you are operating as an above board legitimate business. But I am honest with all of my clients and let them know that shit could get real weird real quick. Luckily I have been through the weirdness and made it out alive, and know how to navigate the murky waters ahead. We could be in for quite the wild ride it sounds, so hang on tight.

At the end of the day we are all adults here. Hopefully anyone who has decided to invest in the industry, and be a part of the movement for social change that is cannabis, is clearly aware that they are indeed an outlaw. Like it or not, regardless of how many fancy state and local licenses you have hanging on the wall and how many taxes you have paid to the man, you are a criminal. Plain and simple. You are breaking the law and can go to prison for a long long time for what you are doing. One thing is for certain… as soon as that first door is kicked in by the Session’s USDOJ you can be sure there will be a scattering of folks who are just here for the money. It takes a lot of passion for cannabis and a giant sack of nuts to continue to openly break the law in the face of more aggressive enforcement practices. It will be easy to see who stands where if that threat becomes a reality.

I hope that I am wrong. I hope we can all look back on this and laugh about that time I got all weirded out and paranoid about Jeff Sessions and Donald Trump. I truly do hope everything will be okay. But I would be silly not to be a bit skeptical given the chaotic and aggressive first month of the Trump Administration. To be honest, I am really scared shitless. These cats are serious about fucking shit up and taking names, and I am positive that my name is still floating around the DEA offices somewhere. #ohhelpmelordjesus

I have been an outlaw for decades though so what is a few more years between friends? I am ready for the fight. Bring it. That is what I do. Game on, bitches. Game on. I got your prohibition right here, pal. Go fuck yourselves. One foot in front of the other all motherfucking day. Selah.

#FUCKMICKEY AWARDS 2017- EVERYBODY GETS A TROPHY

The #FUCKMICKEY Awards are a place where I give awards to: THE GOOD, THE BAD, and THE UGLY of the cannabis movement and industry. Some call it mean-spirited; and others appreciate the willingness to keep it real and have the tough conversations about the mosaic of weirdos, freaks, and chumps that are a part of the community. It has become a fun tradition that, at the very least, gives people something to talk about heading into the New Year. Whether you love or hate the #FUCKMICKEY Awards there is no denying the real and meaningful impact they have had.

The whole awards show started out as a big joke to poke fun at the dozens of unnecessary and stupid awards shows that some weak-ass organizations put on to pat each other on the back; and award the undeserving for menial efforts that are more of a circle jerk than any sort of real award. But I do not have to tell you that. There are nearly 800 yearly cannabis cups and competitions that have watered down the meaning of awards to the point that by now everyone has gotten a stupid trophy for one thing or another… but I digress. In addition to the “I won a cup at blah-blah-blah event” deal, there are also another couple hundred “awards shows” where some nameless committee of losers give out the old reach-around awards to their buddies to give “recognition” to some asshole for doing their fucking job, and usually not even doing it well. Super. Yawn.

So, three years ago, I decided that I would do my own awards based on 3 categories- THE GOOD, THE BAD, and THE UGLY. The individual awards were bizarre by design to illicit humor and to make people think. There was everything from “Best Stupid Selfies” to “Neediest Attention Whore” to “Person Who Should Most Likely Just Die.” You can see how these hard-hitting realities caused a lot of drama and made hundreds of people butthurt. It is funny because it is literally just me sitting at a computer posting meme-based awards regarding my opinion of the many public figures and hucksters that create the cannabis landscape. I spent 137 days in Facebook jail this year, and 97 of those were directly related to last year’s #FUCKMICKEY Awards. Good times.

It is also a hell of a lot of work to pull off. Developing the categories and researching who is the worthiest for each one is exhausting. Then having to write lengthy descriptions for each of the awards and posting them for everyone to read and share takes a lot of time and energy. Add to that the fallout from the barrage of emails, messages, texts, and comments I receive, and it gets to be a lot to manage…. Remember. it is just me. A giant asshole sitting here throwing bombs and watching the chickenheads scatter. It has become quite the undertaking.

So, after the long and trying year that was 2016 it became more difficult to single people out for their fucking problems. We all failed this year when you look at it. There is not a person in this movement and industry that deserves a real pat on the back, or award for anything.

Sure. I could put a bunch of assholes on blast for their crimes against humanity and greed, but why? What purpose would that serve when the reality is that we are all guilty. Guilty of not doing enough. Guilty of being selfish. Guilty of not putting forth the effort needed to change the world. Who the fuck am I to tell this person that they sucked more than me this year? I just do not see the point anymore. I too failed as a human, an activist, and as a protector of cannabis. 

It is funny to listen to people bitch and moan because I did not drop the normal #FUCKMICKEY Awards this year. You blood-thirsty bitches should be ashamed of yourselves. Maybe if you grew a sack of nuts and spoke up every once in a while, there wouldn’t even be a need for me to have these stupid awards. But most of you are cowards. Most of the people who expect me to do the work for them wouldn’t know courage if it bit them in the ass. Fuck you guys the most. 

But moving on… I am not going to waste my time and energy this year calling out all of these individual fuckheads for their atrocities. I will leave that chore to those who really give a fuck. If 2016 taught me one thing it is that I give a fuck too much. That I let my emotions get the better of me, and I waste valuable time and energy focusing on what is wrong with the world instead of what is right.

I have decided to try and change that. I am trying to figure out how to move forward and to quit looking back so much. No one said that would be an easy task, but it is necessary if I am to grow as a person.

So, the big winner of the #FUCKMICKEY Awards this year is YOU. That is right. Each and every one of you have sucked this year. There is nothing for you to be proud of. We are watching our society fall off a cliff, and instead of trying to save it everyone just wants to film it to put on their Instagram feed. It is pathetic and I am ashamed to call myself a part of humanity. We all need to do a lot of soul searching and figure out what kind of world we want to live in; and then we need to figure out what we are going to do to get there.

I am not willing to accept that what will be will be. We are all better than this and none of us deserve any fucking award. If you can’t see the writing on the wall then you must be blind. This year was one tiny  step forward and three gigantic steps back for all of us.

So excuse me if I did not take the time and energy to entertain you with my witty banter and absolutely fabulous awards shit-show this year. I just didn’t see the point of it all when it is not any one person or group of people who are good, bad, or ugly… It is all of us. You, me, and the whole fucking world. We are all fucked up people with a lot of work to do. There is no getting around that.

My reality is that this year EVERYONE GETS A TROPHY. Congratulations. You earned it, you miserable fuck. Maybe next year will be different, but as for this year I do not have a lot to celebrate and I am disappointed with everyone. Take it for what it is, and shove it up your ass if you think I owe you something more. I don’t.

You are the fucking problem; and until you figure that out we are all fucking doomed. Selah.

 

 

 

Not Dead Yet

What a fucking year. I would be lying if I did not say that 2016 thus far has kicked my lily-white ass up one side and down the other… but I promise you one thing- I am NOT DEAD YET.

It is going to take more than this to kill a soldier like me off, but there is no doubt that we all have a hell of a lot of work to do, as the world is changing before our eyes; and in the opinion of this bleeding-heart liberal, not for the better. But if there is one thing I can appreciate it is a good fight, so fuck you, Universe. Bring that shit. Let’s dance motherfucker.

It is funny how things can go from order to chaos in what seems like moments. How is it that one day it seems like everything is moving right a long according to plan and then out of nowhere a bus runs right over your hopes, dreams, and what seems like everything you have worked for? It is ugly out here these days, but luckily for this giant asshole I thrive in moments of ugly chaos. So here we go, and I can promise you… NOT DEAD YET.

I have faced several personal struggles this year, as I have worked to figure out who and what I need to be in this ever-changing landscape with the earth moving underneath my feet at a pace I can barely keep up with. A lot of pain I have brought upon myself, and we will talk about that one day soon. But for now, it is the bigger picture that has me panicked. My own struggles are insignificant in the scheme of things. My demons are small in comparison to those that seem to be swirling about these days threatening all of our very existence.

There is no doubting that the election this year was incredibly brutal. Just watching it all unfold made me sad to be a part of this society. How we have chosen to be led by an ass-clown who lies 80% of the time, who beat out yesterday’s news and an unfortunate choice for what probably should have been “the first woman President” is beyond me. Is this the best our Nation has to be considered for the most powerful position on earth? This is who we elected? Really? These were our choices? Fucked of fuckderer; and we chose fuckeder? Unfuckingbelievable.

trump-godblessamerica-fuckmickey-1

But alas, I must digress. The people have spoken; or whatever the fuck you call it when the majority of people say one thing, but the “Electoral College” of people says otherwise. The bottom line is that we are at a very dangerous point in our history as humans… and we have had some pretty fucked up and dangerous histories. The new Dark Ages is upon us. I do not know what to think any more, but I do know one thing. NOT DEAD YET!

As a cannabis activist, advocate, supporter, or provider, you should probably be pretty fucking worried right now. Why? Because you have a brutal prohibitionist prick nominated to lead the United States Justice Department, and the only thing saving your ass right now is a fairly weak worded memo that I assure you will be torn up and burned the day after Jeff Sessions is nominated Attorney General. Welcome to the show, bitches.

We are in the middle of trying to raise fund for the Parents 4 Pot Cannabis Community and POW Holiday Drive, and as I look to those who have helped us to bring a holiday to these families in need it is clear that things have seriously changed in the cannabis community. Over half of the major donors that made the last couple of years happen have either told me they have nothing to contribute this year, or they have contributed about 5% of what they did last year. It has been demoralizing to say the least, and to be honest… It makes me sort of sick to my stomach. Between the threat of a new aggressive enforcement administrator taking over the DEA, and a myriad of new regulatory costs and worries, it seems like a lot of the folks who have been incredibly generous in the past have decided to bury their money under the woodpile this year.

p4p-holidaze-2-insta

The really funny part is that now more than ever is the time you should be contributing all you can to those affected by cannabis prohibition because if things play out the way they look like they might then you are going to need all of the good karma you can muster. It might be you and your family on the list next year… if there even is a list. Developing Parents 4 Pot as a non-profit organization dedicated to fighting for cannabis freedom for those with parents or children in prison for weed; those who have had to uproot their families to move where cannabis is for health reasons; and those who have lost their jobs, homes, children, standing in the community, and/or freedom because of cannabis has been an incredibly rewarding experience. It has also been very challenging.

I am lucky enough to have a Board of Directors willing to commit their time, energy, and often resources to making the organization work. For the love of the game we have been able to grow #P4P into something we can all be very proud of. We have been able to educate many, and support a lot of those who have been forgotten, as our “movement” based on this sacred plant has evolved into an “industry” populated by the good, the bad, and the ugly looking to hit it big on the next big thing.

I have fought for cannabis freedom the majority of my life now, and it has become my lifeblood. I have been incredibly lucky to bear witness firsthand to what has become the fastest growing industry in the world and also the most exciting political movement since the Civil Rights movement. But I have also seen the “next big thing” come and go more times than I can really stomach.

But I am still here, fuckers. NOT DEAD YET.

I have two weeks to make a Christmas miracle happen for 40 amazing families who have lost everything due to cannabis prohibition, and I will be damned if I am going to let them down. I will make the Parents 4 Pot Holiday Drive a success if I have to take hostages to get it done. I am not above anything at this point. I could give a fuck. We promised Christmas to 40 families in need, and one way or another we are going to deliver. Even if I have to put all of their gifts on my own credit card and extort everyone in this godforsaken industry that I have a pile of dirt on for every penny they have made from this beloved plant. #FUNNYNOTFUNNY

Yeah. It is like that. Sorry-Not-Sorry.

“Breathe, Mickey. It is going to be okay. I said BREATHE, motherfucker! Step back and realize that you are NOT DEAD YET. The Big Magnet in the Sky will make things right with the world and that things will work out.”

You just gotta believe, and I still do. I will not let the system get me down. I will continue to fight the good fight every day until they either lock the door behind be or cremate my phat-ass. It is what I do. It is who I am. #NOTDEADYET

So as I sit here with the reality that Donald Fucking Trump is going to be our Commander in Chief, and his posse of weed-hating fuckfaces will probably take our entire movement/industry (or whatever the fuck you want to call this deal we have going) back to Nancy Reagan’s Just Say No 1980’s bullshit, I have to wonder what tomorrow will bring. What is next? How can the humans fuck up our society any worse than we already have?

I am not sure; but what I am sure of is that if they can then they will.

Most days it seems like I live in an alternate universe and that this whole deal is a dreamish nightmare that I will awaken from at any moment. Yet every day I wake up and look myself in the mirror and say, “Fuck you. Fuck your hopes and dreams. Let’s go the fuck out here and try to change the world for the better… again.” I have to. I put one foot in front of the other, and regardless of the challenges we face, I move forward. It is all I know. It is who I have become.

That might seem like a dark reality, but have you looked around this motherfucker lately? Is it just me, or is there something very spooky happening out here as of late? Am I crazy?

I guess we all are a little crazy in one way or another; but lately it has seemed more difficult to be comfortable in my own aura. But again… NOT DEAD YET.

The holidays are upon us, and while it is supposed to be a “joyous” and “merry” time of the year, it is also incredibly stressful and draining for a lot of us. The world has always been fucked up, so it is not like this is a new phenomenon… but it is a new era of fucked up that none of us can be sure of what is to come.

Maybe I am over-reacting. Maybe Trump will be the greatest President we have ever had. Maybe cannabis will be truly legalized for everyone on earth. Maybe the rapture will happen and take all of the good people to live in heaven with the good Lord Jesus, or Muhammad, or Jah, or at least Johnny Cash… Or maybe we are entirely fucked in a way that we have even yet to imagine as a society.

Who the fuck knows? Who the fuck cares? When it is all said and done, does any of it really matter? Does our existence make a difference in the grand scheme of a Universe so massive and vast that none of us can even imagine, and a long and storied history that our lives are but a spec of? I am not sure that it does; and frankly, I don’t really give a shit.

I am going to continue to work towards making the world a better place and to be the best person I possibly can. I am going to continue to smoke, grow, and provide weed regardless of what the government says. I can be an outlaw or an entrepreneur, and be just as happy either way. I am pretty good at both. I have lived such a full and meaningful life in my first 42 years on this planet, that anything from here on is gravy. Not much they can do to me that has not been done already. I probably won’t laugh or love harder than I already have and I will likely continue to be a gigantic asshole with a tremendous heart. I will always be #FUCKMICKEY. No one can take that away from me.

likesweed-goodperson-1

Many have tried and failed, and fuck each and everyone of them. Most of those who I have gone to battle with are miserable people not deserving of the air they breathe… there are plenty of those walking around for certain. Fuck ’em all. I got your “award” right here, pal. No you cocksuckers… Everyone does not get a fucking trophy.

How the fuck we came to this moment in history boggles one’s mind. But regardless, we are here…. we are NOT DEAD YET. Not even close, bitches.

None of us can know what tomorrow will bring, and yesterday is for suckers. All we can do is live for right now and do everything we can in this moment to ensure that what we leave behind for our children, families, friends, and fellow beings is more spectacular than what we found when we crawled out of our mother’s womb. Yup… What a long strange trip it has been, and will continue to be- at least until we die.

But you might have heard this before, but I am going to say it one more time just to make sure you caught it…. I am NOT DEAD YET.

Selah. Wooooooooooooosh!

Shit Is Always Funny Until It Isn't Anymore….

mickey.100

We have been through so much together.

I have given the better part of my life to fighting for cannabis freedom. I have learned to use my voice as a powerful voice for change. My sacrifice has been my choice, and I am humbled by the people who have joined me on this journey. It has been a wild ride indeed.

As a community, a movement, and now an industry we have learned to evolve and have pushed cannabis to the point of acceptance and honor. I look around me and know I have made a difference. I am proud of what I have been able to accomplish and will always cherish the impact I have been able to create through my writing and education of the masses. I like to think that my raw and uncut commentary has helped us to all grow as individuals and collectively. I have done my best to keep it real, even if the real often hit too close to home for many. I have tried to keep things funny, because if we can’t laugh at ourselves we are lost. I have also tried to make people understand, and more so feel. It is so important for us to cut through the fake and insincere bullshit and get to the core of the human experience to really get it. That is never easy, but it is always a worthwhile journey.

Many people have observed me over the years and have wondered what it is that drives me. It is simple. Justice, morality, and the truth. I began my journey in cannabis reform because for one I really like weed. It makes me feel good. But even more, I began to fight for this cause because I saw it as a huge injustice that was so clearly immoral and which lacked any real truth. How could we be locking up good people for using a safe, enjoyable, and helpful plant? None of it made sense to me.

I have been incredibly lucky to have come up in the middle of a watershed moment in history. I really began to understand the fight when I moved to California in 1995. I moved here with a girlfriend whose mother hated me, and spent my first few months in town mostly homeless unless my girl’s mom was out of town. I lived on the street in the Haight, and then Berkeley, and then onto Santa Cruz for a couple of months. While in Santa Cruz I was offered a position gathering signatures for Prop 215 for $50 a day. At that time it was more the $50 a day that drove me than the fight for cannabis freedom, but I began to understand the politics of it all and saw firsthand the challenges faced. People either loved or hated the idea of weed. Most of the people who sneered at me when I asked for their signature were uneducated and simply did not understand that weed was not the evil thing they had been told it was. The overt ignorance was amazing.

I have sold weed since I was twelve. From hustling in Junior High to swinging sacks in Sheep’s Meadow in Central Park, the weed game has been all I have known since my youth. I grew up a screw up. I learned a lot of hard lessons. I spent time in mental institutions, group homes, and was incarcerated for over a year when I was 13. I got a GED and went to a predominantly black college from jail when I was 14 years old. No one ever said I was stupid. But I always had something to prove. I always pushed boundaries. I took risks with little care about the consequences. I did a lot of stupid shit when I was young that I am not proud of; but in these moments I learned a lot. A lot about me. A lot about people. A lot about the world we live in. I also learned to survive.

I have also been incredibly lucky. The universe has put me in places and positions where I have had more real and meaningful experiences than most. I have always been surrounded by amazing people who I could learn from and who would help me find myself. I spent a lot of days unsure of myself, often letting the world get the better of me because I did not understand the power I possessed. I often had a chip on my shoulder because I believed that I had been dealt a raw deal. As I grew older I learned to embrace and cherish those experiences, and knew that I had been given an incredible gift. Through my many different trials and tribulations I had grown strong; and once I could grasp that the life lessons I was given were a blessing and not a burden, I began to find my voice.

I was raised by a single mom with Multiple Personality Disorder who worked 80 hours a week selling real estate to keep me and my sister in a nice house with nice clothes and in good schools. It was hard for me to comprehend my reality at that time, and I resented how alone I would feel. Ever since I can remember my life has been filled with absolute chaos. It would be impossible to explain in a simple blog posting, but to me, the world has always been one long running joke. I have woken up every day just waiting for the punch line.

As I became more deeply involved in cannabis reform, I felt at home. Nothing has been more unsure and chaotic than the cannabis movement. When Tainted Edibles began to explode it was a very natural progression for me. We woke up every day thinking it would be our last waiting for the Feds to kick the door in. Nearly seven years later they finally did, but not before we were able to help make cannabis a mainstream topic and touched millions with our products. We pushed the boundaries in everything we did, and helped create the industry you see now. We put it all on the line and never looked back. We built an empire on weed chocolate and were a household name in weed circles. I had never been prouder of anything I had done in my life, and in an instant it was all taken from me.

Then came the battle with the Federal Government. I remember the feeling like it was yesterday when I got the call that “the power was out and the basement was flooded.” That was the code that the day had finally come. I was in Bellingham, WA at the time visiting my wife’s family 30 miles from the Canadian border. My youngest son was only 4 months old and I still vividly remember the look of panic on my wife’s face when I told her that my two business facilities, our house, my partner’s house, and one of my employee’s house were being raided by swat teams complete with tanks and helicopters. I had no idea what to do, but my gut told me I had to fight. After contacting my attorneys and local activists to respond, I began to write. I wrote an open letter that laid it all on the line. In that moment I understood the magnitude of this battle and the reality of cannabis prohibition. I was facing a decade in prison for making weed brownies for sick people. It was a traumatizing and humbling experience. I watched as every major media source in the country picked up the story and told incredible lies about me and my company. I lost a lot of faith in humanity and understood clearly that what we were told in the press was anything but the truth.

I thought about fleeing to Canada, but I couldn’t. I couldn’t ask my family to live on the run and I did not want to face this without them by my side. I chose to take the long drive back to the Bay Area and face the music. We organized a press conference before I turned myself in after 7 days as a fugitive where I blasted the Feds for their actions. I looked the world in the eyes and told them “we are good people with good intentions and do not deserve to be treated like criminals for providing safe and effective medicines.” Thus “Likes Weed. Good Person.” was essentially born.

LIKESWEED.GOODPERSON.1

I had been an activist for many years but I tried to stay out of the spotlight to protect our company, so we supported those on the front lines with funding and our presence. Now I was forced to take a leading role in the fight for cannabis freedom, as our case became a very public battle. We organized protests at every court date and I began writing a blog called Free Tainted where I began to share my most intimate thoughts with the community at large. The blog was read by many, including the US Probation officer in charge of doing my sentencing memo who told me he used to read it in his garage. He was moved by our story, as he understood that I believed in what I did, and was caught in the middle of the battle between state and federal laws. This resulted in him downward departing from the Government’s attempt to give me 37 months in a Federal penitentiary and ultimately the judge agreed and gave me no time in prison, but instead one year on house arrest and one year in a halfway house. It was an amazing victory for our community who had seen dozens of providers get sent away for long draconian sentences for providing cannabis medicines. You can read about the day I was sentenced here. For the record, no edible company has been raided by the Feds since we gave them that black eye; so to all the kids out there killing it these days, you are welcome.

After being sentenced I was unable to touch weed, so I began doing consulting. I learned to use the skill I learned from graduating with honors in business from St. Mary’s college and the skills from developing Tainted for 7 years to help other people create sound business plans and navigate the murky waters of the cannabis industry. I helped to develop self-regulatory models to protect organizations and began doing government relations work to help public officials better understand the benefits of the industry. I developed business models for every aspect of the industry, and worked to promote the industry from every angle. I was able to stay deeply involved in the industry through my entire period of federal confinement.

