Patient Advocacy Network Urges NO Vote on Proposition 64

PAN’s directors are unanimous in encouraging a NO vote on Prop 64.  This is a just a very brief list of reasons to vote NO:

*  Jeopardizes Prop 215 – On the first page of Prop 64 it states it is the proposition’s intent to ‘streamline’ medical and non-medical into one regulatory scheme.  The taxes and permitting fees that pertain to adult use will apply to medical as well.  While patients may be eligible to get a tax break at the register, the base price will be much higher as a result of the all the fees and taxes that were paid before it reached the counter.  This violates the affordability clause in Prop 215.  Prop 64 also gets rid of the Bureau of Medical Cannabis Regulation and  interferes with the patient-doctor relationship. (Links with attorney analysis below.)

*  Too many taxes and undisclosed fees – Prop 64 includes a 15% excise tax, encourages local taxes, gross receipts taxes, and taxes on the flowers and the leaves.  No other agricultural product is taxed this way.  While Prop 64 lays out all of the permits required, the fees will be decided by the legislature because Prop 64 gives power to the legislature to amend Prop 64… and we know what a great job they do.

*  Funds stay in Sacramento – Prop 64 clearly states that none of the taxes, fees or fines will be used by the general fund (as in Colorado).  All of the money generated stays in Sacramento to fund the 11 different agencies, offices and departments that will enforce Prop 64.  The portion proponents state is going toward education is for after-school drug classes and a research program at UC San Diego.  Prop 64 creates the largest slush fund of any Governor’s office in the country and Lt. Gov. (CA governor-hopeful) Gavin Newsom is literally banking on it.

*  Not real adult legalization – If you’re over 21 and not a patient, you can still go to jail if you are caught with more than an ounce, six plants or 4 grams of concentrates.  Possession of an ounce or less was decriminalized in California in 2010, S.B. 1449.  Prop 47 released all non-violent cannabis offenders.  (See news article below.) Minors caught with cannabis will still be treated as felons.  (See criminal penatlies chart below.)

*  Written and funded by special interests and not the cannabis community – Lt. Gov. Gavin Newsom seated the Drug Policy Alliance to write Prop 64.  (In an article below DPA admits they don’t know how to regulate Cannabis.)  George Soros creates, funds and heavily influences DPA.  Soros also is a major partner in Monsanto-Bayer.  Do I need to continue?  Ok, fine.  Monsanto has been sued and/or tossed out of several countries and wants cannabis to be there next big venture, especially industrial hemp, GMO-you-can-only-buy-hemp-seed-from-Monsanto hemp.  They would also create the GMO seed for Bayer, GW Pharceutical, R.J. Reynolds, Philip Morris.  A brief research into the history of Monsanto and you will learn that they have put small family farms out of business all over the world.  How do you think their involvement is going to affect California’s cannabis growers?  What is Newsom’s motivation for getting bed with these corporations while he blocked authentic patient advocates and long-time cannabis industry players from the table?

* Racist.  Classist. – This is a long socio-economic discussion that Axis of Love SF explores deeply.  I have included those links below.

Some of those asking for your NO vote: Ed Rosenthal, Valerie Corral, Steve Kubby, Scott Imler, Dennis Peron, several growers’ associations, numerous attorneys, dozens of patient advocates and many others.

Prop 215  =  less than 250 words

Prop 64  =  62+ pages

The good news is that there are already good legalization initiatives drafted by a broad coalition of our cannabis community members with the input of good lawyers, and have received favorable analysis from the Office of the Attorney General.  These complimentary initiatives take into account the California single-subject rule, which stipulates that proposed legislation can only take on one issue.  By having complimentary initiatives we aim to legalize marijuana, ensure that medical marijuana patients are protected, end bans, have fair permitting and taxes for ALL types of cannabis businesses, release prisoners, expunge records, protect genetics, small farmers, civil rights and more. 

Your NO vote protects Prop 215, allows legal challenges to MMRSA/MCRSA to move forward and let’s us get a much better set of laws passed in 2018.   Please help protect California’s unique cannabis heritage; and don’t let mega corporations and their lobbyists destroy it.

Be Safe.

Get out and vote.

Sincerely,

Patient Advocacy Network

Some links:

Does Prop 64 Threaten, Diminish, or End Medical Cannabis?

(Answer: Yes, Yes, and Yes)

By Sasha Brodsky, Attorney at Law

http://www.sbrodskylaw.com/Blog/VoteNoOnProp64.html

Will Calif.’s Prop. 64 Really Free any Pot Prisoners?

