Justin Hartfield, who owns weedmaps.com, a "medical" marijuana dispensary listing and referral website that pulls down $250,000 per year, told the Associated Press and the Wall Street Journal this week that medical marijuana is "a joke" and he lied to his doctor to get his recommendation.
Weedmaps is a founder of The Dispensary Defense Group, headed by Richard Cowan, former Director of The National Organization for the Reform of Marijuana Laws (NORML).
Five days after the first article on the 18th, Micky Martin announced a boycott of the site and its advertisers, characterizing it as a "wolf in sheep's clothing". He wrote, "As a community, we must put an end to this sensationalist and ill-conceived notion that patients are scamming the system like Mr. Hartfield."
Justin Hartfield responded to Mr. Martin's call for a boycott by stating he never said "there is no real medical value to cannabis" but instead said "the medical system is a total farce" because "it just needs to be legal". He admits to "exaggerating" his medical problems to his doctor and to owing him an apology for his "candor" to the press but he believes every adult "should have immediate access to cannabis for medical problems that might arise when they could not get to a doctor to get a card."
Coincidentally, the week before Mr. Hartfield's startling revelations to the press, Richard Cowan and Kaya Compassion announced it had become a founding member of the Dispensary Defense Group, of which Weedmaps.com is also founder.
Snatching Defeat From The Jaws Of Victory
On Tuesday the city of Oakland passed by 80% Measure F, a precedent setting tax on medical marijuana, ostensibly for the good of the movement, though no one has been able to explain exactly how this is supposed to benefit patients, or how taxing medicine legitimizes dispensaries, patients, the movement, or anything else.
Speaking of NORML, they think this is just ducky. Allen St. Pierre, current director of NORML, had this to say, “The passage of this first-in-the-nation tax further legitimizes cannabis-based enterprises in Oakland and elsewhere. These outlets are contributing to the health and welfare of their local communities, both socially and now economically. At a time when many municipalities are strapped for tax revenues and cutting public services it is likely that public officials in other cities will begin considering similar proposals.”
Joseph R. Pietri, long a cannabis advocate and critic of NORML, commented on Facebook that the four Oakland marijuana dispensaries responsible could just as easily have put legalization for all on the ballot and it would have passed by 90%. "Instead they tax patients, give the money to the City, and politically empower the clinics who are like the Dutch and prefer the status quo." He points out that patients are now being taxed twice, once by the state and once by the city. He believes that NORML's support for Oakland's tax on medical marijuana proves that NORML has been working against the legalization of marijuana all along.
Richard Steeb is also not so enthusiastic. On the Los Angeles Times poll regarding a proposed city tax in Los Angeles on medical marijuana he wrote (emphasis his), "MEDICINE should NEVER be taxed; that constitutes gouging the ill." He went on to say, "LEGALIZE it, and THEN tax its sale wherever whiskey and cigars are available. And give physician-certificated patients a TAX EXEMPTION. Ethics is ethics."
"That cost goes to the patient. The patient is already on social security, they're on disability," said Lanette Davies with the Canna Care Clinic in North Sacramento, regarding the announcement that Oakland's great victory had inspired Sacramento to consider charging the sick and dying tax on the money they pay for medicine.
This is as good a place as any to note that Tom Ammiano's state tax as described in AB 390 (which legalizes marijuana in California) specifically exempts medical marijuana from his $50/ounce surcharge. A distinction that virtually none of the media have made or seem to think is important.
Americans for Safe Access (ASA) states on their website that they have opposed taxing medical marijuana "from the beginning". They state their two main reasons for this are: 1) it is regressive and has the potential to significantly increase cost, and 2) the requirement to provide receipts would violate the constitutional right against self incrimination.
When the issue of paying state sales tax came before the state Board of Equalization (BOE) in 2005 ASA argued that in addition to the constitutional issues, medicine should not be taxed; that marijuana is medicine and dispensaries are health care facilities and therefore, "Medical Marijuana Sales By Dispensaries Are Exempt from Taxation Under Revenue and Taxation Code § 6369(a)(3)."