I then began to write my own blog called Cannabis Warrior. I began the blog to get the millions of thoughts I  have out of my head and into a space where I could let them go to be digested by the world. I never wrote for anyone but me. It was a cathartic exercise that helped me to not explode. I never even intended for anyone to read it, or for it to become as popular as it did. I just needed to put it out there and let it go. The idea was to examine and chronicle the industry from the inside out. This was around 2010, right after Obama’s first memo when everyone and their mom was jumping in the game and all of the sudden the industry was one sexy slutty magazine ad after another bikini car wash. I began to write a lot about the people who make up the industry. I understood that if we did not begin to examine ourselves internally that someone else would. It is important to take care of housekeeping. Also we were knee deep in the beginning of the battle for Prop 19 and it was necessary to look closely at the deep and often humorous dialogue that was forming the debate. These were the days of Stevie D’s failed Weed Wars TV show, the beginnings of lab testing, and the evolution from outlaws to entrepreneurs. Everyone had a gimmick. Everyone was the next big thing. All of the old investment hucksters decided to open a dispensary and play the I wanna get rich off weed game. It was a ripe time for writing about the cannabis industry and it has only gotten weirder since. I couldn’t keep up with the bullshit that was going on, but did my best to provide a real and often humorous insight to the happenings of an industry that was exploding.

Warrior.LOGO

Needless to say, my writing has not made me a lot of friends and that was okay. I never really needed a lot of friends. I can hardly make time for the few that I have. But I kept writing and finding ways to make people understand the bullshit that was happening in this godforsaken movement. I wrote tirelessly day and night, and every day more and more dirt would come across my desk. While at times it was exciting, mostly it was difficult and ugly. It was hard to absorb all of the madness on a daily basis and still try to function in my normal life. At some points I became consumed and people began to look to me to police the industry, as if I were some strange belligerent and profane watchdog. People never got that I did not write for them, but that I wrote for me. That the words I put on the page were  only there to keep me from my own insanity.  My blogs have never had one advertisement for anything because I did not need the money for ads, and I wanted the words I wrote to be pure and not influenced by those who paid me.

I wrote Cannabis Warrior until 2102 when I was attacked by someone who took issue with the things I wrote. First I had a tracking device placed on my car and was followed by some people. They called me and told me everywhere I had been that day, where I lived, and they told me I needed to take down my Bullshitter of the Week pieces, so I did. But I still kept writing. About a year later, I came out of my house to all of my tires being slashed on my car one morning. I tried to write it off as some local vandals; but I kept writing. Next I was leaving a dispensary in Sacramento and a man walked right up to my car and pepper sprayed me through the window. I almost wrecked my car trying to escape. But I still kept writing. Finally I got a letter in the mail with pictures of my kids and my wife dropping them at their school, with a threat pretending to be a Mexican drug cartel telling me I needed to stay off of the internet. After talking with the police and the FBI, I took down my blog and most of my social media for a few months.

About a month after removing Cannabis Warrior from the internet I started this blog. If you go to the “about” page there is no mention of my name to this day. I started new social media accounts under the name Weed Activist. I posted to email lists under the name Weed Activist. I began writing less controversial stuff under the name Weed Activist here because I still needed to write. I have a somewhat distinct style of writing and posting on social media though, so after a couple of months most had figured out it was me. My wife had calmed down. We sold all of our cars and moved to a different area. I installed security systems and took every precaution I could think of. Feeling a little better, I opened up my social media pages again and began writing more of the hard hitting pieces I had become known for. I had decided not to let the terrorists win.

While I do not write every day like I used to, I do take the time to write about things I know are important. I still try to educate people and help create a sense of understanding about what the fuck we are all fighting for. I still ruffle a lot of feathers with my antics both here on my blog and on social media. I have also made a lot of memes, which I found to be a great medium for both humor and insight. If a picture is worth a thousand words then a picture with words is worth even more. It has become quite the hobby and keeps people both entertained and informed. I have become known for my whimsical banter and willingness to call shit like it is. Through all of this #FUCKMICKEY was born, which has become a mantra for those who both hate me and love me.

fuckmickey.logo.2.0

With that comes a lot of responsibility and a lot of hurt feelings. A lot of people really want to kill me. A lot of people just hate my guts. Some people like me, and a few really love me for my work. It has been a fun and funny journey indeed.

But even the funniest shit is only funny until it isn’t anymore. Everything gets stale eventually. It is a natural progression. My partner and brother J7 wisely once told me, “Always leave them wanting more”….. so I will.

This will likely be my last posting on WeedActivist.com. I will be taking some time to reinvent myself and find a new cage to rattle. I am exhausted and my heart is no longer in it. I am no longer interested in pissing in the wind and hoping to make a difference in this industry. Whatever happens will just have to happen. I can no longer give my time, energy, and resources into playing cannabis industry watchdog. It is obvious that the folks who live their lives like scumbags and con artists will continue to do so, regardless of what I write or what funny meme I make about them. This is America and money talks. Altruism and goodwill will only take one so far. The pricks will be pricks regardless, and if they have enough money they will probably figure out how to be successful. That is fine by me. Who gives a shit anymore? Let the monkeys run the zoo and the wolves take over the hen house. Good for them.

For me…. I need to figure out me for a while. I need to focus on my projects and learn to be a killer again. I have to quit being distracted by the politics and the mayhem, and just get back to business. I used to run one of the most successful companies in this industry, and I am going to figure out how to do that again if I have to lie, steal, and cheat like everyone else to do it. I am about $100k in debt and have not a lot to show for it but the respect of some and the hatred of many. While that is super and everything, it doesn’t pay my bills or put my kids through college, and mostly it just doesn’t make me happy anymore.

I have given up a lot of myself to this movement and industry. I have fought tirelessly for what I thought was right. I have put my best effort towards making the world of cannabis a better place, and for now I just cannot do it anymore. I must step back and begin to think about me, my family, and my future. I have realized that I am a big fucking fish in this small fucking pond, and that my talents are being wasted chasing my tail with people who mostly do not even give a fuck. It has been an honor to serve and I will always be an intricate part of the cannabis universe; but I must change. Tomorrow must be different. I must regain my sanity and begin to accomplish bigger and better things.

To all that have followed my blogs and writings over the years, I humbly thank you. To those who have shown me kindness and given me strength, you will always have my loyalty. To those who are dirty rotten scumbag losers who have found themselves looking down the barrel of my gun, you may sleep better tonight.

I am certainly not gone, but I have changed… and not a moment too soon. Selah.

quitfuckingmickey.notfunny.1

AB 266 Breakdown. The end of the cannabis industry as you know it.

I will be following this up with a more detailed response, but below is my initial breakdown of AB 266 being proposed by the legislature, and being supported by groups such as Americans for Safe Access, the Emerald growers Association, UFCW, and the California Cannabis Industry Association. This law will be the end of the industry as we know it and the provisional licensing requirement will ensure that all growers, producers, and manufacturers of cannabis will be completely fucked…. Enjoy. My comments are the bullet points in red….

dead

SECTION 1.

 The Legislature finds and declares all of the following:

(a) The people of California enacted the Compassionate Use Act of 1996 to ensure that seriously ill Californians have access to cannabis for medical purposes. The Compassionate Use Act of 1996 urged the state and federal governments to implement a plan to provide for the safe and affordable distribution of medical cannabis to all patients in medical need of the drug.

(b) Federal enforcement authorities have recognized that in states that have authorized cannabis use and have enacted strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of cannabis, conduct in compliance with those regulatory and enforcement systems is less likely to threaten federal priorities, and, thus, less likely to require federal enforcement intervention (See: Memorandum For All United States Attorneys—Guidance Regarding Marijuana Enforcement, by James M. Cole, Deputy Attorney General, August 29, 2013).

(c) Greater certainty and minimum statewide standards are urgently needed regarding the obligations of medical cannabis facilities, and for the imposition and enforcement of regulations to prevent unlawful cultivation and the diversion of cannabis to nonmedical use.

(d) The purpose of this act is to establish for California a robust medical cannabis regulatory and enforcement system to ensure that conduct in compliance with California’s medical cannabis laws does not threaten the federal priorities as set forth in the James M. Cole memorandum, and, therefore, does not require federal enforcement intervention.

(e) The California Constitution grants cities and counties the authority to make and enforce, within their borders, “all local police, sanitary, and other ordinances and regulations not in conflict with the general laws.” This inherent local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within the local jurisdiction’s borders. The police power, therefore, allows each city and county to determine whether or not a medical cannabis dispensary or other facility that makes medical cannabis available may operate within its borders. This authority has been upheld by City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, and County of Los Angeles v. Hill (2011) 192 Cal.App.4th 861. Nothing in this act shall diminish, erode, or modify that authority.

(f) If a city or county determines that a dispensary or other facility that makes medical cannabis available may operate within its borders, then there is a need for the state to license these dispensaries and other facilities for the purpose of adopting and enforcing protocols for security standards at dispensaries and in the transportation of medical cannabis, as well as health and safety standards to ensure patient safety. This licensing requirement is not intended in any way nor shall it be construed to preempt local ordinances, regulations, or enforcement actions regarding the sale and use of medical cannabis, including, but not limited to, security, signage, lighting, and inspections.

(g) Nothing in this act or Article 2 (commencing with Section 11357) or Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code is intended to preempt any local ordinance regulating or banning the cultivation, processing, manufacturing, testing, transportation, distribution, provision, donation, or sale of medical cannabis, or to otherwise prevent or limit a city, county, or city and county from adopting or enforcing a zoning ordinance or other law, ordinance, or regulation that bans or regulates the location, operation, or establishment of any individual or other person that cultivates, processes, possesses, stores, manufactures, tests, transports, distributes, provides, donates, or sells cannabis.

  • While local municipalities can ban alcohol, it is not clear if they can ban medicine. Can a town declare they do not want a pharmacy in town and force people to travel to get their prescribed medicines?

(h) Nothing in this act is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace, or to affect the ability of employers to have policies restricting the use of cannabis by employees, or otherwise complying with federal law.

  • This is a result of Ross vs. Raging Wire but I would beg to wonder why we are not including language to at least try and make it so patients were protected under CA law for using medical cannabis.

(i) Nothing in this act shall be construed to promote or facilitate the nonmedical, recreational possession, sale, or use of cannabis.

(j) Nothing in this act shall have a diminishing effect on the rights and protections granted to a patient or primary caregiver pursuant to the Compassionate Use Act of 1996.

SEC. 2.

Section 2220.05 of the Business and Professions Code is amended to read:

 

2220.05.

(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph:

(1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public.

(2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient.

(3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances  substances, or recommending cannabis to patients for medical purposes  without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, OR CANNABIS WAS RECOMMENDED, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing, OR RECOMMENDING CANNABIS, and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions.

  • The “recommending of cannabis” should be included in the second half of this too anywhere it says “prescribing”

(4) Sexual misconduct with one or more patients during a course of treatment or an examination.

(5) Practicing medicine while under the influence of drugs or alcohol.

(b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a).

(c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).

SEC. 3.

Section 2242 of the Business and Professions Code is amended to read:

 

2242.

(a) Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 without an appropriate prior examination and a medical indication, constitutes unprofessional conduct. Prescribing or recommending medical cannabis to a patient for a medical purpose without an appropriate prior examination and a medical indication constitutes unprofessional conduct.

  • This is undoubtedly a slippery slope

(b) No licensee shall be found to have committed unprofessional conduct within the meaning of this section if, at the time the drugs were prescribed OR CANNABIS WAS RECOMMENDED, dispensed, or furnished, any of the following applies:

(1) The licensee was a designated physician and surgeon or podiatrist serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and if the drugs were prescribed, OR CANNABIS WAS RECOMMENDED, dispensed, or furnished only as necessary to maintain the patient until the return of his or her practitioner, but in any case no longer than 72 hours.

(2) The licensee transmitted the order for the drugs to a registered nurse or to a licensed vocational nurse in an inpatient facility, and if both of the following conditions exist:

(A) The practitioner had consulted with the registered nurse or licensed vocational nurse who had reviewed the patient’s records.

(B) The practitioner was designated as the practitioner to serve in the absence of the patient’s physician and surgeon or podiatrist, as the case may be.

(3) The licensee was a designated practitioner serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and was in possession of or had utilized the patient’s records and ordered the renewal of a medically indicated prescription for an amount not exceeding the original prescription in strength or amount or for more than one refill.

(4) The licensee was acting in accordance with Section 120582 of the Health and Safety Code.

SEC. 4.

Section 2264 of the Business and Professions Code is amended to read:

 

2264.

(a)  The employing, directly or indirectly, the aiding, or the abetting of any unlicensed person or any suspended, revoked, or unlicensed practitioner to engage in the practice of medicine or any other mode of treating the sick or afflicted which requires a license to practice constitutes unprofessional conduct.

(b)  Employment by, or other agreement with, a mandatory commercial licensee acting pursuant to the Medical Cannabis Regulation and Control Act or a dispensary to provide recommendations for medical cannabis constitutes unprofessional conduct.

SEC. 5.

Article 25 (commencing with Section 2525) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read:

 

Article  25. Recommending Medical Cannabis

2525.

 (a) It is unlawful for a physician and surgeon who recommends cannabis to a patient for a medical purpose to accept, solicit, or offer any form of remuneration from or to a facility issued a conditional license pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8, if the physician and surgeon or his or her immediate family have a financial interest in that facility.

(b) For the purposes of this section, “financial interest” shall have the same meaning as in Section 650.01.

(c) A violation of this section shall be a misdemeanor.

2525.1.

 The Medical Board of California shall consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.

  • So doctors will be issued guidelines from some college researchers instead of being able to use their own medical judgement? Weird….

2525.2.

 A physician and surgeon shall not recommend medical cannabis to a patient, unless that person is the patient’s attending physician, as defined by subdivision (a) of Section 11362.7 of the Health and Safety Code.

  • The term “patient’s attending physician” can be a quite dangerous term if misinterpreted by the courts. In the United States and Canada, an attending physician (also known as an attending, rendering doc, or staff physician) is a physician (M.D. or D.O.) who has completed residency and practices medicine in a clinic or hospital, in the specialty learned during residency.

SEC. 6.

Chapter 3.5 (commencing with Section 19300) is added to Division 8 of the Business and Professions Code, to read:

 

CHAPTER  3.5. Medical Cannabis

Article  1. Definitions

19300.

 For purposes of this chapter, the following definitions shall apply:

(a) “Cannabinoid” means a chemical compound that is unique to and derived from cannabis, also known as phytocannabinoid.

(b) “Cannabis” means all parts of the plant Cannabis sativa L., Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972.

(c) “Cannabis concentrate” means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product’s potency.

(d) “Certified testing laboratory” means a laboratory that is certified by the State Department of Public Health to perform random sample testing of medical cannabis pursuant to the certification standards for these facilities promulgated by the department.

  • It will be interesting to see how the DPH approaches this one. Gives a lot of power to a group that is about 50/50 on cannabis at best. Could result in some interesting certification protocols.

(e) “Commercial cannabis activity” means any cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis product, or any Internet platform that facilitates any of these functions for the purpose of selling medical cannabis or medical cannabis products to qualified patients or caregivers, except as set forth in Section 19316.

  • The term “selling” always gets a little tricky, especially when you consider the many get around terms that have been used in this industry over the years. I might use the term “retail distribution” or something.

(f) “Cultivation” means any activity involving the planting, growing, harvesting, drying, processing, or trimming of cannabis.

  • So you have “processing” here. That may need to be more clearly defined, as its broad interpretation could mean processing into finished goods, which is a whole different deal…. Especially when there are license limitations ahead.

(g) “Delivery” means the commercial transfer of medical cannabis or medical cannabis products from a dispensary to a primary caregiver or qualified patient, as defined in Section 11362.7 of the Health and Safety Code.

  • Only from a dispensary? That is odd considering it defines delivery service next.

(h) “Delivery service” means a person issued a state license by the State Department of Public Health pursuant to this chapter and a local license or permit, to deliver medical cannabis or medical cannabis products, up to an amount determined by the department, to patients, testing laboratories, or to events or locations where it will be used solely for promotional purposes. A delivery service shall not be required to obtain a transporter license.

  • Can a dispensary hold a Delivery Service license? Can a cultivator or product manufacturer? Like farm to table deals?

(i) “Director” means the director of the Office of Marijuana Regulation.

  • I am pretty sure I am going to get this job. (rolls eyes)

(j) “Dispensary” means a nonmobile, nonvehicular, non-Internet-based retail location that distributes medical cannabis or medical cannabis products and is owned and operated by a licensee for these activities pursuant to this chapter.

  • So how does this work? Currently most dispensaries are not “owned and operated” by any one. Does that mean the corporation would be the licensee? How are these “not-for-profit” entities going to decide ownership after there is no not-for-profit requirement? It still seems to me that there is a need for the word “retail” in here. I mean, technically aren’t cultivators and manufacturers “distributing” cannabis too, just wholesale?

(k) “Dispensing” means any activity involving the retail sale of medical cannabis or medical cannabis products from a dispensary.

  • Well there is the term retail….. at least it is in here somewhere.

(l) “Dried flower” means all dead medical cannabis that has been harvested, dried, cured, or otherwise processed.

  • Odd… so all stems, leaves, and other byproduct material are classified as flowers too. Good to know. Here we are with the processed again too. Super.

(m) “Edible cannabis product” means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum.

  • Interesting to call out the chewing gum. Consumption could include smoking or vaping products too, correct? Definitions for consumption include “used or ingested.” Would “ingestion or sublingual consumption” be better?

(n) “Fund” means the Medical Cannabis Regulation Fund established pursuant to Section 19361.

(o) “Identification program” means the universal identification certificate program for licensees.

(p) “Labor peace agreement” means an agreement between a licensee and a bona fide labor organization that, at a minimum, protects the state’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant’s business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicant’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.

  • It is easy to see that UFCW and their posterboy Gavin Newsome got their language inserted. At least this one doesn’t use the term “labor union currently active in the cannabis industry” to cement their place. LOL. I dig unions, but man…. It is tough to justify that type of all for us and our membership only attitude sometimes.

(q) “Licensed cultivation site” means a person that plants, grows, cultivates, harvests, dries, or processes medical cannabis, or that does all or any combination of those activities, and that is issued a state license pursuant to this chapter and a local license or permit.

  • Process again can get weird here. Surprised not to see the term “agriculture” in here since cultivation and propagation are definitely agricultural functions.

(r) “Licensed dispensing facility” means a person that provides medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products, either individually or in any combination, that is issued a state license pursuant to this chapter and a local license or permit.

  • Again I believe there is a need to include the term retail in this definition even if mentioned above. Interesting to see a facility called a “person” too. Am I reading it right with the “or devices for the use of medical cannabis” meaning that all head shops would also be included? So a wholesaler doesn’t “provide” too?

(s) “Licensed manufacturer” means a person that conducts the production, preparation, propagation, compounding, or processing of medical cannabis or medical cannabis products, either directly or indirectly or by extraction processes, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes a location that packages or repackages medical cannabis or medical cannabis products or labeling or relabeling of its container, and that has been issued a state license pursuant to this part.

  • Propagation here would seem to be pointing to clones, but wouldn’t a licensed cultivator need to propagate too? If it is “and includes a location that packages or repackages medical cannabis…” wouldn’t that mean dispensaries would be excluded from packaging their own medicine? Everything has to be pre-packed or what?

(t) “Licensed transporter” means a person issued a state license by the Board of Equalization to transport medical cannabis or medical cannabis products above a limit determined by the board to and from facilities that have been issued a state license pursuant to this chapter.

  • Is a transporter license in addition to other licenses? I mean can a grower transport his own product? Or is a transporter license required in addition to your grower license? More fees?

(u) “Licensee” means a person issued a state license under this chapter to engage in commercial cannabis activity.

  • Having a license seems like a good idea if the terms are reasonable. They are not though.

(v) “Licensing authority” means the state agency responsible for granting and renewing state licenses and regulating the relevant licensees. For licensed cultivators, the licensing authority is the Division of Medical Cannabis Cultivation in the Department of Food and Agriculture. For dispensaries and transporters, the licensing authority is the State Board of Equalization. For licensed manufacturers and certified testing laboratories, the licensing authority is the Division of Medical Cannabis Manufacturing and Testing within the State Department of Public Health.

  • Cultivators being licensed by the Department of Food and Ag seems awesome… it could also be problematic though. The State BOE is probably viable for dispensaries and transporters. Where are the delivery services? And then licensed manufacturers get the Department of Public Health. Interesting…. Sort of wondering what that will end up looking like, and why manufacturing is more “medical” than medical cultivation and medicine dispensing.

(w) “Live plants” means living medical cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

(x) “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

  • Where are we at on suppositories? LOL. And what about chewing gum again?

(y) “Medical cannabis,” “medical cannabis product,” or “cannabis product” means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215).

  • “Sold for use” seems like it could face legal challenges, as it refers to Prop 215 as well where there is no mention of “sold to” anything really. We should only look as far as the petty word games used to try and overturn Obamacare to know that lack of clear definitions and meaning can be fateful to any law. We definitely have legal challenges to happen on both the pro and anti-cannabis sides of the argument.

(z) “Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical cannabis.

  • So who are the nurseries licensed by then?

(aa) “Office” means the Office of Marijuana Regulation.

  • I want an office…..

(ab) “Permit,” “local license,” or “local permit” means an official document granted by a local jurisdiction that authorizes a person to conduct commercial cannabis activity in the local jurisdiction.

  • This is where the provisional licensing requirements could make an issue for those who process and manufacture items currently, as it will take a lot of time and political process to get any “permits, local licenses, and/or local permits” for the entire production sector of the industry. Certainly having to have one by a deadline could make it nearly impossible to overcome.

(ac) “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

  • Corporations are people my friend….

(ad) “State license ” or “license” means a state license issued pursuant to this chapter.

(ae) “Topical cannabis” means a manufactured product intended for external use.

(af) “Transport” means the commercial transfer of medical cannabis or medical cannabis products from the business location of one licensee to another licensee, for the purposes of conducting commercial cannabis activity authorized by licensees pursuant to this chapter.

Article  2. Administration

19301.

 This chapter shall be known, and may be cited, as the Medical Cannabis Regulation and Control Act.

19302.