"...one fact that can’t be ignored is that almost no one is in prison for cannabis in California... according to the the California Department of Corrections and Rehabilitation, only 285 people are in prison for any cannabis-related offense."

http://www.huffingtonpost.com/entry/will-califs-prop-64-really-free-any-pot-prisoners_us_581d2767e4b0334571e09b91

California legalization: Prop. 215 author fights Prop. 64, here’s why

http://www.thecannabist.co/2016/10/12/california-legalization-prop-64-opposition/65113/

Why California Cannabis Growers Are Coming Out Against Prop 64

https://www.merryjane.com/news/growers-against-california-prop-64

Strange bedfellows unite to oppose California pot legalization

"...there’s a lot we don’t know about commercial cannabis regulation..." -- said Lynne Lyman, state director for the Drug Policy Alliance, authors of Prop 64.

http://www.sfgate.com/bayarea/article/Strange-bedfellows-unite-to-oppose-California-pot-10418478.php

Prop 64 Money Trail – from the Sac Bee

http://www.poppot.org/wp-content/uploads/2016/10/Prop-64s-Money-Trail.jpg?111614

Penalties Chart from Tharp Consulting

https://cannabissite.files.wordpress.com/2016/10/correction-chart2.pdf

AUMA Analysis by Attorney Letitia Pepper - http://marian0280.wixsite.com/4pepper

AUMA Analysis by 151 Farmers - http://151farmers.org/2016/08/19/prop-64-aumaanalysis/

AUMA Analysis by The Weedly News - Prop 64 – AUMA Legalization for the 1% - http://theweedlynews.com/2016/08/01/prop-64-auma-makes-marijuana-legal-only-for-the-1/

AUMA Analysis by Cal Growers Assoc. - Cal Growers divided on Proposition 64 - http://www.calgrowersassociation.org/proposition_64_julyconcerns

GEORGE SOROS AND BIG AGRICULTURE MOVE THE MARIJUANA MOVEMENT - http://katehon.com/837-george-soros-and-big-agriculture-move-the-marijuana-movement.html

Monsanto, Bayer, and the Push for Corporate Cannabis - http://www.counterpunch.org/2016/07/08/monsanto-bayer-and-the-push-for-corporate-cannabis/

Part II - https://ellenbrown.com/2016/07/07/the-war-on-weed-part-ii-monsanto-bayer-and-the-push-for-corporate-cannabis/

Napster founder Sean Parker announces $250 million grant to fight cancer - http://money.cnn.com/2016/04/13/technology/sean-parker-donation-cancer-immunotherapy/

How Justin Hartfield could become the Philip Morris of weed - http://moneyweek.com/profile-of-justin-hartfield/

Three Biggest Reasons Tobacco Giants Eye Lucrative $50 Billion Marijuana Market –

http://dailycaller.com/2016/01/04/tobacco-giants-eye-lucrative-50-billion-marijuana-market/

Marijuana Related Arrests Skyrocket In Colorado For Black And Latino Minors

http://www.vibe.com/2016/05/marijuana-arrests-colorado-skyrocket-black-latino/

‘Medical’ Marijuana Costs $500 More Per Pound In Washington State Than Recreational Weed. What’s The Difference?

http://tokesignals.com/medical-marijuana-costs-500-more-per-pound-in-washington-state-than-recreational-weed-whats-the-difference/

AUMA Full Text - https://www.oag.ca.gov/system/files/initiatives/pdfs/15-03%20(Marijuana)_1.pdf

Videos – Prop 64 San Francisco Patient Town Hall (Part 1 – 5)

https://www.youtube.com/user/axisoflovetv

Social Media Posts:

https://www.facebook.com/VoteNoAUMA/

On the radio:

Degé Coutee is the in-studio guest on KFI AM 640 with the Wayne Resnick Show; She will be explaining why she is Voting No On Prop 64.

http://kfiam640.iheart.com/media/play/27211403/

Even Asian Media has it figured out.

[Video] - California recreational pot: Can Sean Parker puff puff pass recreational buddha with AUMA!? - https://www.youtube.com/watch?v=OpM_bGrV1j0

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Words Of Advice For Defendants by Steve Kubby

I receive requests several times a month from defendants who suddenly find
themselves forced to defend their lives, their right to use medical cannabis and
even the Bill of Rights. Like you, each defendant is suddenly forced to cope with a
predatory criminal justice system that judges them guilty, until proved innocent.
This advice is intended to help provide you with the necessary tactics to succeed
against the terrifying challenge you now face.