BOE Issue Paper 05-009 determined that medical marijuana and dispensaries do not meet the legal definition of medicine and health care facilities and therefore are subject to state sales tax. This is primarily because it is classified Schedule I by the federal government. The first provision in Barney Frank's HR 2835, The Medical Marijuana Patient Protection Act, is to reclassify cannabis to Schedule II. This would enable doctors to prescribe it, rather than "recommend" it, thereby legally defining cannabis as medicine.
During a recent discussion in ASA's forum they pointed out that while prescription medications are not taxed in California, over the counter medications are.
Angela McDonald doesn't see the Oakland tax as any victory either. In her article Oregon takes honest approach to marijuana tax of 23 Jul 09, she refers to Oakland's tax as "tax trickery" and points out that Oregon's Cannabis Tax Act, which would legalize and tax marijuana for adults, exempts medical patients from the tax. As does Californian's AB 390.
The Tip Of The Iceberg
Laura Thomas, deputy state director for the Drug Policy Alliance, said, "... we hope the rest of the state will follow their lead. The politicians need to listen to the wisdom of the voters. Taxing medical marijuana is a no brainer and fiscally makes sense for a cash-strapped state like California. But this is the tip of the iceberg," added Thomas. "Once Californians see the benefits of taxing and regulating medical marijuana in Oakland, the next logical step is to tax and regulate all marijuana revenue across the state."
Richard Lee, of Oaksterdamn U, one of the 4 dispensaries that organized to tax the sales of medicine to the sick and dying in Oakland, told the New York Times today that he will be introducing a bill to tax and legalize marijuana "this week" - Monday, July 27th. In it's current version (Draft 14) it will "Ensure that if a city decides not to tax and regulate the sale of cannabis, that buying and selling cannabis within that city’s limits remain illegal." Nowhere in this draft is there any mention of any exemption for medical patients.
In the margins the draft says "Draft, not for circulation or attribution." Why not? Given that Tom Ammiano has already introduced a bill that would legalize and tax marijuana at the state level, and this bill exempts medical patients from the tax and does not prohibit the non-taxed sale, one must assume Mr. Lee has promoted and introduced his bill with the express purpose of screwing over medical patients.
One thing is clear, the sick and dying can't do enough for recreational users. As a patient myself, I feel like I've just been mugged.
I'm totally not understanding this California Sales Tax - Americans for Safe Access forum
The Medical Marijuana Patient Protection Act - The Library of Congress
Marijuana Legalization: Help for California Budget Woes? - Time | 24 Jul 09
Sacramento to Consider Pot Tax - News 10 | 23 Jul 09
Boycott Weedmaps.com and their advertisers - TComp Consulting | 23 Jul 09
With 'Med Pot' Raids Halted, Selling Grass Grows Greener - The Wall Street Journal | 23 Jul 09
Oakland Voters Approve Nation's First Marijuana Business Tax - NORML Blog | 22 Jul 09
Tax Prozac, not medical marijuana - examiner.com | 20 Jul 09
California sprouts 'green rush" from marijuana - The Associated Press | 18 Jul 09
Kaya Compassion Medical Marijauan Dispensary's new Pricing Policy - PRWeb | 11 Jul 09
Medical marijuana and artists grants - examiner.com | 8 Jul 09
Sales Tax - California Campaign for Safe Access
The Hemp and Cannabis Foundation
Comments
Definitely time for legalization. No more harmful than alcohol and the tax revenue will help many states. There is a related post at iamsoannoyed.com/?page_id=588
Marijuana should be legal not only for medical patients but for adults who choose it as a healthier alternative to alcohol. Americans should not be arrested for making healthier choices about their own bodies.
No matter how many people we arrest, it's still easier for high school students to buy pot than beer. Keeping marijuana illegal does not benefit our children. It benefits special interest groups: the alcoholic beverage industry, the prison industry, police departments and their suppliers, government bureaucrats, and drug cartels.
Tell your legislators in Sacramento to legalize marijuana. Visit yes390.org
Medical marijuana can't end the cartel murders. The ONLY thing that can stop the killing is the legal production and sale of marijuana to adults.
3,000 people will be killed by the cartels before Christmas. We *have* to undercut the cartel prices and end their marijuana incomes in order to put a permanent end to the brutal murders they're committing.
That's about the lamest excuse I've ever seen. The Gang of Four's Marijuana Tax Act is the new improved Marijuana Tax Act of 1937. Have you read it?