There is hereby created within the office of the Governor, the Governor’s Office of Marijuana Regulation, under the supervision and control of the Director of the Office of Marijuana Regulation, who shall be appointed by the Governor. The Governor shall appoint the director at a salary to be fixed and determined by the director with the approval of the Director of Finance. The director shall serve in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).

  • Put in a good word for me…. LOL. But who does get this job could be a major issue for sure.

(b) The director shall be the appointing power of all employees within the office, and all heads of divisions, bureaus, and other employees in the office shall be responsible to the director for the proper carrying out of the duties and responsibilities of their respective positions.

(c) In developing a regulatory framework pursuant to this chapter, the director shall consult with state agencies possessing expertise in licensure and enforcement, including, but not limited to, the Department of Alcoholic Beverage Control and the Department of Consumer Affairs.

  • Does the fact that this is 6th state agency named so far worry anyone else?

(d) The office shall have overall executive authority and responsibility for implementation of all aspects of cannabis regulation pursuant to this chapter.

(e) The office shall coordinate and provide oversight of all activities described in this chapter. The office shall lead all state and local authorities regarding the tracking of medical cannabis, medical cannabis products, and licensees pursuant to this chapter. All departments and divisions specified in Section 19304 shall report directly to the office. Any information technology systems created to store and process data related to commercial cannabis licensing shall be integrated, and all licensing data shall be immediately available to each licensing authority and to the office.

  • Broad sweeping power in this office….

19303.

 The office shall maintain a registry of all permit holders and shall maintain a record of all state licenses and commercial cannabis activity of the permit holder throughout the length of licensure and for a minimum of seven years following the expiration of each license. The office shall make limited licensee information available to a licensee so that it may verify whether it is engaging in commercial cannabis activities with a properly licensed entity.

19304.

 (a) The following entities shall report to and be directly accountable to the office for their respective designated responsibilities within the regulatory and enforcement framework, as follows:

(1) The Division of Medical Cannabis Regulation, which is established within the State Board of Equalization, shall do all of the following:

(A) Be administered by a person who is appointed by the State Board of Equalization.

(B) Administer this chapter, as it pertains to commercial cannabis activity relating to dispensaries and transporters.

(2) The Division of Medical Cannabis Manufacturing and Testing, which is established within the State Department of Public Health, shall do all of the following:

(A) Be administered by a person who is appointed by the Governor.

(B) Administer this chapter, as it pertains to manufacturing, testing, and certification of testing laboratories for medical cannabis and medical cannabis products.

(3) The Division of Medical Cannabis Cultivation, which is established within the Department of Food and Agriculture, shall do all of the following:

(A) Be administered by a person who is appointed by the Governor.

(B) Administer this chapter as it pertains to cultivation of medical cannabis.

(4) The California Environmental Protection Agency and the California Natural Resources Agency shall coordinate and direct the following entities in the discharge of their designated regulatory responsibilities:

  • Here are the 7th and 8th agencies named….

(A) The State Water Resources Control Board shall promulgate regulations related to discharge into waterways, and diversion therefrom, resulting from cannabis cultivation.

(B) The Department of Fish and Wildlife shall promulgate regulations for the protection of any species affected by cultivation activity, and regulations for any cultivation-related development, including alteration of waterways.

  • 9th and 10th

(5) The Department of Justice shall conduct the following activities:

  • 11th agency…

(A) Perform criminal background checks of applicants for licensure.

(B) Develop uniform security standards for dispensaries and all phases of transport covered by this chapter.

(C) Provide supplemental enforcement on an as-needed basis at the request of the office.

19305.

 (a) The office and licensing authorities shall have the authority necessary for the implementation of this chapter, including, but not limited to, all of the following:

(1) Establishing rules or regulations necessary to carry out the purposes and intent of this chapter and to enable the office and licensing authorities to exercise the powers and perform the duties conferred by this chapter and in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These rules and regulations shall not limit the authority of a city, county, or city and county specified in Article 3 (commencing with Section 19307), or specified in Section 7 of Article XI of the California Constitution, or any other law. For the performance of its duties, the office has the powers set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. The office shall review all regulations and guidance promulgated by licensing authorities in the administration of this chapter to ensure no duplication, overlap, or inconsistent regulations occur between licensing authorities.

  • The whole damn state is full of inconsistencies in the law, so good luck.

(2) Issuing state licenses to persons for the cultivation, manufacture, transportation, and sale of medical cannabis within the state.

(3) Setting application, licensing, and renewal fees for state licenses issued pursuant to this chapter.

(4) Establishing standards for commercial cannabis activity.

(5) Establishing procedures for the issuance, renewal, suspension, denial, and revocation of state licenses.

(6) Imposing a penalty authorized by this chapter or any rule or regulation adopted pursuant to this chapter.

(7) Taking action with respect to an application for a state license in accordance with procedures established pursuant to this chapter.

(8) Overseeing the operation of the Medical Cannabis Regulation Fund, established pursuant to Section 19361.

(9) Consulting with other state or local agencies, departments, representatives of the medical cannabis community, or public or private entities for the purposes of establishing statewide standards and regulations.

(b) Protection of the public shall be the highest priority for the office and the licensing authorities in exercising the licensing, regulatory, and disciplinary functions pursuant to this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

  • The list above is a massive undertaking of this office which at this time just does not exist. Strange that this entirely new entity and “office” are going to be capable of implementing all of these tasks effectively. Or that the many interworking parts are going to play nicely together in order to make the program flow. All it takes is one agency stick in the mud to throw off the whole deal.

19306.

 (a) The office, by March 1, 2016, shall convene a task force, which shall advise the office on the development of standards pursuant to this chapter. The task force shall be responsible for recommending to the office the appropriate roles of each state entity as it pertains to this chapter, and shall recommend guidelines on communication and information sharing between state entities, and with local agencies, for implementation of this chapter. Notwithstanding Section 10231.5 of the Government Code, the task force shall submit a report on these standards, determinations, and guidelines for implementation of this chapter to the Legislature and state entities affected by this chapter by August 1, 2016. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

  • Tasks forces have always proven to be very productive. (rolls eyes)

(b) The task force shall be comprised of representatives of medical cannabis consumer advocates, environmental experts, public health experts, medical cannabis industry representatives, related regulatory authorities, labor, and law enforcement. The task force may also be comprised of representatives of the State Board of Equalization and Attorney General, and other state agencies, as deemed appropriate. The task force shall have a minimum of nine members, with one-third of the members appointed by the California State Assembly, one-third of the members appointed by the California State Senate, and one-third of the members appointed by the Governor. If there is an unequal divide between these three entities, the Governor shall make appointments for the difference.

  • Yes. I am certain the Assembly, the Senate, and the Governor will appoint folks who really have the interests of patients and providers in mind. Scary…

(c) Task force members shall serve on a voluntary basis and shall be responsible for costs associated with their participation in the task force. The licensing authorities shall not be responsible for travel costs incurred by task force members or otherwise compensating task force members for costs associated with their participation in the task force.

Article  3. Enforcement and Local Control

19307.

 (a) Each licensing authority shall work in conjunction with law enforcement agencies for the purposes of implementing, administering, and enforcing this chapter, and any regulations adopted pursuant to this chapter and taking appropriate action against licensees and others who fail to comply with this chapter or the regulations adopted pursuant to this chapter.

  • Always love law enforcement agencies to be involved. I thought we were talking civil matters though, right?

(b) The director and the persons employed by the licensing authorities for the administration and enforcement of this chapter are, for purposes of this chapter, peace officers in the enforcement of the penal provisions of this chapter, the regulations adopted pursuant to this chapter, and any other penal provisions of law prohibiting or regulating the cultivation, processing, storing, manufacturing, testing, transporting, or selling of medical cannabis. These persons may, while acting as peace officers, enforce any penal provisions of state law while in the course of their employment. GROSS

(c) The regulatory directors, persons employed by the licensing authorities for the administration and enforcement of this chapter, peace officers listed in Section 830.1 of the Penal Code, and officers listed in Section 830.6 of the Penal Code, while acting in the course and scope of their employment as peace officers, may, in enforcing this chapter, visit and inspect the premises of a licensee at any time during which the licensee is acting pursuant to the state license.

  • Any time…. Awesome.

(d) Peace officers of the Department of the California Highway Patrol, members of the University of California and California State University police departments, and peace officers of the Department of Parks and Recreation, as defined in subdivisions (a), (b), (c), and (f) of Section 830.2 of the Penal Code, may, in enforcing this chapter, visit and inspect the premises of a licensee at any time during which the licensee is acting pursuant to the state license.

  • Again with the “any time”

19308.

 (a) The office shall, in consultation with local governments, develop an enforcement framework that clarifies the enforcement roles of the state and local governments. Local agencies are authorized to enforce any state statutory or regulatory standard.

  • Any local cop with an axe to grind can enforce whatever the fuck he wants really….

(b) A state agency is not required by this section to enforce a city, county, city and county, or local law, ordinance, rule, or regulation regarding the site or operation of a facility or transporter issued a state license.

19309.

 (a) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this chapter and the rules, regulations, and standards promulgated by the office. The city shall further assume complete responsibility for any regulatory function relating to those licensees within the city limits that would otherwise be performed by the county or any county officer or employee, without liability, cost, or expense to the county.

  • City and County control powered by the state…. Interesting.

(b) For licensed facilities located within the unincorporated area of a county, the county shall have full power and authority to enforce this chapter and the rules, regulations, and standards promulgated by the office.

(c) It is the intent of the Legislature in enacting this chapter to provide for the statewide regulation of the commercial cannabis activity and the enforcement of laws relating to commercial cannabis activities without preempting city, county, or city and county ordinances regulating or banning these activities. This chapter is an exercise of the police powers of the state for the protection of the safety, welfare, health, peace, and morals of the people of the state.

  • Bans are here to stay forever, cemented into the law.

(d) Nothing in this chapter, or any regulations promulgated thereunder, shall be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.

19310.

 (a) The director of a licensing authority or a district attorney, county counsel, city attorney, or city prosecutor may bring an action in the name of the people of the State of California to enjoin a violation or the threatened violation of any provision of this chapter, including, but not limited to, a licensee’s failure to correct objectionable conditions following notice or as a result of a rule promulgated pursuant to this chapter, and to assess and recover civil penalties in accordance with this chapter. The action shall be brought in the county in which the violation occurred or is threatened to occur. A proceeding for injunctive relief brought pursuant to this chapter shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

  • That is a lot of people who can bring actions against cannabis providers….

(b) A state or local agency shall immediately notify the office and the appropriate licensing authority of violations or arrests made for violations over which the licensing authority has jurisdiction that involve a licensee or licensed premises. Notice shall be given within 10 days of the violation or arrest. The office or licensing authority shall promptly investigate as to whether grounds exist for suspension or revocation of the state license.

(c) This chapter shall not be construed to limit a law enforcement agency’s ability to investigate unlawful activity in relation to a state license.

(d) Nothing in this chapter shall prevent a city or other local governing body from taking action as specified in Section 11362.83 of the Health and Safety Code.

(e) The office shall establish procedures to provide state and local law enforcement, upon their request, with 24-hour access to information to verify a state license, track transportation manifests, and track the inventories of facilities issued a state license. This record shall allow state and local law enforcement to verify a state license and provide summary information on licensees consisting of the name of the licensee, the date the license was issued, the status of the license, and the licensee’s mailing address.

19311.

 (a) Licensing authorities and any relevant local agency may examine the books and records of a licensee and may visit and inspect the premises of a licensee as the licensing authority or local agency deems necessary to perform their duties under this chapter or local ordinance.

  • So they can inspect at will with no cause or need for legal representation on behalf of the licensee.

(b) If the licensee or any employee of the licensee refuses, impedes, obstructs, or interferes with an inspection pursuant to this chapter or local ordinance, or if the licensee fails to maintain or provide the books and records required by this chapter, the license may be summarily suspended and the licensing authority shall commence proceedings for the revocation of the state license in accordance with this chapter.

(c) All cultivation and dispensing licensees shall be subject to an annual audit, as specified by the licensing authority, in order to ensure proper documentation is kept at each facility. The reasonable costs of the audit shall be paid for by the licensee.

  • Why not the other licensees, as well? Yearly audit that I have to pay “reasonable fees” for. Hmm

19312.

 (a) This chapter shall in no way supersede the provisions of Measure D, approved by the voters of the City of Los Angeles on the May 21, 2013, ballot for the city, which granted medical cannabis businesses and dispensaries qualified immunity consistent with the terms of the measure and local ordinances. Notwithstanding the provisions of this part, cannabis businesses and dispensaries subject to the provisions of Measure D and its qualified immunity shall continue to be subject to the ordinances and regulations of the City of Los Angeles.

(b) It is the intent of the Legislature to recognize the unique circumstances of the City of Los Angeles with respect to Measure D and associated rules related to commercial cannabis activity.

  • Why the LA situation is not subject to the same regulation as other cities is baffling. The union worked the shit out of this angle to protect their own. BTW… how is the Measure D deal working out? (rolls eyes)

19313.

 (a) The actions of a licensee or provisional licensee, its employees, and its agents, that are permitted pursuant to both a state license or provisional license and a license or permit issued by the local jurisdiction following the requirements of the applicable local ordinances, and that are conducted in accordance with the requirements of this chapter and regulations adopted pursuant to this chapter, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law.

(b) The actions of a person who, in good faith and upon investigation, allows his or her property to be used by a licensee or provisional licensee, its employees, and its agents, as permitted pursuant to both a state license and a license or permit issued by the local jurisdiction following the requirements of the applicable local ordinances, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law.

(c) Conduct that is within the scope of a license issued pursuant to this chapter and permitted by local ordinance but not fully in compliance with this chapter shall be subject to the enforcement provisions of this chapter and shall not be subject to the penal provisions of state law generally prohibiting cannabis-related activity, unless and until the license is revoked.

(d) This section shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, without limitation, Section 7 of Article XI of the California Constitution.

19314.

 (a) A person engaging in commercial cannabis activity and operating an unlicensed facility, building, structure, vehicle, mobile unit, or location in violation of this chapter shall be subject to civil penalties of up to twice the amount of the license fee for each violation, and the office, licensing authority, or court may order the destruction of medical cannabis associated with that violation. Each day of operation shall constitute a separate violation of this section. All civil penalties imposed and collected pursuant to this section shall be deposited into the Medical Cannabis Fines and Penalties Account established pursuant to Section 19361.

  • So if you are caught growing without a license you have to pay twice the licensing fee EVERY day. Seems legit.

(b) If an action for civil penalties is brought by the Attorney General, the penalty collected shall be deposited into the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, the penalty collected shall be paid to the treasurer of the city in which the judgment was entered.

19315.

 (a) This chapter does not, nor do Article 2 (commencing with Section 11357) and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code, prevent a city, county, or city and county from doing any of the following:

(1) Adopting local ordinances inconsistent with this chapter that do the following:

(A) Regulate the location, operation, or establishment of a licensee or a person that cultivates, processes, possesses, stores, manufactures, tests, transports, distributes, or sells medical cannabis.

(B) Prohibit commercial cannabis activity within their jurisdiction.

(2) Providing for the administrative, civil, or criminal enforcement of the ordinances described in paragraph (1).

(3) Establishing a fee or tax for the operation of a licensee within its jurisdiction.

(4) Enacting and enforcing other laws or ordinances pursuant to the authority granted by Section 7 of Article XI of the California Constitution.

(b) Nothing in this chapter or in Article 2 (commencing with Section 11357) or Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code, shall prevent a city, county, or city and county from adopting or enforcing a zoning ordinance or other law, ordinance, or regulation that bans or regulates the location, operation, or establishment of a licensee or other person that engages in commercial cannabis activity.

  • Good to know the league of cities got their way and that municipalities can make their own rules for everything.

Article  4. Licensure

19316.

 (a) This chapter shall not apply to, and shall have no diminishing effect on the protections granted to, a patient or a primary caregiver pursuant to the Compassionate Use Act of 1996.

(b) (1) A patient who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use but who does not provide, donate, sell, or distribute cannabis to any other person is not, thereby, engaged in commercial cannabis activity and is, therefore, exempt from the licensure requirements of this chapter.

(2) A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code but who does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code is not engaged in commercial cannabis activity and is, therefore, exempt from the licensure requirements of this chapter.

  • So no more than 5 patients per caregiver. Where did this arbitrary number come from? Are other caregivers limited as such? What does this accomplish?

(c) Exemption from the license requirements of this chapter shall not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban.

  • We get it… you can ban everything if you want.

19317.

 The state shall have the right and authority to conduct state licensure activities and to regulate commercial cannabis activity pursuant to this chapter. Local governments have the right and authority to grant permits and regulate commercial cannabis activity within their jurisdiction pursuant to local ordinances. In the exercise of these rights and powers, the state and each of its agencies, and all local agencies, are hereby deemed not to be engaged in activities requiring licensure under this chapter.

  • So any agencies…. Quagmire for sure.

19318.

 (a) Licensing authorities shall issue state licenses to qualified applicants engaging in commercial cannabis activity pursuant to this chapter. Beginning January 1, 2018, no person shall engage in commercial cannabis activity without possessing a state license and a local permit. For purposes of this section, “state license” includes a provisional license issued pursuant to Article 6 (commencing with Section 19330).

  • 2018? Bajeezus…. We should be knee deep in adult use regulations by then.

(b) Local permits shall be determined by local ordinances. Licensing authorities issuing state licenses shall have sole authority to revoke a state license. Local agencies issuing local permits shall have sole authority to revoke a local permit.

  • Double the permits. Double the fun.

(c) The issuance of a state license shall not, in and of itself, authorize the recipient to begin business operations. The state license shall certify, at a minimum, that the applicant has paid the state licensing fee, successfully passed a criminal background check, and met state residency requirements.

(d) Even if a state license has been granted pursuant to this chapter, a facility shall not operate in a local jurisdiction that prohibits the establishment of that type of business. A facility shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a license or permit from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinances.

  • The dead horse being beaten here means you cannot operate where there is a ban. Yeah… We got that the last 19 times you said it.

(e) If a local government agency notifies the office or a licensing authority and provides evidence that a licensee or applicant within its jurisdiction is in violation of local ordinances relating to commercial cannabis activities, the licensing authority shall revoke the state license within 20 working days.

  • So if the locals get a stick up their ass you are fucked at the state too. Good to know.

(f) Revocation of either a state or local license shall terminate the ability of a medical cannabis business to operate within California.

19319.

 (a) On or before July 1, 2017, a licensing authority shall promulgate regulations for implementation and enforcement of this chapter, including, but not limited to, all of the following:

  • So before July 2017 (rolls eyes) they will have regulations figured out for the most part.

(1) A description of the various specific forms of commercial cannabis activity to be authorized by the various types of licenses.

(2) Procedures for the issuance, renewal, suspension, denial, and revocation of a state license.

(3) Procedures for appeal of fines and the appeal of denial, suspension, or revocation of a state license.

(4) Application, licensing, and renewal forms and fees.

(5) Time periods, not to exceed 90 days, by which the licensing authority shall approve or deny an application for a state license. The failure of the licensing authority to act upon an application for licensure within the time prescribed shall not be deemed approval of the application.

(6) Qualifications for licensees.

(7) Security requirements, including, but not limited to, procedures for limiting access to facilities and for the screening of employees.

(8) Requirements to ensure that all licensees and certified testing laboratories conform with applicable standards equivalent to state statutory environmental, agricultural, consumer protection, and food and product safety requirements. These standards shall be in addition, and not limited, to any other state and local requirements.

  • Going to have to be a lot of work done to standardize labs before this is relevant.

(b) Each state license application approved by the respective licensing authority pursuant to this chapter is separate and distinct.

(c) A state license application approved by a licensing authority pursuant to this chapter shall be valid for a period not to exceed one year from the date of approval unless revoked or suspended earlier than that date pursuant to this chapter or the rules or regulations adopted pursuant to this chapter.

(d) Each licensing authority may adopt regulations for additional licenses for cannabis activity within its statutory jurisdiction pursuant to this chapter, as deemed necessary.

(e) Each state license application approved by a licensing authority shall be reported to the office within 24 hours of its approval.

(f) A licensing authority shall not issue a state license unless the applicant has met all of the requirements of this chapter.

(g) Each licensing authority shall adopt regulations as needed to implement the relevant licensing program within one year following the establishment of provisional licenses, pursuant to Section 19330. The regulations shall not limit the authority of a city, county, or city and county pursuant to Section 7 of Article XI of the California Constitution or any other law. The regulations shall do all of the following:

  • Provisional licensing is where things will get ugly for sure….

(1) Establish procedures for approval or denial of applications for state licensure for each and every aspect of commercial cannabis activity, including, but not limited to, cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, and sale of cannabis.

(2) Establish applicant qualifications.

(3) Establish state licensee employee qualifications, including, but not limited to, training and screening requirements.

  • Wanna bet UFCW’s apprentice program is one of the training requirements?

(4) Establish state licensee security requirements, including, but not limited to, procedures to limit access to facilities and to prevent diversion of product to nonmedical use.

(5) Establish procedures and protocols for identifying, managing, and disposing of contaminated, adulterated, deteriorated, or excess product.

(6) Establish advertising, marketing, signage, and labeling requirements and restrictions.

(7) Establish procedures for the suspension, revocation, or surrender of a state license, and establishing related fines and penalties to be assessed against licensees for violations of this chapter.

  • All of this law, and virtually nothing is really spelled out and left up to bureaucrats to decide.

19320.

 (a) An applicant for a state license shall do all of the following:

(1) Pay the fee or fees required by this chapter for each state license for which an application is submitted.

(2) Register with the licensing authority on forms prescribed by the licensing authority. The forms shall contain sufficient information to identify the licensee, including all of the following:

(A) Name of the owner or owners of a proposed facility, including all persons or entities having an ownership interest other than a security interest, lien, or encumbrance on property that will be used by the applicant.

(B) The name, address, and date of birth of each principal officer and board member.

(C) The address and telephone number of the proposed facility.

(3) In the case of a dispensary, provide the name and address of each licensed cultivation site and licensed manufacturer from which the dispensary will acquire or obtain medical cannabis or medical cannabis products.

  • So how does a dispensary declare what licensed grower will provide cannabis if none are licensed before them?

(4) Provide a description, in writing, of the scope of business of the proposed facility.

(5) Provide evidence that the applicant and owner have been legal full-time residents of the state for not less than two years.