Here are the key concepts you must master to win:

1. NON-COOPERATION WITH TYRANNY IS A DUTY. America was founded on 

the premise that we have inalienable rights that cannot be separated from us by 

any law or government. The Drug War is unconstitutional, immoral, and no longer 

supported by voters or juries. Your non-cooperation with this corrupt war on American 

citizens is the surest way our Constitution and Bill of Rights can be restored.

2. NONVIOLENCE – We don’t want to kill our enemies, only expose their lies and their
greed for power over others. Any form of anger on your part must be left at the
door, or it will make you no better than your adversaries and bring failure to your
efforts. Only when others sense your commitment to the high road, will the justice
you seek become possible. Those who attended my trial saw that I always wore a suit
and showed respect. I even held doors open for my prosecutors, so they could push in
their huge cart filled with 4,000 pages of lies against me. My polite behavior only
made their accusations look more wild and ridiculous.

3. REFUSE TO WAIVE TIME – You have the Constitutional right to a speedy trial and
yet virtually every defendant is told by their attorneys to waive their right. What
attorneys never tell their clients is that if they refuse to waive time, they must
be tried within 60 days or the case must be dismissed. In the real world, few
prosecutors can prepare a case in 60 days and even fewer courts can organize a jury
trial in that time.

4. NEVER PLEA BARGAIN – This is a slippery slope. It might look like a great idea to
begin with, but in the end, you lose, everyday for the rest of your life. You won’t
get what you were promised and you’ll only endanger others by cooperating with
government terrorists.

5. GO ALL OUT ON THE PRELIMINARY HEARING – Winning your Preliminary 

Hearing means the judge will dismiss the case and your troubles are over. Most 

defense attorneys will advise you to do little in your Preliminary Hearing, so they 

can see what the prosecution’s case is about and then prepare a defense. That is 

definitely the wrong tactic in a bona fide medical marijuana case. You want an attorney 

who will fight with everything you have to win your case in the Prelim, regardless of the 

costs or time involved. Top medical marijuana attorney J. David Nick once took a Prelim 

on for 18 months, until the prosecutor gave up in desperation.

6. INSIST ON A JURY TRIAL – Less than 3% of defendants exercise their right to a
jury trial and yet the court system is in near gridlock. Refusing to cooperate and
demanding a trial places a significant load on the criminal justice system and is
the surest way to end this phony drug war. Many medical marijuana trials end in
acquittals or hung juries, so take your case directly to your fellow citizens and
trust them to see through the prosecutor’s lies.

7. USE THE MEDIA – Most courts will not allow you to tell your story and you must
depend upon the media to get the truth out. Focus on winning in the court of public
opinion and your victory with the jury will be assured.

8. TARGET POLICY MAKERS – ignore the police and prosecutors and target their
superiors. It is Sheriffs and D.A.s who are the generals in the Drug War and they
are the ones who are responsible for your current grief. Organize a recall election
against your D.A. Your recall will probably fail miserably, but your D.A. will back
off prosecuting other medical cannabis patients, once you put a little heat to their
feet.

9. SEEK CIVIL AND CRIMINAL PENALTIES – Use the courts and your local grand jury to
obtain indictments and convictions against rogue officials, since this is the ONLY
thing sheriffs, police chiefs and district attorneys understand or respect. Never
forget what was done to you until EVERY rogue sheriff, district attorney, police
chief, and judge has been brought to justice. We owe it to all who have died and
suffered horribly in this war to dedicate the rest of our lives to bringing these
drug war criminals to justice.

10. REFUSE PROBATION – Probation is no different than plea bargaining, because you
are trading away your rights for a deal that will never work in your favor. You are
better off to take jail over probation, because probation nearly always leads to
further violations and trouble with the law.

11. DOCUMENT ABUSES – It’s your job to document and prove abuse. Sooner or later, a
reform-minded administration will be elected and they will want to investigate your
charges and seek justice.

You are now a professional defendant. Your life will be your trial. Do what you can
to survive and remain true to the belief that YOU ARE INNOCENT. The Compassionate
Use Act of 1996 gives you the RIGHT to use, grow and possess this medicine. Don’t be
afraid to stand up for what you believe.

Good luck and remember to focus on the positive.