No one's selling out mmar patients: all proposals leave medical statutes intact. Recreational users deserve their freedoms too.
Actually, many of the people involved in the Oakland Tax initiative also worked on and supported Measure Z, Oakland's successful full legalization initiative that has been mired in bureaucracy ever since. What's getting press and support like we've never seen before is the idea of taxation, and although the medical users are feeling the brunt of it now, when recreational use is legalized that will shift.
The idea that NORML isn't for legalization is preposterous. Have any of the critics on this list worked on behalf of legalization as NORML has?
Hera,
You should read Oregon's proposal. It explicitly states it will replace Oregon's medical marijuana laws. Leaving aside the question of whether this is a good thing or not, you are wrong when you say these laws leave existing medical marijuana statutes intact.
As for Oaksterdamn U's Tax Cannabis 2010 proposal, I sat for 15 minutes in shock and awe when I read the phrase "without limitation" - why would anyone INSTRUCT the government to tax, license, regulate, and police anything "without limitation"?
And then not even have the decency to exempt medical patients?
It is the Marijuana Tax Act of 1937.
I prefer decriminalization, not legalization. If decriminalized, it would keep government out of the Canna production and sales aspect. I pay enough goddarn taxes already. Why should I be taxed even more on Medical Marijuana? Keep greedy government out of Med Mar completely...just decriminalize it.
Justin Hartfield has 'sold out' and is only interested in money. Sounds like your average middle-class 'hip' capitalist - a total phoney and corrupt hypocrite.
But I am afeared that medicines costing more money for the patient is not exactly progress.
So keep seeking out better ways, City of Oakland.
Opinions like yours aren't heard enough in the East Bay. Working inside the medicinal marijuana industry, I see unintelligent sheep supporting taxation every single day and it really is sad.
disabled on SSDI, to ill to grow my own I can't imagine having to pay more than I already have to pay for prescription and cannabis medicine. You are making my life miserable.
And your so called compassion programs at most collectives are a insult and give low grade cannabis once a week. (not worth the 3 hour bus trip)... I dont call that medical distribution anyways it is a scam. Rich yuppies who admit to faking a illness get all the good medicine and the poor dying patient gets the low end medicine.
Canada is a voice the badly needs to be heard. But perhaps I go much further than Canada in stating that all adults over the age of 18 should be able to self cultivate without any taxation or regulation. This is the only way that the cancer on this society -- Mexican Drug Cartels -- can be eliminated. And while I do empathize with the Tri-County growers, in Humboldt County etc., I implore them to look at the greater good that will come when we reclaim our Constitutional Right to put into our bodies and drug or idea that we fancy.
hello
irvin
In Sacramento, the entire so called medical marijuana industry has little to do with getting pot to severely ill patients.
It has digressed to nothing more than a for profit business for the dealers and suppliers.
Time for marijuana legalization.
However, the big issue, is how shall it be taxed in commerce, production ?
Comments are appreciated.
MyBestBuds.com
Online Marijuana Dating, Personals, Social Events & Travel.
LOL. So basically I've read norml's comments on here and a bunch of the other listed articles and basically they just want medical patients to suck it up for the sake of the greater good and just over look it because, hey they're gonna legalize it for us in the end. Well screw that. I am asking all medical patients to BOYCOTT NORML and any other organization that Taxes medical Patients. THE ENDS DO NOT JUSTIFY THE MEANS. I'm not going to help a bunch of stupid hippy college students get high when I'm in the bathroom vomiting and scraping my intestines off the floor. Screw you norml.
Many of these administrative issues are resolved gradually, as dictated by practical experience. The fact remains that medical Cannabis is effective in a wide variety of medical conditions, that it is safe compared with absolute majority of pharmaceutical chemicals regardless of what Big Pharma may think about the issue. Cannabis has been used by humans for thousands of years for medicinal and recreational purposes, so these small matters of taxation and administrative organization of Medical Cannabis industry are minor compared with huge personal and collective benefits provided by Medical Cannabis. It is imperative that CA Initiative pass in November, because not one medical marijuana patient, much less the suppliers, are safe for as long as this medicinal plant is criminalized. Now, when the plant is legalized and the so-called "law enforcement costs" are deducted from the equation, the overall prices of the product should go down, not to mention the respectability gained.
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