  • What other businesses require this type of residency threshold?

(6) Provide detailed operating procedures, in writing, for the proposed facility, which shall include, but not be limited to, procedures for facility and operational security, prevention of diversion, employee screening, storage of medical cannabis, personnel policies, and recordkeeping procedures.

(7) Submit the applicant’s fingerprint images as follows:

(A) For purposes of this paragraph, “applicant” means the owner or owners of a proposed facility, including all persons or entities having an ownership interest other than a security interest, lien, or encumbrance on property that will be used by the facility. If the owner is an entity, fingerprints shall be submitted for each person participating in the direction, control, or management of, or having a financial interest in, the proposed facility.

(B) The applicant shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance, pending trial or appeal.

(C) The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.

(D) The licensing authority shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants.

(E) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph.

(8) If applicable, provide documentation that the applicant will be in compliance with all local ordinances and regulations, including, but not limited to, an entity granted immunity under Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election.

(9) Provide evidence of the legal right to occupy and use an established location, including that, if the proposed facility is a cultivator or a dispensary, that the proposed facility is located beyond at least a 600-foot radius from a school, or, if applicable, an immunity from prosecution for that occupancy or use pursuant to Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election.

  • 600 ft and the feds still say 1000 ft. Way to go.

(10) Provide a statement, signed by the applicant under penalty of perjury, that the information provided is true.

(11) (A) For an applicant with 20 or more employees, provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement.

  • Forced unionization for businesses over 20 employees? Where else does this happen? Maybe an organization will limit who it hires to stay below this threshold? Good to know UFCW lobbying is this effective though.

(B) For the purposes of this paragraph, “employee” does not include a supervisor.

(C) For purposes of this paragraph, “supervisor” means an individual having authority, in the interest of the licensee, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(12) Provide any other information required by the licensing authority.

(13) For an applicant seeking a cultivation license, provide a statement declaring the applicant is an “agricultural employer,” as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), to the extent not prohibited by law.

(14) For an applicant seeking a cultivation or dispensary license, provide a notarized statement from the owner of real property or landlord where the cultivation or dispensing commercial medical cannabis activities will occur, as proof to demonstrate the landowner has acknowledged and consented to permit cultivation or dispensary activities to be conducted on the property by the tenant applicant.

(b) Each location and each discrete use of a single location shall require a separate state license. Each application for a state license is separate and distinct, and the licensing authority may charge a separate fee for each.

(c) For applicants seeking a state license to cultivate and manufacture, the application shall also include a detailed description of the operating procedures for all of the following, as applicable:

(1) Cultivation.

(2) Extraction and infusion methods.

(3) The transportation process.

(4) Inventory procedures.

(5) Quality control procedures.

19321.

 (a) Upon receipt of an application for licensure and the applicable fee, each licensing authority shall make a thorough investigation to determine whether the applicant and the premises for which a state license is applied qualify for the state license and whether this chapter has been complied with, and shall investigate all matters connected therewith that may affect the public welfare and morals.

(b) A licensing authority shall deny an application if either the applicant or the premises for which a state license is applied do not qualify for licensure under this chapter.

(c) A licensing authority may place reasonable conditions upon licensure if grounds exist for denial of the state license, and the licensing authority finds those grounds may be removed by the imposition of those conditions. However, the limitations set forth in paragraph (15) of subdivision (d) shall not be waived.

(d) Each licensing authority shall deny the application for licensure or renewal, or suspend or revoke a state license, if any of the following conditions apply:

(1) An entity making or authorizing in any manner or by any means a written or oral statement that is untrue or misleading and that is known, or that by exercise of reasonable care should be known, to be untrue or misleading.

(2) Conduct that constitutes fraud.

(3) Conduct constituting gross negligence.

(4) Failure to comply with the provisions of this chapter or any rule or regulation adopted pursuant to this chapter.

(5) Conduct that constitutes grounds for denial of licensure pursuant to Chapter 2 (commencing with Section 480) of Division 1.5.

(6) Local agencies have notified the licensing authority or the office and provided evidence that a licensee or applicant within its jurisdiction is in violation of local ordinances relating to medical cannabis activities.

(7) The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter or any applicable city, county, or city and county ordinance or regulation. If a local government adopts an ordinance or resolution authorizing medical cannabis to be cultivated, manufactured, stored, distributed, or sold within its jurisdiction, it shall submit to the office documentation detailing their renewal requirements.

(8) Granting or continuation of a state license would be contrary to the public welfare or morals.

(9) The applicant holding or seeking a state license has violated any law prohibiting conduct involving moral turpitude.

(10) The application has failed to state with sufficient specificity the jurisdiction and location at which the applicant proposes to establish operations.

(11) The applicant, or any of its officers, directors, or owners, is under 21 years of age.

(12) The applicant fails to provide notarized written proof that the owner of real property or landlord has acknowledged and consented to its tenant’s proposed cultivation or dispensing of medical cannabis or medical cannabis products.

(13) The applicant has failed to provide information requested.

(14) The applicant, or any of its officers, directors, or owners, has been convicted of a felony criminal conviction for drug trafficking involving a minor, felonies subject to enhancements Section 11370.4 or 11379.8 of the Health and Safety Code, a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code, a serious felony as specified in subdivision (c) of Section 1192.7 of the Penal Code, a felony offense involving fraud or deceit, or any other felony that, in the licensing authority’s determination, would impair the applicant’s ability to appropriately operate as a state licensee. The licensing authority may, at its discretion, issue a state license to an applicant that has obtained a certificate of rehabilitation pursuant to Section 4852.13 of the Penal Code.

  • This is super unclear and leaves a lot of former “marijuana crimes” up to interpretation. I am pretty sure that I would be excluded from the industry because I was arrested and convicted for a crime of doing exactly what is being licensed here. That amazes me.

(15) The applicant, or any of its officers, directors, or owners, is a licensed physician making patient recommendations for medical cannabis.

(16) The applicant, or any of its officers, directors, or owners, has been sanctioned by a licensing authority, the office, or a city, county, or a city and county for unlicensed commercial medical cannabis activities or has had a license revoked under this chapter in the previous three years.

(17) The applicant, or any of its officers, directors, or owners, has been subject to fines or penalty for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 of the Fish and Game Code.

(18) The proposed commercial medical cannabis activity will violate any applicable local law or ordinance.

(19) The applicant has had 20 employees or more in the past year and failed to enter into a labor peace agreement.

  • (rolls eyes)

(20)  The applicant or the owner is unable to establish that he or she has been a resident of the state for not less than 2 years.

(e) Applicants shall be notified of a denied application in writing via personal service or mail addressed to the address of the applicant or licensee set forth in the application. The denial letter shall contain the detailed reasons for which the application was denied. The applicant shall have the right to appeal the denial and be given a hearing within 30 days of the appeal. On appeal, the decision shall be upheld unless the applicant demonstrates that the applicant is in fact eligible for licensure and the application is in compliance with this chapter.

19323.

 (a) Provided the applicant has not committed an act or crime constituting grounds for the denial of licensure under Section 19321, a licensing authority may issue a state license and send a proof of issuance to the applicant.

(b) A licensing authority shall, by regulation, prescribe conditions upon which a person whose state license has previously been denied, suspended, or revoked, may be issued a state license.

19324.

 The office may adopt regulations to limit the number of state licenses issued pursuant to this chapter upon a finding that the otherwise unrestricted issuance of state licenses is dangerous to the public health and safety.

  • So there will be a cap on the amount of licenses issued, similar to liquor licenses.

Article  5. Regulation of Medical Cannabis

19325.

 (a) Except as provided in Section 11362.5 of, and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of, the Health and Safety Code, a person shall not sell medical cannabis to a patient or caregiver other than at a licensed dispensing facility or through delivery from a licensed dispensing facility.

  • So only a dispensary can deliver? Then what was the definition of delivery service meant to accomplish?

(b) Except as provided in Section 11362.5 of, and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of, the Health and Safety Code, a person shall not grow medical cannabis other than at a licensed cultivation site.

(c) Except as provided in Section 11362.5 of, and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of, the Health and Safety Code, a person other than a licensed manufacturer shall not manufacture medical cannabis or medical cannabis products.

(d) A person other than a licensed transporter shall not transport medical cannabis from one facility issued a state license to another.

(e) A licensed manufacturer may obtain medical cannabis from a licensed cultivator and may furnish medical cannabis products to a licensed dispensary.

(f) Medical cannabis and medical cannabis products shall be tested by a certified testing laboratory.

  • Should get interesting….

(g) For purposes of this section, “license” includes a provisional license issued pursuant to Section 19330.

  • Dun-dun-dun….

(h) This section shall become operative on July 1, 2017.

19326.

 (a) A licensee shall not cultivate, process, store, manufacture, transport, or sell medical cannabis in the state unless accurate records are kept at the licensed premises of the growing, processing, storing, manufacturing, transporting, or selling by the licensee.

(b) A licensee shall keep, at the licensed premises, accurate records of the specific commercial cannabis activity conducted by the licensee. The records shall include, at a minimum, all of the following for each batch of product:

(1) The name and address of the supplier.

(2) The dates on which the product was received.

(3) The amounts, form, and batch and lot number.

(4) The location of the cultivation site.

(5) The name of the employee who received the product.

(6) Records demonstrating compliance by the licensee with state and federal rules and regulations regarding reporting and taxation of income received.

(7) Receipts for all expenditures incurred by the licensee and banking records, if any, for all funds obtained or expended in the performance of any activity under the authority of the state license.

(c) Records shall be kept for a minimum of seven years.

(d) The office and an appropriate state or local agency may examine the books and records of a state licensee and may visit and inspect the premises of a state licensee, as the office or state or local agency deems necessary to perform its duties under this chapter.

(e) Books or records requested by the office or an appropriate state or local agency shall be provided by the licensee no later than five business days after the request is made.

(f) The office or a state or local agency may enter and inspect the premises of a facility issued a state license between the hours of 8 a.m. and 8 p.m. on any day that the facility is open, or at any reasonable time, to ensure compliance and enforcement of the provisions of this chapter or a local ordinance.

(g) If a licensee or an employee of a licensee refuses, impedes, obstructs, or interferes with an inspection pursuant to this section, the state license may be summarily suspended and the licensing authority shall directly commence proceedings for the revocation of the state license.

(h) If a licensee or an employee of a licensee fails to maintain or provide the books and records required pursuant to this section, the licensee shall be subject to a civil fine of fifteen thousand dollars ($15,000) per individual violation.

(i) All cultivation and dispensing licensees shall be subject to an annual audit, as specified by the licensing authority, in order to ensure proper documentation is kept at each site or facility. The reasonable costs of the audit shall be paid for by the licensee.

  • Gives a lot of power to regulators without any need for just cause…. And not to mention, forces people to incriminate themselves as long as weed is still federally illegal.

19327.

 (a) A licensee may only hold a state license in up to two separate license categories, as follows:

  • This is a real shit show. Why they would complicate matters in this way is beyond ridiculous.

(1) Type 1, 1A, and 5 licensees may apply for type 6A, 6B, 7A, and 7B licenses or type 10, 11, and 12 licenses.

(2) Type 6A, 6B, 7A, and 7B licensees may apply for type 1, 1A, and 5 licenses or type 10, 10D, 11, 11D, 12, and 12D licenses.

(3) Type 10, 11, and 12 licensees may apply for type 1, 1A, and 5 licenses or type 6A, 6B, 7A, and 7B licenses.

(4) Type 10D, 11D, and 12D licensees may apply for type 6A, 6B, 7A, and 7B licenses.

(b) Types 2, 2A, 3, 3A, 4, and 8 licensees shall not hold licenses in any other category.

(c) Type 9 licensees may apply only for one additional license from either the cultivation, manufacturing, or dispensing category.

(d) It is the intent of the Legislature to further develop which licensees may hold more than one license type.

  • Are you confused yet?

19328.

 Each licensing authority shall make recommendations to the Legislature pertaining to the establishment of an appeals and judicial review process for persons aggrieved by a final decision of the licensing authority.

19329.

 This chapter and Article 2 (commencing with Section 11357) and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code do not require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace or affect the ability of employers to have policies restricting the use of cannabis by employees, or prevent employers from complying with federal law.

Article  6. Provisional Licensing

19330.

 (a) Each licensing authority shall, as soon as practicable following January 1, 2016, allow a qualified applicant for licensure to apply for and receive a provisional license to engage in commercial cannabis activity so as to ensure an adequate supply of medical cannabis upon full implementation of this chapter.

  • Here is where the law will die. MOST local municipalities do not have regulations in place for production. It will take incredible political capital and desire to get these local laws passed, and most will either fail completely or take upwards of a year plus to accomplish. Have you ever seen thousands of growers dig up their money and try to bribe their local officials? This will be exciting. Considering most municipalities these days are actively trying to ban production, it blows my mind that somehow lawmakers believe anything will be “practicable” about this process.

(b) Each licensing authority shall establish appropriate fees not to exceed the reasonable regulatory costs to the licensing authority for the issuance of a provisional license under its jurisdiction.

(c) Each licensing authority shall, if the applicant meets all the requirements in this section, issue a provisional license to individuals and entities that the licensing authority determines were, during the three months prior to January 1, 2016, regularly cultivating, processing, manufacturing, transporting, or distributing medical cannabis collectively or cooperatively in full compliance with any applicable local ordinance, and to continue to do so until the licensee’s application for a state license has been approved or denied under this chapter, but no later than 90 days after the licensing authority begins accepting applications for regular state licenses. The licensing authority may consult with relevant local agencies in making a determination on whether a provisional license applicant is in compliance with applicable ordinances.

  • This is where the industry dies completely. NO ONE who grows or manufactures products are licensed or are in full compliance with any local ordinance, and none will be by this deadline. Sorry. You are all fucked. Thanks for playing. No more weed for anyone. Go home. The party is over. Here is where corruption will become king and everyone will be absolutely 100% fucked. This is your poison pill. Not sure what they don’t get about that, or how anyone in our industry does not see that and still supports this shit.

(d) To qualify for a provisional license, an applicant shall disclose to the appropriate licensing authority all of the following information in writing:

(1) The names, addresses, and dates of birth of each principal officer, owner, or board member.

(2) The common street address and assessor’s parcel number of the property at which the licensee conducts activity under the authority of the license.

(3) The common street address and assessor’s parcel number of the property at which cultivation activity was or is to be conducted.

(4) For the three months prior to January 1, 2016, the quantity of cannabis cultivated, processed, manufactured, tested, transported, or sold at a location, and the quantity expected to be cultivated, processed, manufactured, tested, transported, or sold from January 1, 2016, to July 1, 2016, inclusive. The licensee shall make its records of current activity, and activity for the three months prior to January 1, 2016, available to the licensing authority upon request.

  • Yeah. I know you didn’t even know our grow existed a few months ago, but we grew 200 pounds that we want to report to you. No big deal, right? We are good, right?

(5) For an applicant seeking a cultivation or dispensary license, a notarized statement from the owner of real property or landlord where the cultivation or dispensing of commercial cannabis activities will occur, as proof to demonstrate the landowner has acknowledged and consented to permit cultivation or dispensary activities to be conducted on the property by the tenant applicant.

(e) Upon receipt of the application materials and fee, if the applicant meets all the requirements of this section and if the applicant has not committed any act or crime constituting grounds for the denial of licensure, the licensing authority shall issue a provisional license and send a proof of issuance to the applicant.

(f) Notwithstanding any other provision of this section, a licensing authority shall not issue a provisional license to an individual or entity, or for a premises, against whom there are pending state or local administrative or judicial proceedings or actions initiated by a city, county, or city and county under an applicable local ordinance, or who has been determined through those proceedings to have violated a local ordinance related to cannabis activity, or that knowingly provides false or fraudulent information on an application for licensure.

(g) Entities that are provided immunity under Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election, shall be considered the equivalent of entities that are registered, permitted, or licensed as a medical cannabis business, dispensary, or other entity involved in providing medical cannabis to patients under a local ordinance and shall be considered in compliance with a local ordinance for the purposes of this section.

(h) A provisional licensee shall comply with all standards and requirements applicable to a licensee under this chapter, including, but not limited to, the production, recordkeeping, security, and transportation requirements and standards.

(i) Beginning July 1, 2017, all commercial cannabis activity shall be conducted between licensees of commercial cannabis activity. If the licensing authority has not promulgated its respective regulations by that date, the licensing authority shall provide an extension for all provisional licenses for applicants abiding by the provisions of this chapter.

Article  7. Licensed Cultivation Sites

19332.

 (a) The Division of Medical Cannabis Cultivation in the Department of Food and Agriculture shall promulgate regulations governing the licensing of cultivation sites. For purposes of this chapter, the Secretary of the Department of Food and Agriculture shall declare medical cannabis to be an agricultural product. The department shall develop standards for the production and labeling of all edible medical cannabis products, standards for the use of pesticides and rodenticides in cultivation, and, in consultation with the State Department of Public Health, maximum tolerances for pesticides, rodenticides, and other foreign object residue in harvested cannabis.

  • So if cannabis is an agricultural product, what other types of ag products can be banned? Can a City tell you that you cannot grow green beans?

(b) The Department of Food and Agriculture shall have the authority necessary for the implementation of this chapter. Department regulations shall do all of the following:

(1) Provide that weighing or measuring devices used in connection with the sale or distribution of medical cannabis are required to meet standards analogous to Division 5 (commencing with Section 12001).

(2) Require that the application of pesticides or other pest control in connection with the indoor or outdoor cultivation of medical cannabis shall meet standards analogous to Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its implementing regulations.

(3) Require that indoor and outdoor cannabis cultivation by licensees is conducted in accordance with state and local laws and best practices related to land conversion, grading, electricity usage, water usage, agricultural discharges, and similar matters.

(c) State licenses to be issued by the Division of Medical Cannabis Cultivation are as follows:

(1) Type 1, or “specialty outdoor,” for outdoor cultivation of less than 5,000 square feet of total area on one property. Maximum of 50 mature plants on the property.

(2) Type 1A, or “specialty indoor,” for indoor cultivation of less than 5,000 square feet of total area on one property. Maximum of 50 mature plants on the property.

(3) Type 2, or “small outdoor,” for outdoor cultivation between 5,001 and 10,000 square feet of total area on one property. Maximum of 99 mature plants on the property.

(4) Type 2A, or “small indoor,” for indoor cultivation between 5,001 and 10,000 square feet of total area on one property. Maximum of 99 mature plants on the property.

(5) Type 3, or “medium outdoor,” for outdoor cultivation between 10,001 and 30,000 square feet of total area on one property. Maximum of 299 mature plants on the property. The Division of Medical Cannabis Cultivation shall limit the number of licenses allowed of this type.

(6) Type 3A, or “medium indoor,” for indoor cultivation between 10,001 and 30,000 square feet of total area on one property. Maximum of 299 mature plants on the property. The Division of Medical Cannabis Cultivation shall limit the number of licenses allowed of this type.

(7) Type 4, or “large outdoor,” for outdoor cultivation greater than 30,001 square feet of total area on one property. Maximum of 500 mature plants on the property. The Division of Medical Cannabis Cultivation shall limit the number of licenses allowed of this type.

(8) Type 5, or “nursery,” for cultivation of medical cannabis solely as a nursery. Type 5 licensees may transport live plants.

  • Who decided these arbitrary numbers? I am guessing “total area” does not mean plant canopy.

(d) All license fees collected by the division pursuant to this chapter shall be deposited into the Medical Cannabis Cultivation Fees Account, which is hereby established within the fund. All moneys within this account are available upon appropriation by the Legislature to the division solely for the purposes of fully funding and administering this chapter, including, but not limited to, the costs incurred by the division for its administrative expenses and costs and the costs of regulation.

(e) It is the intent of the Legislature to establish appropriate protocols for the collection of the specific location of cultivation sites.

Article  8. Licensed Dispensing Facilities

19334.

 (a) The State Board of Equalization shall promulgate regulations governing the licensing and regulation of wholesalers, dispensing facilities, and transporters. State enforcement shall be conducted in coordination with local authorities.

(b) State licenses to be issued by the State Board of Equalization are as follows:

(1) Type 9, or “wholesale,” for the storage of medical cannabis or medical cannabis products. Maximum storage shall be two pounds of dried flower or 200 individual units per medical cannabis product.

  • 2 pounds? I got that stored right now at the house.

(2) Type 10, or “small dispensary,” for dispensaries with 1-50 employees, including management.

(3) Type 10D, or “small dispensary-delivery,” for dispensaries with the same restrictions as Type 10; also allows for delivery.

(4) Type 11, or “medium dispensary,” for dispensaries with 51-100 employees, including management.

(5) Type 11D, or “medium dispensary-delivery,” for dispensaries with the same restrictions as Type 11; also allows for delivery.

(6) Type 12, or “large dispensary,” for dispensaries with 100 employees or more, including management.

(7) Type 12D, or “large dispensary-delivery,” for dispensaries with the same restrictions as Type 12; also allows for delivery.

(8) Type 13, or “transport,” for transporters of medical cannabis and medical cannabis products.

  • Such a weird breakdown…. Ugh.

Article  9. Licensed Transporters

19336.

 (a) A licensee authorized to transport, or transport and deliver, medical cannabis and medical cannabis products shall do so only as set forth in this chapter.

(b) Prior to transporting or delivering medical cannabis or medical cannabis products, a licensee authorized to transport or deliver medical cannabis or medical cannabis products shall do both of the following:

(1) Complete an electronic shipping manifest as prescribed by the licensing authority. All delivery shipping manifests shall not identify the qualified patient or primary caregiver by name or address.

(2) Securely transmit the manifest to the licensing authority and the licensee that will receive the medical cannabis product, as applicable.

(c) During transportation or delivery, the licensed transporter shall maintain a physical copy of the shipping manifest and make it available upon request to agents of the licensing authority, local law enforcement officers, or any other designated enforcement agency.

(d) The licensee receiving the shipment shall maintain each electronic shipping manifest and shall make it available upon request to agents of the licensing authority, local law enforcement officers, or any other designated enforcement agency.

(e) Upon receipt of the transported shipment, a licensee shall submit to the licensing agency a record verifying receipt of the shipment and the details of the shipment.

19337.

 (a) Transported and delivered medical cannabis or medical cannabis products shall be transported only in a storage compartment that is securely affixed to the interior of the transporting vehicle and that is not visible from outside the vehicle. This requirement shall only apply to licensees transporting medical cannabis or medical cannabis products with a total retail value of at least an amount equal to a statewide monetary threshold, which shall be adopted by regulation by the licensing authority after review by the task force and the office.

(b) A vehicle transporting medical cannabis or medical cannabis products shall travel only directly between licensed facilities, unless otherwise authorized under its license.

(c) All transport or delivery vehicles shall be staffed with a minimum of two employees. At least one employee shall remain with the vehicle at all times when the vehicle contains medical cannabis. This requirement shall only apply to licensees transporting medical cannabis or medical cannabis products with a total retail value of at least an amount equal to a statewide monetary threshold, which shall be adopted by regulation by the licensing authority after review by the task force and the office.

(d) Each transport or delivery team member shall possess documentation of licensing and a government-issued identification card at all times when transporting or delivering medical cannabis and shall produce it upon the request of agents of any regulatory authority or a law enforcement official.

  • And they just send OxyContin through the mail. Awesome.

19338.

 (a) The licensing authority shall develop a database containing the electronic shipping manifests, which shall include, but not be limited to, the following information:

(1) The quantity, or weight, and variety of products shipped.

(2) The estimated times of departure and arrival.

(3) The quantity, or weight, and variety of products received.

(4) The actual time of arrival.

(5) A categorization of the product.

(b) The database shall be designed to flag irregularities for a regulatory authority to investigate. An authorized enforcement authority may, at any time, inspect shipments and request documentation for current inventory.

19339.

 (a) This chapter shall not be construed to authorize or permit a licensee to transport or deliver, or cause to be transported or delivered, cannabis or cannabis products outside the state, unless authorized by federal law.

(b) A local jurisdiction shall not prevent transportation of medical cannabis or medical cannabis products on public roads by a licensee transporting medical cannabis or medical cannabis products that acts in compliance with this chapter and applicable local ordinances.

19340.

 (a) All mobile, vehicular, and Internet-based delivery services are prohibited except as authorized by this chapter.

(b) Upon approval of the licensing authority, a licensee authorized to provide delivery services shall abide by the following:

(1) The city, county, or city and county in which the premises of the licensee is located, and in which each delivery is made, must specifically permit delivery service by ordinance referring to this section.

(2) All employees delivering medical cannabis or medical cannabis products must carry a current license authorizing those services with them during deliveries, and must present that license upon request to state and local law enforcement, employees of regulatory authorities, and other state and local agencies enforcing this chapter.

(c) A city, county, or city and county shall have the authority to impose a tax, pursuant to Section 19355, on each delivery transaction completed by a licensee.

(d) Whenever a licensing authority has knowledge that a licensee has transported or delivered, or arranged or facilitated the transport or delivery of, medical cannabis or medical cannabis products in violation of this chapter, the licensing authority shall summarily suspend that facility’s license and shall without delay commence proceedings for the revocation of the license in accordance with this chapter.

(e) All license fees collected by the licensing authority pursuant to this chapter shall be deposited into the Medical Cannabis Retail Fees Account, which is hereby established within the fund. All moneys within the Medical Cannabis Retail Fees Account are available upon appropriation to the State Board of Equalization, solely for the purposes of fully funding and administering this chapter, including, but not limited to, the costs incurred by the board for its administrative expenses and costs and the costs of regulation.

  • So basically, fuck your delivery service…..

Article  10. Licensed Manufacturers and Certified Laboratories

19342.

 (a) The Division of Medical Cannabis Manufacturing and Testing within the State Department of Public Health shall promulgate regulations governing the licensing of cannabis manufacturers.

(b) Licenses to be issued by the division are as follows:

(1) Type 6A, or “small manufacturing level 1,” for manufacturing sites that use a maximum of XXX pounds of medical cannabis each year to produce medical cannabis products, using nonvolatile solvents.

(2) Type 6B, or “small manufacturing level 2,” for manufacturing sites that use a maximum of XXX pounds of medical cannabis each year to produce medical cannabis products, using volatile solvents.

(3) Type 7A, or “large manufacturing level 1,” for manufacturing sites that use a maximum of XXX pounds of medical cannabis each year to produce medical cannabis products, using nonvolatile solvents. The division shall limit the number of licenses of this type.

(4) Type 7B, or “large manufacturing level 2,” for manufacturing sites that use a maximum of XXX pounds of medical cannabis each year to produce medical cannabis products, using volatile solvents. The division shall limit the number of licenses of this type.

(5) Type 8, or “testing,” for testing of medical cannabis and medical cannabis products. Type 8 licensees shall have their facilities certified according to regulations set forth by the division.

(c) All license fees collected by the division pursuant to this chapter shall be deposited into the Medical Cannabis Manufacturing and Testing Fees Account, which is hereby established within the fund. All moneys within the Medical Cannabis Manufacturing and Testing Fees Account are available upon appropriation by the Legislature to the division, solely for the purposes of fully funding and administering this chapter, including, but not limited to, the costs incurred by the division for its administrative expenses and costs and the costs of regulation.

  • Super…. What is an XXX is anyone’s guess. Like I said… ZERO licenses for cultivation or manufacturing currently exist, so everyone is fucked come provisional licensing and there will be no weed for anyone to sell. Stupidest shit ever. Shame on those supporting this bullshit.

19343.

 (a) The State Department of Public Health shall promulgate standards for certification of testing laboratories to perform random sample testing of all medical cannabis products, including standards for onsite testing.

(b) Certification of testing laboratories shall be consistent with general requirements for the competence of testing and calibration activities, including sampling, using standard methods established by the International Organization for Standardization, specifically ISO/IEC 17020 and ISO/IEC 17025.

(c) These requirements shall apply to all entities, including third-party laboratories, engaged in the testing of medical cannabis pursuant to this chapter.

  • And none of them can still test food right, and their results all still vary by up to 40%. SHIT SHOW.

19344.

 (a) A laboratory certified by the department to perform random sample testing of medical cannabis products shall not acquire, process, possess, store, transfer, transport, or dispense medical cannabis for any purpose other than those authorized by Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.

(b) A laboratory certified by the department to perform random sample testing of medical cannabis products shall not acquire, process, possess, store, transfer, transport, or dispense medical cannabis plants or medical cannabis products except through a patient, primary caregiver, or a facility issued a state license. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.

(c) The department shall develop procedures to ensure that testing of cannabis occurs prior to delivery to dispensaries or any other business, and specify how often licensees shall test cannabis, that the cost of testing shall be borne by the licensed cultivators, and requiring destruction of harvested batches whose testing samples indicate noncompliance with health and safety standards promulgated by the department, unless remedial measures can bring the cannabis into compliance with quality assurance standards as promulgated by the department.

(d) The department shall establish a certification fee, and laboratories shall pay a fee to be certified. Certification fees shall not exceed the reasonable regulatory cost of the certification activities.

(e) All certification fees collected by the department pursuant to this chapter shall be deposited into the Medical Cannabis Manufacturing and Testing Fees Account, which is hereby established within the fund.

  • So labs cannot test patient medicine. Only licensed medicine. Doesn’t say how much of the medicine is required to be tested. Should get interesting for sure.

19345.

 (a) The Division of Medical Cannabis Manufacturing and Testing within the State Department of Public Health shall promulgate the following standards:

(1) Health and safety standards applicable to all medical cannabis, and medical cannabis products, including maximum potency standards.

(2) Standards for licensed manufacturers of medical cannabis and medical cannabis products, including, but not limited to, edible products.

(b) At a minimum, the standards required by this section shall do all of the following:

(1) Prescribe sanitation standards analogous to the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) for food preparation, storage, handling, and sale of edible medical cannabis products. For purposes of this chapter, edible medical cannabis products are deemed to be unadulterated food products.

(2) Require that edible medical cannabis products produced, distributed, provided, donated, or sold by licensees shall be limited to nonpotentially hazardous food, as established by the State Department of Public Health pursuant to Section 114365.5 of the Health and Safety Code.

(3) Require that facilities in which edible medical cannabis products are prepared shall be constructed in accordance with applicable building standards, health and safety standards, and other state laws.

(4) Require that all edible medical cannabis products shall be packaged at the original point of preparation.

(c) No person shall engage in the manufacture, packing, or holding of processed food containing edible cannabis unless the person has a valid registration from the department pursuant to Section 110460 of the Health and Safety Code. Health and safety standards prescribed by this section or promulgated through regulation may be enforced by local environmental health departments.

  • Always nice to kick the edible folks around a little more than everyone else.

19346.

 (a) Prior to sale or distribution at a licensed dispensing facility, edible medical cannabis products shall be labeled and in a tamper-evident package. Labels and packages of edible medical cannabis products shall meet the following requirements:

(1) Edible medical cannabis packages and labels shall not be made to be attractive to children.

(2) All edible medical cannabis product labels shall include the following information, prominently displayed and in a clear and legible font:

(A) Manufacture date and source.

(B) The statement “KEEP OUT OF REACH OF CHILDREN AND ANIMALS” in bold print.

(C) The statement “FOR MEDICAL USE ONLY.”

(D) The statement “THE INTOXICATING EFFECTS OF THIS PRODUCT MAY BE DELAYED BY UP TO TWO HOURS.”

(E) Net weight of medical cannabis in the package.

(F) A warning if nuts or other known allergens are used and the total weight, in ounces or grams, of medical cannabis in the package.

(G) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC) and cannabidiol (CBD) content, the THC amount in milligrams per serving, servings per package, and the THC amount in milligrams for the package total.

(H) Clear indication, in bold type, that the product contains medical cannabis.

(I) Identification of the source and date of cultivation and manufacture.

(J) The name and location of the licensed dispensing facility providing the product.

(K) The date of sale.

(L) Any other requirement set by the department.

(b) Only generic food names may be used to describe edible medical cannabis products.

  • So the whole edible game is changed. At least the edibles I produce already meet most of these requirements, unlike most of these sexy bitches out here. Welcome to the world of medical. There are  bunch of weird requirements here that are just overkill.

Article  11. Cannabis Employee Certification and Apprenticeship

19350.

 

  • AKA the UFCW owns you chapter….

 

 This article applies only to cultivation sites and dispensaries.

  • Why?

19351.

 The Division of Labor Standards Enforcement shall do all of the following:

(a) Maintain minimum standards for the competency and training of employees of a licensed cultivator or dispensary through a system of testing and certification.

(b) Maintain an advisory committee and panels as necessary to carry out its functions under this article. There shall be employer representation on the committee and panels.

(c) Adopt regulations as determined to be necessary to implement this article.

(d) Issue certification cards to employees certified pursuant to this article.

(e) Establish registration fees in an amount reasonably necessary to implement this article, not to exceed twenty-five dollars ($25) for the initial registration. There shall be no fee for annual renewal of registration. Fees collected for cultivation sites and dispensaries shall be placed into the Medical Cannabis Cultivation Fee Account and the Medical Cannabis Retail Fee Account, respectively.

19352.

 (a) By January 1, 2017, the Division of Labor Standards Enforcement shall develop a certification program for cannabis employees. Commencing January 1, 2019, except as provided in subdivision (c), certification shall be required of all persons who perform work as cannabis employees.

(b) Individuals desiring to be certified shall submit an application for certification and examination.

(c) (1) Certification is not required for registered apprentices working as cannabis employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of his or her term of apprenticeship shall be permitted to take the certification examination and, upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.

(2) Commencing January 1, 2019, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification provided that the person shall be under the direct supervision of a cannabis employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.

(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision.

  • ROLLS EYES

19353.

 (a) The following shall constitute additional grounds for disciplinary proceedings, including suspension or revocation of the license issued pursuant to this chapter:

(1) The licensee willfully employs one or more uncertified persons to perform work as cannabis employees in violation of this article.

(2) The licensee willfully fails to provide adequate supervision of uncertified workers.

(3) The licensee willfully fails to provide adequate supervision of apprentices.

(b) The Labor Commissioner shall maintain a process for referring cases to the appropriate regulatory authority when it has been determined that a violation of this section has likely occurred. The Labor Commissioner shall have a memorandum of understanding with the regulatory authorities in furtherance of this section.

(c) Upon receipt of a referral by the Labor Commissioner alleging a violation under this section, the appropriate licensing authority shall open an investigation. Disciplinary action against the licensee shall be initiated within 60 days of the receipt of the referral. The licensing authority may initiate disciplinary action against a licensee upon his or her own investigation, the filing of a complaint, or a finding that results from a referral from the Labor Commissioner alleging a violation under this section. Failure of the employer or employee to provide evidence of certification or apprentice status shall create a rebuttable presumption of violation of this section.

(d) This section shall become operative on January 1, 2019.

  • By January 2019 no one will give a shit….

Article  12. Taxation

19355.

 The office and other state agencies may assist state taxation authorities in the development of uniform policies for the state taxation of state licensees.

  • Show me the money…. Want to see a fight? Watch this.

19356.

 (a) (1) In addition to any authority otherwise provided by law, the board of supervisors of a county may impose, by ordinance, a tax on the privilege of cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing cannabis by a licensee operating pursuant to this chapter. The tax may be imposed for general governmental purposes or for purposes specified in the ordinance by the board of supervisors.

(2) The board of supervisors shall specify in the ordinance proposing the tax the activities subject to the tax, the applicable rate or rates, the method of apportionment, and the manner of collection of the tax. A tax imposed pursuant to this section is a tax and not a fee or special assessment, and the tax is not required to be apportioned on the basis of benefit to any person or property or be applied uniformly to all taxpayers or all real property.

(3) A tax imposed by a county pursuant to this section by a county may include a transactions and use tax imposed solely for cannabis or cannabis products, which shall otherwise conform to Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. Notwithstanding Section 7251.1 of the Revenue and Taxation Code, the tax may be imposed at any rate specified by the board of supervisors, and the tax rate authorized by this section shall not be considered for purposes of the combined tax rate limitation established by that section.

(4) The tax authorized by this section may be imposed upon any or all of the activities set forth in paragraph (1), regardless of whether the activity is undertaken individually, collectively, or cooperatively, and regardless of whether the activity is for compensation or gratuitously, as determined by the board of supervisors.

(5) The board of supervisors shall specify whether the tax applies throughout the entire county or within the unincorporated area of the county.

(b) In addition to any other method of collection authorized by law, the board of supervisors may provide for the collection of the tax imposed pursuant to this section in the same manner, and subject to the same penalties and priority of lien, as other charges and taxes fixed and collected by the county.

(c) Any tax imposed pursuant to this section shall be subject to applicable voter approval requirements imposed by any other law.

(d) For purposes of this section, “cannabis” shall have the same meanings as the definition set forth in Section 19300.

(e) This section does not limit or prohibit the levy or collection or any other fee, charge, or tax, or any license or service fee or charge upon, or related to, the activities set forth in subdivision (a), as otherwise provided by law. This section shall not be construed as a limitation upon the taxing authority of any county as provided by other law.

Article  13. Funding

19360.

 Each licensing authority shall establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing this chapter, as follows:

(a) Each licensing authority shall charge each licensee a licensure or renewal fee. The licensure or renewal fee shall be calculated to cover the costs of administering this chapter. The licensure fee may vary depending upon the varying costs associated with administering the various regulatory requirements of this chapter as they relate to the nature and scope of the different licensure activities, but shall not exceed the reasonable regulatory costs to the licensing authority.

(b) The total fees assessed pursuant to this chapter, including, but not limited to, provisional license fees set forth in Section 19330, shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs of administering this chapter.

  • Fees will vary across the state. Super.

19361.

 (a) The Medical Cannabis Regulation Fund is hereby established within the State Treasury. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on the moneys in the fund.

(b) Except as otherwise provided, all moneys collected pursuant to this chapter as a result of fines or penalties imposed under this chapter shall be deposited directly into the Medical Cannabis Fines and Penalties Account, which is hereby established within the fund, and shall be available, upon appropriation by the Legislature to the office, for the purposes of funding the enforcement grant program pursuant to subdivision (c).

(c) (1) The office shall establish a grant program to allocate moneys from the Medical Cannabis Fines and Penalties Account to state and local entities for the following purposes:

(A) To assist with medical cannabis regulation and the enforcement of this chapter and other state and local laws applicable to cannabis activities.

(B) For allocation to state and local agencies and law enforcement to remedy the environmental impacts of cannabis cultivation.

(2) The costs of the grant program under this subdivision shall, upon appropriation by the Legislature, be paid for with moneys in the Medical Cannabis Fines and Penalties Account.

(d) Funds for the establishment and support of the regulatory activities pursuant to this chapter may be advanced as a General Fund or special fund loan, and shall be repaid by the initial proceeds from fees collected pursuant to this chapter or any rule or regulation adopted pursuant to this chapter, by January 1, 2022.

  • Yes. Why earmark the funds for education or anything silly like that?

Article  14. Reporting

19363.

 On or before March 1 of each year, the director shall prepare and submit to the Legislature an annual report on the office’s activities and post the report on the office’s Internet Web site. The report shall include, but not be limited to, the following information for the previous fiscal year:

(a) The amount of funds allocated and spent by the office and licensing authorities for medical cannabis licensing, enforcement, and administration.

(b) The number of state licenses issued, renewed, denied, suspended, and revoked, by state license category.

(c) The average time for processing state license applications, by state license category.

(d) The number and type of enforcement activities conducted by the licensing authorities and by local law enforcement agencies in conjunction with the licensing authorities or the office.

(e) The number, type, and amount of penalties, fines, and other disciplinary actions taken by the licensing authorities.

Article  15. Privacy

19365.

 (a) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the office or licensing authorities for the purposes of administering this chapter are confidential and shall not be disclosed pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for authorized employees of the State of California or any city, county, or city and county to perform official duties pursuant to this chapter, or a local ordinance.

(b) Nothing in this section precludes the following:

(1) Employees of any of the office or licensing authorities notifying state or local agencies about information submitted to the agency that the employee suspects is falsified or fraudulent.

(2) Notifications from any of the office or licensing authorities to state or local agencies about apparent violations of this chapter or applicable local ordinance.

(3) Verification of requests by state or local agencies to confirm licenses and certificates issued by the regulatory authorities or other state agency.

(4) Provision of information requested pursuant to a court order or subpoena issued by a court or an administrative agency or local governing body authorized by law to issue subpoenas.

(c) Information shall not be disclosed by any state or local agency beyond what is necessary to achieve the goals of a specific investigation, notification, or the parameters of a specific court order or subpoena.

SEC. 7.

Section 11362.775 of the Health and Safety Code is amended to read:

 

11362.775.

Qualified (a)  Subject to subdivision (b), qualified  patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order to  collectively or cooperatively to  cultivate marijuana cannabis  for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.

(b) This section shall remain in effect only until 180 days after the Division of Medical Cannabis Regulation within the State Board of Equalization posts a notice on its Internet Web site that the licensing authorities have commenced issuing provisional licenses pursuant to the Medical Cannabis Regulation and Control Act (Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code), and as of that date is repealed.

  • And SB 420 dies its slow death…..

SEC. 8.

Section 147.5 is added to the Labor Code, to read:

 

147.5.

 (a) By January 1, 2017, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities of facilities issued a license pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code.

(b) By July 1, 2017, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By July 1, 2017, the board shall render a decision regarding the adoption of industry-specific regulations pursuant to this section.

SEC. 9.

Section 3094 is added to the Labor Code, to read:

 

3094.

 The Division of Apprenticeship Standards shall investigate, approve, or reject applications for apprenticeship programs for employees of a licensee subject to Article 11 (commencing with Section 19350) of Chapter 3.5 of Division 8 of the Business and Professions Code. The Division of Apprenticeship Standards shall adopt regulations necessary to implement and regulate the establishment of the apprenticeship programs described in this section.

  • I own a school in Massachusetts, and still think this is bullshit….

SEC. 10.

Section 2402.5 is added to the Vehicle Code, to read:

 

2402.5.

 The Department of the California Highway Patrol shall establish protocols to determine whether a driver is operating a vehicle under the influence of cannabis, and shall develop protocols setting forth best practices to assist law enforcement agencies. The costs to the Department of the California Highway Patrol of implementing this subdivision shall, upon appropriation by the Legislature, be paid for with appropriations from moneys in the Fines and Penalties Account of the Medical Cannabis Regulation Fund.

  • Way to let the CHP determine their own standards. (rolls eyes)

SEC. 11.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 12.

 The Legislature finds and declares that Section 6 of this act, which adds Chapter 3.5 (commencing with Section 19300) to Division 8 of the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

It is necessary to maintain the confidentiality of patient and physician information provided to the regulatory authorities in order to protect the private medical information of patients who use medical cannabis and to preserve the essential confidentiality of the physician and patient relationship.

SEC. 13.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Reform CA vs. ReformCA.org: Let the Shit Show Begin

reformca.logo.44 VS.  Reform.Square

Sometimes things start out as a joke, and then become more serious as things unfold; but there is nothing funny about losing another election for cannabis freedom in California. Or even more so, getting stuck with a law that sucks because we let those who do not have the best interest of cannabis users and providers run amok with the process with zero checks and balances.

So let’s start by figuring out who and what “ReformCA” is… Late last year I began to hear about a group forming called Reform CA that was going to be organizing the effort for a 2016 initiative in the State of California. Being that I have spent the better part of my life fighting for cannabis freedom in California, I was somewhat surprised that I had no idea who the fuck these people were. So I went and checked out their fancy new website where, at the time, was listed a whole host of individuals and organizations that were supposedly involved. Literally damn near everyone was included, like there was some huge inclusive effort being put forth; but reality was anything but that really.

After further investigation, I found out that Reform California was a basic rebranding of the group called the “Coalition for Cannabis Policy Reform“… the group that developed after the Prop. 19 loss who vowed to make a comeback after their poorly run campaign effort failed in 2010. If you go to their site and look at the “About” page their list of supporters has dwindled and they recently added a link to their Coalition page; but they do not list directly on their page who the fuck they are and why we should give a shit. If you read down to the bottom of the page you get this:

ReformCA is an initiative of the Coalition for Cannabis Policy Reform (CCPR), a registered 501(C)(4) non-profit organization based in Oakland. More information about CCPR is available at CannabisPolicyReform.org.

It always fascinates me when a group does not have the courage to directly list who they are on their page, but at least now they have this handy link to the CCPR page, which has listed a Board of Directors…. So here is the list of folks on the Board who are supposedly behind the ReformCA effort:

  • Dale Sky Jones- Oaksterdam/Prop 19
  • Alice Huffman- NAACP
  • Dale Gieringer- CANORML
  • Dan Rush- UFCW
  • Jeff Jones- Patient ID Center/Prop 19
  • David Bronner- Dr. Bronner’s
  • Antonio Gonzales- William C. Velasquez Institute
  • Richard Lee- Oaksterdam/Prop. 19
  • Jim O’Neil- Peter Thiel Consultant
  • Aaron Houston- Weedmaps
  • Stacia Costner- SSDP
  • Neil Franken- LEAP
  • Debby Goldsberry- UFCW?
  • Kristen Nevedal- Emerald Growers Association
  • Don Duncan- Americans for Safe Access
  • Joe Rogoway- Attorney
  • Graham Boyd- ACLU/Peter Lewis (Honorary Board Member)
  • Stephen Gutwillig- Drug Policy Alliance (Honorary Board Member

Sounds like an amazing effort, no? Well don’t let the smoke and mirrors fool you. I don’t think half of the people listed a Board Members even know they are on the Board, or at least do not seem to take active roles with the group. Have you heard about Reform CA, but kept wondering who the fuck was behind it really like the rest of us? Well… I am not even sure they know at this point. I am not even sure they know what their mission and objectives are. They just know that they feel if legalization efforts are going to happen in California that they deserve to lead the effort because apparently they have been standing around the longest or some shit.

Let’s be completely honest though… The list of people above is not really the group of folks who are putting forth the ReformCA effort. It is a handful of them that are really working on the project. The majority have not publicly announced their involvement or support for the Reform effort. But back to my story….

So after realizing that this group was developing and coronating themselves the legalization prom queen, I began to try and figure out who was what, and why I had not been invited to take part in the effort. Was it me? Probably. I can admit that my harsh criticism and forward thinking have rubbed many people the wrong way. Swing a dead cat around and you will likely hit a person who I have been critical of, or God forbid, made a funny meme about. Sue me. But I figured that even with my controversial reputation that I would at least get a courtesy heads up that this group was planning on leading the charge for legalization in CA, and wanted to be the point people for an effort that will certainly change my life forever. I can admit I was a little offended at first, as I believe I have paid my dues in this community and have certainly given a lot of myself to inspiring cannabis freedom.

So after a little digging it was brought to my attention that this group was primarily being put forth by CCPR, and being lead by Dale Sky Jones, Jeff Jones, and Richard Lee… the faces of Prop. 19. This sort of pissed me off, as I spent a lot of time, energy, and political capital fighting for Prop. 19 when EVERYONE else hated it and the folks who ran the campaign could not be bothered to fight their own fight. I was one of the most vocal advocates for the law, which I still believe for all of its issues would be better than where we are today; but I digress. I just found it funny, and mildly offensive, that a group headed up by folks whose honor I spent a hell of a lot of time defending could not be bothered to reach out to me about their plans. But that is cool… Like whatever, man.

RichardLee.1

After understanding that this ReformCA group was just a regurgitation of the CCPR group and others who I thought lost their fucking minds for deciding to pass on 2014 and who chose to ignore the momentum of 2012, which I wrote about in a piece entitled, “You gotta be shitting me….. 2016? Excuses Suck” I knew there was a problem. Further review of the situation enlightened me that this group was also being spearheaded by the likes of Dale Gieringer of CANORML, Don Duncan of ASA, and Dan Rush of UFCW, which explained why I was likely shunned in the deal. I have not been short on criticisms of these figureheads whose failed leadership has been disastrous in the cannabis community. Dale Gieringer continues to play political football in the community, and has been one of the least effective leaders I have ever met. This is a guy who refused to co-author my book Medical Marijuana 101 because I was “too big of a cheerleader for cannabis” in my writing. LOL.

Then you add in Don Duncan’s issues with ASA and their coalition of restriction partnered by Dan Rush of UFCW, and you understand that I have had a lot to say about the failures of these groups’ efforts. ASA and UFCW have continued to advocate for a more restrictive cannabis industry since partnering up in 2012 to try and push a medical initiative that they fabricated support for, which took the wind out of the sails of adult use legalization efforts across the State. Then they conspired to pass Measure D in LA, which put hundreds of dispensaries out of business, and was the most restrictive effort on the ballot. Don Duncan used his power with ASA to save his own dispensary, which he sold to a group once headed up by Montel Williams. UFCW twisted the arms of most GLACA members to become union shops, and in turn used their political muscle to give them a competitive advantage with Measure D. Americans for Safe Access and the United Food and Commercial Workers Union continue to use their political influences to support legislation in Sacramento that would only allow a select few to compete in the market, including language that cements the union’s place in the market. No one in their right mind or who has been paying attention for the last few years, believes that CANORML, ASA, or UFCW have their best interests in mind. It is obvious that they have all been bought or paid for by someone at this point.

Yes…. I have been, and will continue to be, a thorn in the side of anyone whose efforts support restrictions and compromise based on interests that have to do with money and nothing to do with cannabis freedom. I used to be a huge supporter of Americans for Safe Access, but their culture and mission obviously changed in recent years and I can not support a lot of what they are doing. I also like UFCW’s efforts in a lot of ways, but understand that they are a union and that at the end of the day they cannot really be trusted. They have an agenda, and that agenda is UFCW. While their political influence is certainly welcome, when it is influenced by the few and used to limit the industry more than it need be, I take issue. Sorry. Just trying to keep it real.

So here is where the story gets a little more amusing……

In November, for shits and giggles, I checked to see if this ReformCA effort had secured all of their domains. Low and behold, I found out that ReformCa.org and ReformCA.info were still available. So I bought them because I am a funny guy. I figured if a group was not sophisticated enough to secure their own domains then they certainly were not capable of running a campaign for cannabis legalization in a state the size of California. I parked the domains for a while, knowing soon enough someone would come looking for them.

Sure enough, three days before Christmas I get the following email, as well as a couple of panicked voice mails:

Howdy Mickey!

Hope this finds you well!  I understand you were kind enough to take ReformCA.org off the market in November, and I am circling around to find out what I need to do to get it into our wheelhouse.  CC’ing Brian, who helps with such things…
Are you living out east permanently now?  Trying to catch up, you are a busy guy!
Dale Sky Jones
Oaksterdam University
Executive Chancellor
Coalition for Cannabis Policy Reform
Chairwoman

At this point I am giggling, because I am childish. Obviously someone realized what a huge fuck up this was, and then they realized it was an asshole like me who had control of their domains. Welcome to the show. All of the sudden they wanted to talk now. Still a little butthurt from the overt exclusion, I did not return the calls or email. Instead I began to think about ways to use their incompetence to learn a valuable lesson. I decided that instead of negotiate with folks who I had zero confidence in, that I would instead build my own informative website that was open an information portal to promote the discussion of the many aspects of what an initiative will need to be, as well as what initiatives are being proposed by the many different groups.

I then created the site ate ReformCA.org. It was modeled after MoveOn.org as an effort to set an example for how we should be approaching the issue of cannabis reform in California. The site was meant to promote an open dialogue among the community and have a safe space to share ideas on what we all want as a community for the industry to look like; as well as what we thought about the efforts being put forth. It also served the purpose of driving people crazy too; but that is just a bonus. I truly believe that before we get too far down the yellow brick road and hand over the industry to the highest bidder, we should really figure out what the fuck we want and what the fuck we need in a cannabis reform law. So the site was really more of a lead by example effort.

Reform.FB.cover.1

Currently I have a breakdown of the different aspects of cannabis legalization laws with an easy to register discussion section under each topic on our Discussion page. I also have four of the filed initiatives up with discussion portals for folks to review and discuss on our Initiatives page. While I am doing my best to put the site together, it is a side project so it is a work in progress. But it is a cool site that I hope will become the home for a lot of this discussion as the race for 2016 heats up.

So needless to say, my development of this page made the folks at ReformCA a little upset. I was contacted by one of their Board members who I am friends with, and asked to come speak to the group to discuss possible resolution. I agreed to come present to them at their Board meeting in May to discuss the website and their efforts.

So I shit you not….. I walk into Oaksterdam for the meeting and sitting around the table are Dale Sky Jones, Dale Gieringer, Richard Lee, Jeff Jones, Debby Goldsberry, and Jim Gonzales, who was noticeably absent from their Board listing on their site. On the phone was Don Duncan and Kristen Nevedal. Upon my entering Dale G. gets up and walks out. Don and Kristen immediately announce that they are hanging up the call. It is always nice to start a negotiation with almost half of the Board turning their back on the issue. I knew it was going to be my kind of meeting.

I began by presenting the Board with my 2016 Cannabis Adult Use Legalization Guide, a 15 page document spelling out my positions on what legalization efforts should look like in CA. The remaining members of the Board were very cordial, including Jim Gonzales who I had never met before. We had a robust discussion that went far over the 5 minute presentation I had planned. Dale and Debby engaged me in conversation about my opinions and experiences in the industry. We discussed the current madness that is shaping up for election season, and made nice for most of our discussion.

Then I stated the obvious…. “No one knows who the fuck you are.”

It seemed a little shocking I guess at first, but it was true. Everyone I had spoke with was confused as to who was putting the ReformCA efforts forward. Many in the cannabis movement/industry are highly skeptical of ReformCA and much of that hostility comes from having the same people being the spokespersons for their efforts who had previously failed. As discussed, the failure of Prop. 19 divided this community severely, and I still have arguments about it to this day. As I looked around the room, and got a clearer picture of what the group was up to, I began to feel uneasy. None of us can afford another failure in CA. None of us. But here we were trying to do the same thing and expecting different results. It seemed like insanity to me. Political and social suicide really. I would almost agree with Bill Zimmerman in his “shut the fuck up and let DPA do it” assertion rather than have these folks lead the charge again. I love Richard, Dale, and Jeff in their own rights for their work, but I think they need to pass the torch to people who are not so representative of days past and our failures as a community. Add to that the mistrust put forth by Dale G., Dan Rush, and Don Duncan and the whole deal seemed like a recipe for disaster.

I also asked them, “What exactly are you trying to do here?” This is where it got a little weird. They did not seem to have consensus really. I asked if they were developing their own language to file with the State, and got two different answers that were basically rectified with a “we can’t exactly say” sort of response. From the best I could figure out, they were hoping to work with DPA on drafting their language, and wanted to be the campaign committee for the effort. But admitedly, it was not super clear, even after asking a couple of times point blank,

The website discussion was humorous. I was honest and told them that it initially started out as a prank, but had evolved. I also told them I invested in developing the site because I believed it was a good model for the community moving forward. Jim looks right at me and asks, “So what do you want? Money?” I sort of laughed and told him that it was not about money. Dale Sky Jones told me how I was causing too much confusion and how they were holding some promotions until it was figured out. I told them to email me more about their efforts and that we could possibly find a workable solution to get them their domain back.

So a few days later I got this email with a subject line of “Thank you”:

Hi Mickey,

I wanted to thank you for coming to chat with us on Friday. Debby has forwarded your presentation to the entire board. We kept the official meeting going so we could also provide minutes of your presentation, and our chat to any board members not present or unable to stay (we often have folks drop off before the end of the 1.5 hour call as it occurs in the business day). We just completed the notes and will be sending those around as well.

I must say the presentation you provided was very helpful. I know we only agreed to a five min board presentation, but I personally wanted to dive deeper with you, and I appreciate you doing so as it gave us valuable insight and ideas.

I updated the Trippi team on Sat and asked to them to look into options. I have a meeting today about the website to discuss implementing the suggestions and improvements to outgoing communication you inspired. We are contemplating several different ways to do it, and also clarifying what roles we can play in making it happen.

As you can imagine it is always tricky getting this many groups to agree on what gets posted, as we are still traveling the state, learning more and gaining consensus, however the next two months will prove enlightening as we narrow the focus and get drafting.

In the meantime, we can certainly improve communication about who we are and what we are doing as we find ways to open it up for those who have not attended a meeting.

I hope to chat soon about the .org now that you’ve had time to think about what you feel is a fair price. We are a non-profit and struggle for donations like most do, however the board feels you should be compensated for your investment if you will simply turn it over. With that said, I thought I heard you (someone?) say $2,000. I do not want to haggle or start negotiating below $1,000 and cheapen the conversation. If 2k will convince you to turn the site over, I will approve it immediately so we can all move on and focus on what is at hand.

Thank you for your time and consideration.

Dale Sky Jones
Executive Chancellor
Oaksterdam University
Chairwoman
Coalition for Cannabis Policy Reform

I left the meeting that day feeling terrible, after giving Dale an insincere hug and shaking Richard Lee’s hand. I began to think more and more about the whole deal, and realized that we were doomed if this is what we were going with. It was a recipe for disaster. It made me sick to my stomach to think about, and I could not muster the strength to go through the bullshit we went through last time all over again because of pride and self-righteousness. There was just too much at stake to risk making the same mistake twice.

So I responded with this email:

Hey Dale et. al,

Thanks for letting me come in and discuss my ideas for 2016 with the group. I have spent the last week plus thinking about the experience and working to reconcile the many things we discussed. I have also spent more time on your other site reviewing your Board and its mission.

Yes. I was taken aback, but not surprised, that Dale Geiringer walked out, and Don and Kristen hung up the call before I could have a chance to speak; but I will take your word that it was more of a coincidence than hurt feelings based on past criticisms of mine. Such is life. It is tough being the messenger sometimes.

All that being said, I will be completely honest with you. I think the way your group is structured right now is an absolute recipe for disaster within the cannabis community, and likely even more so outside of the cannabis community. The figureheads and stakeholders you have lined up to lead the charge, in my opinion, are severely problematic.

For starters, you, Jeff, and Richard being the faces of the organization will be your downfall. You guys know that I defended the Prop 19 effort vigorously and often by my damn self. Most of your team could not be bothered to rise up and meet the many criticisms you and the initiative faced for whatever reason, leaving folks like me and Chris Conrad to take the heat and try to make people understand that for all of its flaws, Prop 19 would have been far better than what we had. I have been a vocal advocate for Richard and his willingness to put himself in the line of fire for the 19 effort. I have taken a lot of shit for that position over the years and still have many arguments to this day based on those positions. I do not regret that for a minute.

But the campaign was an absolute failure in the eyes of many, and sending out the same team to try and push a new initiative would be one of the most strategically bizarre moves ever conceived in politics. There is a reason the Republicans begged Mitt Romney not to run again. Because he is the face of losing and mistrust… and for better or worse, right or wrong, you, Richard, and Jeff are also the face of losing in the cannabis world. Your inability to combat the lies and misinformation in that campaign have festered for many years and have left A LOT of the community thinking you do not have their best interests in mind. That is no position to start a new campaign effort from.

Add in the likes of Dan Rush, Don Duncan, and Dale Geiringer, and what you have is a shit show. No one is going to follow those Generals into battle. It just isn’t going to happen. Sorry. They have spent too much time and energy lobbying for restrictions and working to undermine the movement for anyone to feel comfortable that they have our back on this effort. I will point you to the LA debacle with Proposition D as an example where UFCW and ASA worked together to restrict permitting and create an environment that made several hundred operating businesses and their clients criminals again. Dale G. also represents a lot of bad decision making by people who the community thought were supposed to have their backs. Having these elements on your team does nothing but elicit mistrust within the community.

You are also missing a lot of the new cannabis industry players in your mix, either by design, or because they simply want nothing to do with your old guard approach. I am not sure whose idea it was to comprise a group of people, who while they are supposed leaders due to their title and pedigree, are simply not. There are a lot of viable people working hard to make a difference in cannabis reform, and the most dynamic are nowhere to be found in your circle at this time.

I was going to solicit a bunch of questions in hopes that you could enlighten me as to why this was a good idea, but after doing some soul searching I will just say that I do not have confidence at all in the team you have assembled, and cannot support the effort as it stands. I can only hope that whoever decides to fund this thing moves in a different direction and forms a more solid coalition of people that I, and the rest of the community, can believe in. It is not personal by any means, but we also cannot rewrite history. We have all staked out our positions in the madness that is the California cannabis landscape. Unfortunately, many on your team have taken positions that directly contradict the principles of cannabis freedom; and more so some flat out lack ethics and morality and have already proven they will sell us out for a bag of silver.

So now that we have gotten past the niceties and concerns, let’s talk business…. As I stated in the meeting, I have no interest in money. I know how to make money if I need it. But at this point it is principle. I invested over $2k into getting the site reformca.org up and running, and have put a great deal of time and effort into the project. Why? To be a thorn in your side of course. No one called me or invited me to any meetings to discuss the effort, and that is fine. Who the fuck am I anyway? But what I saw happening is a group of entitled people coming together to coronate themselves prom queen in this effort, and I simply was not feeling it. I built reformca.org as an information portal where the community could come together to discuss the efforts being put forth and have an open and honest dialogue on the merits of these efforts. Your input the other day lets me know you do not really have those same interests, and are looking for more of a tunnel vision approach. Much to my surprise, I have faced more hurdles because people think I am you than you probably have by people thinking you were me. LOL. Just so you know, people have very real and meaningful concerns about your effort and many are not feeling it. At least that is what my initial feedback has produced. It is also very worrisome to me to think that a group who cannot even secure their own web domains would be in charge of any campaign for adult use cannabis legalization in California. Don’t you agree? I mean, if you cannot handle the small stuff, how can anyone trust you with the big stuff? You want me to put my future in the hands of people who are obviously incompetent and who admit they do not have the time, energy, or resources to roll this thing out right? No thanks.

But if you want the domain back, I will tell you what…. I will do it for $5k and then donate anything over the costs I have incurred back to whatever campaign effort forms down the road after it makes the ballot. This offer is good until June 1, and then the price will be $10k. If that sounds good let me know and I will forward you my bank account information and you can deposit it directly. I have been adimately clear in all of my communications that I have no issue taking hostages if need be to push the agenda of cannabis freedom. I hope this makes it clear that this is 100% true. I may not have a fancy group or title to stand behind, but I am more than willing to use whatever influence I have to make sure that this thing is done right and that the law we are left with represents the many, not the few. Your team does not impress me as having those same goals given their track records.

Thanks for your time and energy on this. I look forward to discussing mutual goals.

Regards,

Mickey Martin

Self-Appointed Leader of the Weed Movement

So here we are at an old fashioned Mexican standoff. June 1st has come and gone, so if they want their site back they can cough up $10k. Otherwise, fuck it. We can continue the charade and they can keep selling wolf tickets to their coronation dance. I will keep developing the information on my site in hopes of at least reaching some folks, and having a discussion on the legalization efforts we see going forward. I have nothing to lose. I am already an outcast from these circles of yes men and sellouts, as noted by half of them walking out before my presentation. So let’s not bullshit each other and pretend their s going to be some huge kumbaya moment, and the years of deception and failed politics will somehow just dissipate.

The coming months will be telling, and it is up to us as a community to decide if we want to continue down the path of failed leadership because of a warped sense of ownership of this industry by folks who have a great deal of baggage. Or do we want to demand new leadership and direction from people we can trust to represent the needs of the many, and not just the few? I think it is long time for change in the industry, and while I am not necessarily qualified to decide who and what are appropriate leadership and directions for everyone, I do know that continuing down the same path that has left us vulnerable for nearly two decades is not a viable option.

So there you have the tale of ReformCA vs. ReformCA.org. Funny not funny really; but we all knew it was going to be a fight, so is anyone really surprised? I didn’t think so. Selah.

The Truth About Aundre Speciale

aundre.7

I have avoided writing this story because the last time I wrote a piece about Aundre and her partners in crime in 2012 I was mysteriously attacked and my family was threatened right afterwards. It was 2012, in the thick of the Oakland permitting process, and I wrote a piece about her and her buddy Montel Williams scamming people who she owed money to and lying to Oakland officials to get the open permit there. The piece was called “Why Montel Williams is Bad for Weed.” It was one of the last pieces I wrote on my old blog Cannabis Warrior, which I shut down after these fucks followed my wife and took pictures of her dropping my kids off at school, complete with a poorly worded threat to my family that was mailed to me fro Juarez, Mexico under the guise of a Mexican cartel.

20131121_091427 20131121_091435

 

This letter was the third attack on me for my story. First I came out one morning to my tires being slashed. Shortly after that happened, Aundre called one of my good friends because she “wanted to talk before things got any uglier.” It was an odd message to receive from the person who delivered it, as there was no connection beyond him just being my friend. We had never discussed this person or had any dialogue about one another over the years. It was just out of the blue… a phone call. “Aundre Speciale called me. She said she wanted to talk to you before things got any uglier.” I told him to tell her to go fuck herself because she was a thief and unethical lying bitch. We will get into those details shortly.

About a week after that I was leaving a dispensary I frequent in Sacramento when an older white biker looking guy walked right up to the window of my car on a hot summer day and sprayed me point blank with pepper spray. The fuck nailed me right as I was lighting a cigarette and filled my face and the rest of my car up with his toxic spray. Hardly able to see, I took off into the middle of a busy street and was able to pull off on a side road before I got into a major accident. I then crept down the side roads to a nearby hotel and got them to give me a bunch of milk to wash my face and called some local friends to come help me. I had been physically assaulted in public over this shit. It all began to make sense now.

About 10 days later is when I received the letters above threatening my family. My wife was incredibly spooked and she begged me to take my blog down… so I did. CannabisWarrior.com disappeared, I removed myself from Facebook and other social media, and I laid low for several months. I eventually found the courage to start this blog, but you will notice to this day my name is still not directly on it. That was by design. Of course people figured out my writing style and that it was me, and I eventually came out of hiding. It was an incredibly traumatic time for my family, and I am still incredibly angry about it to this day.

So how did it all begin?

Flashback to 2009 after I was sentenced by the Feds for operating Tainted Inc. Aundre was operating Capitol Wellness in Sacramento, and decided she wanted to “help” me out. She donated $2,500 to me when I was struggling, which she would later expect me to give her free bounce houses and snow-cone machines for her lavish parties, as I operated a party rental company at the time. She is a manipulative bitch who tried to hold her lousy donation over my head, as she loves to pretend how altruistic she is and will donate money to people and causes to win their friendship and loyalty. She still does this to this day, and it is a ruse at best. Her sole reason for doing these types of things is to say “See what a good person I am.” Don’t believe the hype.

She then hired me to do some work for her new facility in Sacramento. We remodeled and furnished her new location and I began to help her develop sound business practices, as she accused all of her staff of stealing from her and that she was losing money. So we developed inventory control protocols and cash tracking systems to help manage the business side of the matter. At the time, she was only paying me half of what she owed, with the big promise that she would repay me everything after she was able to open her Berkeley location CBCB, which she had gotten a permit to operate by conning  the cash strapped previous owners.  I appreciated the work, and was happy to be able to at least pay some bills with the promise of getting paid the rest down the road.

Her and her partner at the time operated Capitol Wellness with reckless abandon. They took advantage of people who brought in weed, taking out loan after loan from these hard working growers and producers in the form of consignment. She racked up literally HUNDREDS OF THOUSANDS in debt from people who were willing to give her the benefit of the doubt and leave product with her. She consistently took money out of the business to fund her lavish lifestyle, pay for her house, and to travel partying from one festival to the next party, claiming her madness was all one big business expense.

Now Aundre on the face is a likable person. She can act very kind and sweet when she wants to, and is amazing at manipulating people. She can turn on the crying any moment she wants to elicit an emotional response. She continued to rob Peter to pay Paul and gave sob stories to the many people she had taken advantage of, while she spent their money on molley and partying like a rockstar. There were literally so many people, including her staff, who she owed money too that it became impossible to give her the benefit of the doubt any longer.

We began working at the Berkeley facility doing the build out there… unpermitted of course. We built the walls, painted the place and installed the flooring that you see there today. At this time Aundre began to really be spread thin, and was running out of lies to tell people about why she didn’t have their money. She continued to beg, borrow, and steal from anyone and everyone to continue her party and try to open the Berkeley spot. At this time she began to not even pay us half of what she owed. She expected us to work for free on promises of being paid after it opened. I pulled out of the project halfway through the floor installation, and a couple of the guys I was working with ended up finishing it off and never getting paid for their work. She then hired another contractor to do a bunch of work, who she never paid either. At the time I left we were owed well over $20k. I know the other contractor did a bunch of HVAC work and other major configuration which he is still owed about $50k to this day.

We had written off the money, knowing she was no good for it; but then entered Montel Williams.

In June of 2011 it was announced that a group headed up by talk show host Montel Williams had taken over Capitol Wellness from Aundre and had remodelled their facility to rebrand it as Abatin Wellness, the name it still holds today in Sacramento. They had spent a lot of money to remodel the place and rolled it out as some God’s gift to medical marijuana. Here is a news piece he did at the time touting Abatin as a new model that was better than all the stupid hippie pot shops… they since have had to rethink their business model, as it failed miserably.

Now after Montel decided to go all over the press bragging about his facelift to the organization and his role as a “consultant” I was contacted by these two little old ladies who were owed $8,500 from Aundre. They said they had contacted Montel directly and he replied to them they better delete his phone number or he will sick the police on them. Nice guy, right? These were two seniors on a fixed income who desperately needed that money, as they counted on it to supplement their incomes. I agreed to help them organize a protest, and wrote a damning press release and began rallying the troops. The night before the protest the word got out to them and Abatin contacted the ladies and agreed to pay them what was owed in exchange for them signing a Non-Disclosure Agreement. We decided to do the protest anyway without them, as there were many people owed money by her that needed a voice.

montels.jackass

DSC06609

 

Below is the Press Release that went out:

For Immediate Release:

Montel Williams medical cannabis dispensary owes tens of thousands of dollars to member providers and contractors and refuses to pay their past debts. A protest has been organized by outraged vendors, including two senior citizens who live on fixed incomes and have been greatly affected by their unwillingness to pay their bills.

(Patients and concerned citizens will gather in protest on Friday, June 17 at noon at Abatin Wellness (29th & U) to express their frustrations.)

By: Concerned citizens and hard-working people that Abatin Wellness (formerly Capitol Wellness) have defaulted payment to for goods and services provided. We will be joined by some who question the integrity of an organization that would spend tens of thousands of dollars on facility upgrades, when they owe hundreds of people in the community for their hard work, and have seemingly circumvented the Sacramento ordinance that regulates medical cannabis dispensaries.

• On Monday, June 13th Montel Williams held a press conference declaring his leading role in the newly renovated and renamed Abatin Wellness Center, stating he would be “involved at every level of the cooperative, from the philosophical direction, down to the blueprints.” He apparently does not think that financials are included in “everything,” as his management group has failed to do the right thing.

• Capitol Wellness Center (CWC) is Sacramento’s oldest remaining dispensary and over the past couple of years have mounted hundreds of thousands of dollars in debt due to mismanagement.

• When the new partnership was formed with the “Abatin” group there has been an effort to intimidate and mislead people that are owed money by CWC, using bankruptcy laws and threats of disclosure to discourage people from demanding payment. These underhanded tactics have left many in the community questioning the validity and decency of the new “ownership.”

• The City of Sacramento has laid out a clear ordinance regulating the operations and application process for dispensaries, and it seems this group is circumventing the process in several ways, including being closed for more than 30 days and transferring ownership through back door deals.

WHAT:  A peaceful protest of Motel William’s and his new “partnership” at Abatin Wellness Center for their lack of integrity, honesty, transparency, and decency. An action to bring awareness to the unsavory business practice happening with the new “ownership” of Abatin, formerly Capitol Wellness Center. A demonstration to demand that the City look deeper into the apparent takeover of a once humble and independently operated dispensing collective by an apparent investment group associated with Mr. Williams, who now is paid a consulting fee for his endorsement of this dispensary; we question how they cannot afford to pay what is owed by the collective but they can afford to pay Montel Williams.

WHO: A group of patients, providers and contractors who are concerned about the business practices of Abatin Wellness Center and their inability to pay their debts to honest and hard-working people, including two senior citizens who live on fixed income and have been greatly affected by Capitol Wellness’ defaulting on what they are owed. People directly affected by the apparent take-over and failure to pay by a group associated with TV celebrity Montel Williams.  Other concerned citizens that question the legal ability of this group to circumvent local laws, and use a paid celebrity to gain competitive advantage.

WHERE:  Abatin Wellness Center (formerly CWC) – 2900 U St., Sacramento CA

WHEN:  Friday, June 17th at 12:00 p.m. (Noon)

WHY: To confront the new “ownership” and question their reasoning for not assuming the debt of the corporation upon ownership transfer. Because patients, providers and those who are owed money by this organization deserve to be paid in full BEFORE hundreds of thousands of dollars are spent on renovations, upgrades, and celebrity spokespeople. To bring awareness to a situation that has been handled poorly by the new management group, including attorney Gary Hiller. To let the community know that this group is not worthy of their income and collective resources, as they have defaulted on paying hundreds of hard working people in an already tough economy and to encourage them to go elsewhere in Sacramento for their medical cannabis services.

After the protest I was contacted by many people who Aundre owed money. While most were just story after story about people who had once trusted Aundre only to be burned by her and never paid, there was this one email that provided a lot of insight into the current takeover by Montel and his group of investors. Here is that email in its entirety:

Hey Mickey,

Thanks for getting back to me.  I will definitely be there for the next one.  One of the people i was speaking of is filing small claims on monday.  I have contacted the city attorney here as well as the city clerk that oversee’s medical cannabis.  The city attorney didn’t respond but he forwarded my email to the city clerk.  She emailed me all CBCB applications and operational standards agreements made with the city.  The commission hasn’t met at all this year but her email tonight says that they are meeting in a couple of weeks and as far as i can tell from the paper work she sent…the name on the zoning permit is still aundre’s.  I will forward to you in case you are interested…most of it not relevant material.  I may have personal evidence that information was falsified for that permit application here in Berkeley that might be compelling enough to revoke the permit.  I also know that for sac….i was touring with montel, andre, and jim (they were trying to hire me…thank GOD i made the right decision.) the first week they took controlling interest….they were in a mad dash scramble to make that 27th street location appear to be open as aundre was saying something about being in violation of the permit because the doors had been closed for months…as the employee’s looted the place because they were not being paid.  Andre was a friend, and on some level i feel bad for her but you can only say sorry and blame your previous partners so much…..  I wish nothing bad for her personally.   I witnessed her pulling cash from the tills to pay her mortgage on her personal residence, I witnessed it again when she was dolling out cash to pay an attorney to represent her suit against the FED’s for the farm bust. The employee’s claimed to have had an open tab at starry plough on her business credit card.  Meanwhile she was partying at the white house with cheech & chong and the playboy mansion on our dime!!

I don’t know if you have had any contact with Shawn Sedaghat or Jim Zaun…they are the management company and Shawn calls all the shots…I met with them last Saturday before montel flew in…this was after a compelling letter i sent to shawn…he replied that he was confident we could reach an amicable solution so i went up and wasted 6 hours of my day…they were 1 hour late…gave me the same bull shit…then claimed that in order to be fair to everyone they wanted to offer us all 1/3 of our outstanding invoices and also go back and 1099 everyone for everything they ever brought in.  3 days before my meeting another friend they owe was called in to meet jim.  jim led him to believe he wanted to meet to settle up the money owed…instead he gave BS excuses and tried to extrapulate genetic breeding info. for his CBD strain.  classy eh?   As i skimmed the paper work from the city of berkeley…which also shows that kris hermes was a partner at some point…anyway i believe i understood that there were not any tax laws in place for vendors as it was a transfer of goods and services within a collective…only tax liability were on the resale/retail side of things.

Shawn is an Iranian multi millionaire investor and he and Montel are close personal friends from the MS foundation and Montel is more than just the face guy.  Montel is heavily involved behind closed doors with shawn.  They have a 2-1 controlling interest on the internal board of directors. It’s amazing how many scams follow montel’s name…exercise equipment, toaster, juicers, fake coins, and loans…just in a five minute search last night.  I am starting to think he is a puppet for the feds.  What medicinal cannabis patient on this planet would open a dispensary that only appeals to people who would never use cannabis??? those services they claim to offer are already available at many dispensaries…the difference is patients sign up or chose them.  Shawn told me saturday that every patient is overdosing themselves on cannabis and they are going to change that.  my response was that he was overdosing daily on nicotine and coffee which have way more harmfulll effects!!  Hard to prove maybe….but Shawn had never smoke cannabis until i showed him how to use a bong…i am sure he just obtained a card so that he could make millions.  I am more concerned as a patient about the public slander of our doctors (the ones that pur their careers and reputations on the line so patients like him could even have access to the medicine) and the way they have all refered to everyone of us as drug dealers and criminals.  His right hand guy Jim boasts about being a great drug dealer in his past!!!     Montel has known the details of the outstanding debt since… like 2-3 months before they even came on board with aundre…this consulting shit they are saying is smoke and mirrors.  They are preparing to side step liability.  Shawn keeps saying they are meeting with Eric Holder and that he and montel have had this plan to roll out a nation wide model (that the feds will except) that they can then take global. Shawn own a packaging company in Italy that is closely associated with Revlon…they also own a medical packaging business on top of many other business.

This is alot of info…if you ever have the free time we should meet up for coffee.  I am in downtown berkeley.  FYI…i sent my official demand letter to shawn at his email address 48 hours ago… and have heard no response, which was expected.  I will do almost anything to get my money and help others get theirs.  I want both their operating permits revoked!!  I spoke with James Anothony about the debt 2 days ago…he didn’t want the case…but when i emailed him back asking if he was interested if i my goal was to revoke their permit….oddly enough he responded and wants me to call him asap about by goals?  Fucking attorneys…  Anyway, i will send over the info. and check with the 2 people i am in contact to get their ok to share their personal info.

This firsthand account of what was going on was too much to ignore. We began planning more protests. I was soon contacted by Aundre on Facebook in hopes of finding resolution. Here are some of those messages:

Aundre Speciale 

April 15

??? im seriously not in control over there anymore. shit got soooo bad i had to hand it over just to keep the doors open. i would love to talk face to face but the short version is from the time you and bill and kimberly and everyone left cw and he took over, not a single thing was handled and by the time i got my head outta my ass and looked at what was goin on over there, we were in sum deep shit. im so fucked myself, swear to jah i didnt get a penny outta the deal, i gotta job for now, but im lookin at filing for bankrupcy. you know me, im a fuck up but i never fucked anyone over, shit got sooo crazy i dint know how to get outta it.

Actually, what it is said that she got out of the deal was her house mortgage paid, her new VW SUV paid off, and a well-paid position as their symbolic “Executive Director.” Meanwhile the investment group had taken over operations of both Sacramento and Berkeley.

I was offered a settlement for $12,500 of what was owed to my companies, as that was what was owed to me in wages for services provided. The other folks I worked with on the project were left high and dry. I was also forced to sign a non-disclosure agreement under duress to get my money, which is completely illegal. I continued to speak out on the group and their unsavory business practices. I know of dozens of people to this day who have never been paid. The group was offering to pay people but they would have to agree to sign a 1099 and report EVERYTHING they ever brought into the dispensary, often leaving more of a tax burden than what was still owed. They used their attorneys to muscle many people into just walking away and writing off the loss as an experience in trusting shady bitches like Aundre.

Then came the Oakland RFP process for four new medical cannabis dispensaries and sure enough Montel Williams himself was the sole applicant for Abatin Wellness. I did a lot of investigative reporting on the Oakland process, getting all of the applications through a public records request and running some background checks on many questionable individuals. I was incredibly surprised by Montel’s application, as it was literally 27 pages compared to other applications ranging from 200-300 pages each. Like I said, Montel was the ONLY name listed on the application when it was submitted. It was like he truly believed he had it in the bag or something, so much he didn’t even have to really file a thorough application.

I continued to pry into the situation, and was not surprised to find out he had been warming up to Oakland City Council persons, including Rebecca Kaplan. The scores came out, and as Oakland’s process was highly suspect, four groups with close ties to Oakland public officials were initially awarded the permits. Montel’s group came in a paltry 8th out of 10 applicants.

oakland.cannabis.results.1

 

But notice the amazing 94 points they received on their “TEST.” You know why? Because Americans for Safe Access California Director Don Duncan took it for them. Now mind you that ONLY Montel’s name was on the application. So technically he was supposed to be the only one allowed to take the test. But his team of lawyers made the following compelling argument on why Duncan was indeed on the Board of Directors for Abatin Wellness:

Abatin.Communication.DonDuncan

This clearly establishes that the Abatin Group, led by Montel Williams at the time and directed by Aundre Speciale, hired Don Duncan of Americans for Safe Access to be on their Board of Directors and not only take their test for them, but also lobby the City on their behalf.

Months later it was revealed that this same investment group had bought out Don Duncan’s interest in his West Hollywood dispensary LAPCG, and Don moved to Sacramento full time to lobby for Americans for Safe Access. It should be noted that many of the policies ASA has lobbied for recently would seem to favor the dispensaries operated by the group through restrictive permitting and barriers to entry. You can decide if that is a coincidence or not.

While the organization came in 8th place, notice that they currently hold a license in Oakland for Phytologie. This is where it got interesting and I got attacked. One of the groups, AMCD Inc. was disqualified around the public hearing phase after it was revealed they had lied on their application.

Shortly thereafter another group, G8 Medical Alliance Inc., was disqualified for their involvement with Dhar Mann who was indicted on 13 felony counts for defrauding the City of Oakland on properties he owned and received grants for. This left one license available and open to go to the remaining group of applicants.

At this time Montel’s group hired a local Oakland attorney who had close ties to City officials to lobby on their behalf because they had a building they had purchased ready to go. They began to try to discredit other applicants through false reports of their operations and tried to undermine the other applicants to get the one available remaining permit in Oakland. It was enraging to hear about their efforts, as Aundre literally screwed over half of the industry and sold her soul to get Sacramento and Berkeley open and operating. Now she was spreading false rumors that other folks were shady? No way…

So I began to compile evidence and submitted it to the Oakland City Administrators office. I was aware that the Abatin group was filing public information requests for my communications and the City gave me the option of not submitting the evidence, as it could not be kept confidential. I submitted it anyways, as it was the right thing to do. Several other folks who she owed money to also contacted the City to tell them about her immoral business practices.

This was when my friend received the ominous phone call that Aundre wanted to talk to me before things got ugly. Shortly after all of my tires were slashed, followed by me being pepper sprayed while leaving a dispensary in Sacramento. Then I received the threats to my family pictured above. It changed my life. I was forced to remove my Cannabis Warrior blog and I lived in virtual hiding for several months. It still traumatizes my wife to this day and I have little doubt about who was behind it.

And after all that, another applicant dropped out of the race and they were awarded the permit anyways as the only remaining viable option.

I later found out that Aundre had an ex-boyfriend pull a similar stunt on her threatening her in the name of a Mexican drug cartel. This was just too much to ignore given the timing of it all, and the demand that I stay off of the internet in the letter that threatened my family.

It took me a long time to reconcile the situation and I have mostly remained quiet. My wife begged me to let it go, and for the most part I have. It was not an easy task as these fucking people actually followed my wife and kids around taking pictures of them and threatened their well-being. I wake up angry about it every day, and I have lost plenty of sleep over the last two and a half years since it happened. I live under guarded security at this time, with security systems and cameras in place at all times.

To add insult to injury, I shared these photos once on Facebook and was contacted by the FBI regarding the matter. That is right. The FBI. They were concerned for my safety. Go figure. What an interesting discussion that was.

So why bring it up now you may ask? Why put these accusations out publicly after all of this time? Why risk mine and my family’s personal safety again? What do I gain from it all? Is it worth it?

To be honest I do not fucking know. I know I have been carrying this around for the last two and a half years and very few people in my inner circle are aware of the situation. I do not think anyone is aware of it in its entirety as spelled out here. For me, it is cathartic to put it out there for the community to absorb. I would rather die with my boots on. I can no longer allow the fear for my family paralyze me. I know in my heart what happened and can no longer sit idly by without saying anything. It is not in my nature. It was only a matter of time. My reality is that I either had to write this piece or I would probably end up enacting some repressed revenge one day that would get me in a lot of trouble. I do not need that; so I decided to spell it out here in the open for all to see and let it go. This community can decide if they want to continue to allow people like this to prance around like they are some Debby Do-gooder when in all reality they are immoral fucks who have burned a lot of people and who will continue to burn more to achieve their objectives.

So as you sit there tomorrow at the International Business Conference in San Francisco watching this fraud speak on the Dispensary 5000 panel like some sort of expert, know that she a.) has no idea how to operate a dispensary; b.) fucked over innumerable people and then sold them out to fund her ventures; and c.) is a terrible person willing to be a part of unspeakable acts to further her efforts. If that is who you want to stand behind and hold up as some sort of expert, then I guess we have a different opinion of what this industry should be about. There is no room for these types of folks to have a seat at the table, no matter how innocent and sweet their manipulative ass makes them sound.

Aundre is one of several snakes that have used their connections in the community to work their way into the inner circles of the cannabis community. She is now merely a puppet like so many others who make appearances and work to bullshit their way to the top on behalf of their overlords. It disgusts me to see her wander around at events like she never ripped everyone off and everything is okay. For a lot of people out tens of thousands of dollars it is not okay. She often portrays herself as a victim, blaming anyone and everyone for the damage she caused…. and a lot of folks have bought this bullshit story hook, line, and sinker- often attached to a favor or fancy donation. It must suck to have to buy friends.

At one time I considered Aundre a good friend. I always knew she was a troubled human from the days when she tried to open a dispensary in Venice while whacked out on dope, and her strong arm maneuvers to gain total control of Capitol Wellness from her former partner; but I too bought the story for a period of time and chose to ignore the telltale signs of her fraud. That was my bad.

My hopes of retelling this tale is to create an understanding of what type of beast we are dealing with here, and the types of underhanded and aggressive tactics that are taken to silence people like myself. This is a person who cannot be trusted, and who is using her smiley face, and standing in the community, to fuck over people to benefit her investors.

If I am harmed again for speaking out then so be it. That is a chance I would have to take. The officer that responded to the threats when we initially received them told me “I know you are a convicted felon, but sometimes a person has to do what they have to do to protect their family. I am not telling you to get a firearm. I couldn’t do that, but…”; and he left it at that. He agreed that this was not the work of a cartel because they generally do not send letters. What he did say was, “Whoever you pissed off, you got very close to something.” I agreed…. and I knew who and what I had gotten close to.

I have since received even more damning evidence from upper level management that used to work for them. The whole deal is incredibly shady…. and these are the people we are advancing as experts and representatives of ethical business practices at our events? Spare me. I am over the whole fucking deal and am glad to finally have it off of my chest. Now I do not have to explain it, or sit in silence about it. It is done.

I am sure Aundre will deny every word of this, and that is okay. She has spent her entire life lying, so why would I expect any different now? I don’t. But everyone of you who know her know you have been lied to at one time or another. You have heard the stories and the tall tales. You have forgiven them as irresponsible and childish behavior. I for one disagree. I cannot forgive and forget. I will not. I can’t…. and now you know why.

Selah.

BLOOD MONEY: Business moguls and hucksters making money while giving nothing to the fight to end prohibition

blood_money_by_dannn

I am a business person by nature. I graduated in business with honors from St. Mary’s College in California. I understand the need for business and corporate infrastructure in our world. I know it will take some business know-how to develop the industry into a thriving marketplace of quality weed products that can meet the demand of the world. I am not anti-business by any means.

But the current wannabe business moguls and cannabis hucksters are not the business folks that we want or need to take the industry to the next level. What you have now are a bunch of ex-mortgage fraudsters and dot-com hustlers who made a few bucks off of their get rich quick scammer bullshit who are now looking for the next big thing.

They look at the cannabis industry as another opportunity for easy picking and are throwing their pathetic investment money at the wall to see what sticks. They are working to undermine the industry by offering incredible dreams to hard-working cannabis businesses and promising them shiny trinkets to give up control of their companies. To date, most of these “big deals” have failed miserably, and it is usually the unsuspecting cannabis producer who is left holding the bag. There is a sucker born every minute, and in the cannabis industry that rate could be far greater.

People make their own decisions though, and as much as I can try to let them know that they are being taken for a ride, it is ultimately their decision to do so. Just know when the so-called capital investor fucks you over that I told you it was going to happen.

I will make this clear one more time for you… THE REAL MONEY IS NOT EVEN HERE YET. THESE PEOPLE ARE JOKES AND WILL SCAM YOU FOR EVERYTHING YOU HAVE TO GET AHEAD. That is how they made their pathetic measly millions to begin with. Duh.

I talked to a lot of cannabis activists and hard-working entrepreneurs who attended the recent Marijuana Business Expo in Las Vegas. Most all of them shared a common message… the place was full of slimy sharks and investment losers in suits who knew NOTHING about cannabis and even less about the fight we have had to endure to get to where we are. None of these fucks could probably tell you who Jack Herer or Dennis Peron were. Most all of them did not even smoke weed, but were happy to buy the “pretty ladies” drinks by the dozen. These shallow pricks are arrogant enough to think they can waltz right in to a movement and industry with so much history of pain and suffering and sucker us all with their delusions of grandeur because they happen to have a couple of million bucks laying around that they scammed from some old ladies on bad mortgage deals before the crash of 2008. Their willingness to lie, cheat, and steal to get ahead are duly noted, and I am amazed that most of them even know that cannabis is a fucking plant.

As a person who had his home and businesses raided for providing cannabis medicines to sick people in California in 2007, I for one am deeply offended. It takes everything in my power to not just walk up and start punching these dickheads in their throats, and screaming “PEOPLE ARE STILL SITTING IN JAIL FOR DECADES FOR THIS PLANT, YOU FUCK!!!!” Which is why I probably am not invited to speak at any of these business huckster deals. God forbid a real weed activist was allowed to look these dirty fucks in the eye and tell them that I wished they would die. But I digress….

I read an article recently in the LA Times entitled “Marijuana legalization backers anxious as costs mount, donors waver.” In the article it goes into how there are all these so-called millionaires looking to break into this business, but very few, if any, are willing to kick down for the political and activism causes that it will take to really end prohibition.

Ethan Nadelmann, who I greatly respect, is disillusioned with the entire deal also. The article states:

At the Las Vegas conference, Nadelmann chastised the pot entrepreneurs, sounding like an exasperated high school principal scolding truants, except that he swore a lot.

“All of you came that close to seeing this thing blow up in our faces,” he told them, referring to the near-crisis in Oregon. “I am looking for you guys to step up and step up soon.

“You wait for some goody-two-shoes who is interested in civil rights to say, ‘Let’s legalize,’ then we will come in and hire our lobbyist for our own interests. It is shortsighted. It is narrow-minded.”

I couldn’t agree more. The short-sighted and narrow minded wannabe moguls we see circling the industry like buzzards have no interest in the social change aspect of it all. They are just waiting for everyone else to do the hard work of ending prohibition so they can position themselves to make some cash off of the endgame. These fucking losers could give a shit about the thousands of people rotting behind bars for selling some weed, while they try to figure out how to capitalize off of the legal weed selling game. They could care less about the fact that the war on drugs has decimated mostly poor and minority communities and has left millions of people to be criminals, to lose their jobs, to have their kids taken away, or to be treated as lesser people for their right to enjoy weed. They just see dollar signs and think us stupid stoner hippy types are easy to bull over with their limited fortunes. Fuck those people.

Those who are just here for the fame and fortune, while shitting on the fight to end prohibition and the drug war, will never be welcome in my community. You will be lucky if we never cross paths and I don’t make you look like a complete asshole in public. I have nothing to lose… you have everything.

Let this be fair warning that you better either start investing in helping us end this thing, or be prepared to have me spend my every waking moment trying to sabotage your “Google of marijuana” or “Costco of marijuana” game plans.

What you are trying to make is BLOOD MONEY. Plain and simple.

You are happy to sit back and watch more and more people go to jail for this plant while you lobby and position your company to make millions. You are gross and disgusting and I hate you. I hope that bad things happen to you. In fact, I pray for it daily. If there is anything I can do to make sure it does, believe that I will.

It is hard to keep up with all of the Blood Money Millionaires coming into the game these days, but I do my best. It is disheartening in many ways and makes me often wonder why I continue to fight, only to have some outdated Ferrari driving son of a bitch come in and claim to be some expert who is taking over the industry…. and people wonder why I am the way I am.

I will not give up though. I will be here fighting this fight until every last one of my cannabis brothers and sisters are let out of prison, and my friends and neighbors no longer have to worry about being a weedhead. I will fight the uphill battle myself if I have to and make sure that kids with medical conditions have the right medicine they need to get better. I will succeed. I have no choice.

But know I will not sit idly by and let you piss away my work on your quest for an easy fortune. Know I am here, lurking close by just waiting for that moment when I can sink your battleship. Enjoy your blood money while you can because I will eventually get to you and make sure that every dime you made was not worth it in the long run. Most of you are just lucky that murder is still illegal. You bastards make me sick.

Plan on seeing me more frequently at these “Cannabis Business” events so that I can put a face with your name and add you to my shit list. Keep trying to make a quick buck off of cannabis while giving nothing to freedom. Try to have your cake and eat it too… but do not be surprised when I creep up from behind and force feed you that fucking cake until you can’t breathe anymore. That day is coming. I’m your huckleberry.

Like I said in the beginning… it is not business I think is bad or evil. Business is a necessary part of the society we live. But you can be corporate and still be conscious. You can still do your part for cannabis freedom while making a decent living. You can still get on the right side of history and put your lousy chump change into the hat that will help us to end this failure of prohibition. But I know most of you won’t… and that is fine by me. I love a good war.

Welcome to the show, you BLOOD MONEY LOVING BITCHES. Shit just got real for you.

SB 1262 is BAD for weed and BAD for California

Weed-2

Reasons why SB 1262 sucks:

  • Leaving regulation to local authorities will ensure very few will be able to be licensed for cultivation and production licensing, which are currently non-existent. It will create opportunities for corruption in every local jurisdiction in the state.
  • The Department of Consumer Affairs is a terrible regulatory agency for a comprehensive system for cannabis. They do not even want the job, which will ensure they are hostile and limiting in their approach.
  • The requirements for provisional licensing will ensure most growers and producers will not be able to meet the requirements by January 1, 2015 as there are currently NO licenses for production anywhere in the state, leaving the entire program likely to fail with no licensed supply to meet the demand of dispensaries.
  • The destruction of the collective and cooperative model will make it difficult for patients in areas without dispensary services to access low cost medicine conveniently.
  • Patients cannot share medicine any more without it being a crime, unless they are licensed. Creates criminals out of nearly everyone.
  • Caregivers who serve more than 5 people need a license, meaning many who depend on collective providers will be without access.
  • Those who do not meet the rigid requirements for licensing, including needing local authorities to sign off on all grows that have operated in the shadows until now, will ensure most people producing today will be forced back to the black market…thus creating far more criminals.
  • Requiring all deliveries be made by two or more people is unnecessary.
  • All weed must be stored in a locked room, safe, or vault. This makes zero exception for retail displays or stock, meaning every time you buy cannabis a person has to go into the locked room to get it for you. This creates a security risk with every transaction.
  • Reporting on inventory discrepancies within 24 hours means every .5 gram that goes missing must be reported, creating an administrative nightmare.
  • Posting all applicants info on line puts everyone at risk, and creates a public database to be accessed by press or employers that can be used against applicants.
  • Edible regulations are an absolute burdensome nightmare based in fear.
  • Lacks protection for property owners

The bottom line is this will be an absolute disaster and decimate the current industry. It will make new cannabis criminals where there currently are none and is a desperate hail mary by groups like ASA and CCIA who beieve something is better than nothing. I support sensible regulations, but not regulations where barriers to entry are too high to include most people currently involved in the industry. This will be the beginning of the end should it pass.

I would suggest you contact your state legislators today and encourage them to not support this legislation. Fuck SB 1262. Bad for weed. Bad for California.

Wolves in Wook Clothing. Why ASA continues to want YOUR cake and wants to eat it too. The SB 1262 DEBACLE.

stoner_wolf

I have been here since nearly the beginning. I unfortunately know the story all too well. I have seen the California cannabis landscape evolve at every step and have been knee deep in politics and activism across the state for many years. Which gives me a unique perspective on the proposed regulatory bill making its way through the CA Legislature known as SB-1262.

I wrote a piece detailing my issues with SB 1262 entitled “You are all criminals. Welcome to the new California. SB 1262 must die.” In this article I went over many points of major issue in the proposal that will make more criminals out of CA patients and providers, and create a liability for physicians that will ensure many less people qualify as patients. Since then most reform groups have pulled their support for this effort, but not Americans for Safe Access. They continue to cheer lead for the end of the CA cannabis community and the making criminals out of thousands of people. It is bizarre to say the least.

In May, Americans for Safe Access put out a piece encouraging its supporters to blindly follow this Bill that would make it more difficult to get their medicine and would likely make most of them out to be criminals. The article was entitled “Support SB 1262 in California.” In this article they state the following:

ASA recognized the potential in SB 1262 early in the process. We worked with the Sen. Correa and other sponsors to significantly improve the bill, and ASA was the first in the medical cannabis field to endorse it. SB 1262 is a milestone in the medical cannabis debate in the state legislature. This is the first time that the California Police Chiefs Association and the League of California Cities have not opposed medical cannabis regulations. Having these two powerful lobby organizations standing beside patients and behind a regulatory bill is unprecedented. ASA regards this broad and influential coalition as a key strength of SB 1262, and we call on advocates and lawmakers to join us in supporting SB 1262.

NOTE: This endorsement has since been removed from their article. What remains is the following:

Contact your California State Senator and ask him or her to vote yes on SB 1262 this week. SB 1262 is a bill by Senator Lou Correa (D-Santa Ana) that would regulate commercial medical cannabis activity in the state. In its newly amended form, the bill places state regulatory control and licensing in the Department of Consumer Affairs (DCA) and sets common-sense standards for cultivation and distribution. ASA supports SB 1262 because our research and experience show that sensible regulations preserve safe and dignified access to medical cannabis for patients, while reducing crime and complaints in neighborhoods.

It is funny when cowards run from themselves, but the bottom line is that Americans for Safe Access is still supporting this effort as detailed in David Downs’ article entitled “Do or Die for Mystery Pot Law.” In this article Down’s details how all other group’s of notable mention have pulled their support, while ASA remains steadfast in their undying love for this debacle:

“It’s a little unsettling given how important this is and how little time we have,” said Don Duncan, California coordinator for the 30,000-strong advocacy group Americans for Safe Access.

But ASA is staying on-board with SB 1262, which is sponsored by state Senator Lou Correa, a Democrat from Southern California. The bill is scheduled to be taken up by the Assembly’s Appropriations Committee in August, and has to be approved by the entire Assembly by the end of the August, or it’s over for this legislative session.

Now to hear Don Duncan say it is unsettling because of how little time we have is simply disingenuous. Americans for Safe Access have worked fr years to block the work of Tom Ammiano’s efforts to provide a regulatory framework that makes sense because they did not like the licensing agency, which was the Alcoholic Beverage Control,” as this would erode their position of “medical only access.” They understand like we all do that cannabis will be legal for adult use very soon and decided to retard that move by ensuring ABC could not regulate cannabis and easily make the transition to adult use.

Down’s article goes on to state:

As of press time, the most recent version of the bill is still supported by the police chiefs, the league, and ASA. But California NORML, the Drug Policy Alliance (DPA), and Law Enforcement Against Prohibition oppose it unless it’s amended.

The DPA argues that the current version of the bill would make things worse for Californians. For one, anybody with a past drug felony would be disqualified from getting an industry license. That provision would place additional burdens upon many Californians — particularly African-American and Latino residents — who’ve already paid their debt to society.

In addition, many of the industry’s biggest and best actors wouldn’t qualify for a license, for technical reasons, such as an outstanding federal case (Harborside Health Center in Oakland) or the lack of official city permission to grow (which is pretty much every urban farmer in California). The bill also provides statewide approval of controversial new city bans on medical pot dispensaries.

“The issues are extremely glaring, and, frankly, I’m not sure they can be resolved,” said Amanda Reiman, DPA’s California policy manager. “The police chiefs think medical marijuana is a sham and look at this as an opportunity to stifle the progression of medical marijuana policy. The rules are worse than what we have now and would completely disable the program.”

It is good to see that at least some reform organizations have the courage to make statements that tell the truth.  Amanda is 100% right in stating, “The rules are worse than what we have now and would completely disable the program.” Furthermore it would make criminals out of thousands of law abiding citizens, create mass confusion at the local level of government, and ensure less people were able to access their medicine. Why the fuck any organization who was supposedly on the side of patients and providers would support this debacle is beyond me, but then I have long suspected Americans for Safe Access was indeed the Wolves in Wook clothing.

For a little historical perspective on my position on Americans for Safe Access, just know at one time I was their biggest supporter.

In 2007, our company donated tens of thousands of dollars in merchandise and literature to the organization when they were in the midst of their rebranding. I worked closely with the organization, even housing and distributing their merchandise in our own company offices in Oakland. I traveled throughout the state on their behalf soliciting dispensaries for donations to support their mission. I still respect Steph Sherer and Don Duncan for what I learned about activism and organizing while we worked together. I also appreciate the work Americans for Safe Access did when we were raided by Federal agents in 2007, and I owe them a debt of gratitude for helping me organize a response to the charges and allegations that were made against me and my company during that most difficult time. Their timely and organized response likely resulted in my not going to prison, and I will always be grateful for that.

But 2007 was  long long time ago, and Americans for Safe Access was a much much different organization. Besides the powerhouse figureheads of the organization, Sherer and Duncan, there is little remaining of what was at that time. In those days ASA got the lion’s share of their donations from medical cannabis providers like myself and many dispensaries throughout CA. They had just established their Washington D.C. office and were working to expand their political horizons to serve the folks who paid their bills. As they rebranded the organization and began to work towards doing more political lobbying and fundraising work over grassroots on the ground activism, they began to solicit money from more of the big name donors who were known to fund major projects in the cannabis reform movement. It was obvious they were shifting focus to encourage more large money donors, as it was difficult depending on dispensaries and medical providers who were under constant attack and being forced to shut their doors.

The initial shift was subtle, as a lot of the same names and faces were still in their roles with the organization. But over time their was an obvious sea change in who the organization was serving and what they wanted their image to look like.

Fast forward to late 2011, when I began to notice the most drastic of the change that I now clearly see as impeding cannabis freedom. When the Federal government announced their “crackdown” on the medical cannabis and began targeting high profile providers who donated to them regularly, the sky literally fell over there. Panic ensued and there was a call to circle the wagons to avoid losing everything. You could see it in Steph Sherer’s eyes, as she was on the ground in California a lot working to organize one response or another to what they viewed as an assault on not only patients and providers, but also their revenue. Purse strings were pulled quick by every organization in the state, as no one knew if that day may be their last. DEA raids were happening, including the high profile raid of Oaksterdam University and their dispensary. Letters were being sent to the biggest names in the game, including Harborside, BPG, Vapor Room, and many more, forcing them to close their doors and/or fight Federal charges. The IRS began a systematic crackdown charging incredible tax rates based on decades old drug kingpin tax laws. It was a highly volatile time for sure.

fuckthefeds.odam

As the calendar of 2012 began to pass, there were several efforts to put an initiative on the CA ballot to legalize cannabis for adult use on the heels of a narrow loss in a non-Presidential election year by Proposition 19. Three campaigns were working to secure funding for language that would have made cannabis legal for adults over 21. Money was being thrown at campaigns in Colorado and Washington to do just that, and it was obvious CA would have had a chance at also making history if funding groups came to the table.

Enter Americans for Safe Access with United Food and Commercial Workers (UFCW) in tow stating that they had the funding to put a medical cannabis regulatory initiative on the ballot and intended to do so. The  California Medical Marijuana Regulation, Control and Taxation Act was filed by Don Duncan of ASA and Ron Lind of UFCW in January 2012 that would have created erroneous regulations for the industry and cemented UFCW’s place at the table as the only union allowed for the industry. It would have drastically reduced who could afford to pay to play in the industry and would have made a nightmare web of bullshit that probably wouldn’t have even passed if it did make the ballot. It literally LIMITED ACCESS across the state.

UFCW.ASA.filing.2012

But I do not believe there ever was funding for the initiative and the entire thing was a smoke screen to run out the clock on the other efforts towards legalization for adult use.  For the price of a shitty website and a few lofty press releases, they created enough doubt in potential donors to definitely not back any of the adult use efforts, thus ensuring cannabis would only be medical in CA for the foreseeable political future. California has 1/10th of the population of the nation and by far produces the most cannabis. When a lot of the interests you serve make their money on the status quo, it is easy to see how this could influence organizational decision making.

Mysteriously during this time Don Duncan also gave up his controlling interest in his West Hollywood dispensary to a well-funded group fronted at one time by TV star Montel Williams and funded by people with deep deep pockets who had also bought the controlling interests to dispensaries in Sacramento and Berkeley, and were applying for a dispensary in Oakland for which Duncan sat on the Board and even took their required regulations test for them. So is it a coincidence that this happens and ASA begins serving the interests of the few more prominently? I think not. There is collusion happening behind these closed doors at a level any honest person simply cannot comprehend.

Here is communication from Abatin’s attorney stating so:

Abatin.Communication.DonDuncan

Don’t believe me about their initiative efforts? That is fine…. Let’s talk Los Angeles and Measure D. Here is what weed journalist David Downs said about Measure D the day after it passed:

Los Angeles voters chose to drastically reduce the number of storefronts selling medical marijuana yesterday, passing Measure D…. Measure D supporters – including the City Council, advocacy group Americans for Safe Access, and a dispensary union the UFCW Local 770 — celebrated the win for regulations in the biggest medical marijuana city on the planet.

So here we have ASA nd UFCW celebrating “drastically reducing” the number of places for people to get their cannabis. They put an effort on the ballot behind closed doors that was aimed at shutting down the majority of dispensaries besides a select few who were operating before an arbitrary and illegal deadline was placed by the LA City Council. These groups worked in conjunction with hostile lawmakers and the chosen few dispensing groups to put their competition out of business and again LIMIT ACCESS.

I wrote a piece about this seemingly bullshit move in 2013 called “More IS Better.” In it I detail my opposition the the ASA/UFCW’s coalition to LIMIT ACCESS in LA. I wrote:

The first is Measure D. This is the MOST restrictive and MOST expensive measure. It limits the number of collectives to an arbitrary 135 that were listed in 2007 on the City’s illegal moratorium and Interim Control Ordinance (ICO) and raises the tax rate for weed by 20%.

It was crafted by the ultra-corrupt City Council who has recently voted to ban dispensaries altogether and was written by cannabis enemy LA City Attorney Carmen Trutanich. The LA Times has suggested that instead of opposing all three, that Measure D is the closest thing to accomplishing NO medical marijuana. Here is their quote on that:

It would be easy enough to urge a no vote on all three, and to call on the city to impose a full-scale ban instead. After all, The Times opposed Proposition 215 from the outset, partly because it was sloppily written and partly because it set up an inevitable conflict with the federal government, which continues to classify marijuana as illegal and dangerous….

Measure D will come the closest to accomplishing that goal, or at least will put us on the right road.

Most important, it would impose limits on the number of marijuana businesses in the city, allowing about 135 dispensaries to remain open — those that were operating and registered under city laws in 2007 and that sought to re-register in 2011.

Source: http://www.latimes.com/news/opinion/endorsements/la-ed-end-marijuana-measure-d-e-f-20130510,0,448078.story

So get that…the super conservative LA Times who thinks dispensaries should be outright BANNED, and the City Council, who also thinks dispensaries should be BANNED, agree that the closest thing to an outright ban they can get passed is Measure D, and they are supporting this effort to severely limit and cripple the local market.

This is and was a glaring reason to assume that the goals of expanding access for patients was no longer the focus of Americans for Safe Access, and instead a shift to focus on providing a competitive advantage for a select few who can compete is their new objective. What they did in LA was unnecessary and counter productive to cannabis freedom. Did I mention that the current version of CA SB 1262 mentions several times Measure D directly, ensuring it’s ability to limit access? Yeah. It is like that.

But let’s get back to where we are now with CA SB 1262.

Tomorrow ASA is organizing a lobbying day at the CA State Capitol. They are calling on medical cannabis supporters to come out and let lawmakers know how they feel about the proposed regulations. They have walked back their full-throated support for the bill, now even calling it “controversial.” As noted earlier they are still publicly supporting the bill and encouraging lawmakers to do so.

Here is their statement on their Lobbying Day scheduled for tomorrow (Monday Aug. 4):

citizenlobbyday.ASA.duncan

 

It is clear that they have gotten a lot of feedback, as they make sure to state “It does not matter if you support or oppose, or are undecided….” They are hedging their bets wherever possible, while continuing to support an effort that will literally shut most every aspect of the current cannabis system in CA down and turn it over to only a very few who can afford to play the game and meet the slim requirements of the bill.

They continue to call for their legion of blind supporters to make their voice heard, while literally selling us out to the interests of the few, the connected, and the opposition. It is an amazingly underhanded effort at the core, and one I can only relate to absolute treason. There is no reason any person who supports cannabis freedom should ever give a dime of their money, any resources, or energy to supporting. It is clear that the new name of the organization should be Americans for Limited Medical Only Access (ALMOA).

ASA.screwed.1

I strongly encourage anyone who cares about cannabis freedom to come out and voice their opposition to this crap. If you can make the ASA Citizen Lobby Day event super. If you cannot, contact your state legislators by phone and email immediately. Let’s organize direct action responses to this Bill while we still have time. Things will move rapidly. It is up to us to ensure we do not have to live under a homogenized rich person’s vision of what the industry should look like.

We must ensure any regulations being put forth take into consideration the current network of small batch producers and friendly patient services that exist everywhere in the state. 

We cannot let the only voice being heard is those who are in bed with the CA Police Chief’s Association and the CA League of Cities, who have openly opposed any sensibility in the CA legal process year after year. ASA should be treated with the same disdain and opposition with these groups as long as they are supporting this effort to LIMIT ACCESS and MAKE CRIMINALS out of thousands of people for doing what they do this very minute. The time to act is NOW, or do not be surprised when this piece of shit is your reality in a few days.

I hate to say it, but our biggest enemies these days are within. The people we need to worry about are right here, pretending to be your friend while selling you down the fucking river for thirty lousy pieces of silver. I just do not get it. But regardless, BEWARE OF THE WOLVES IN WOOK’S CLOTHING. They are everywhere.