fnornia Gner Gavin Newsom is proposing a Big for regulation and taxation. He Wanter to Combine the hoodhood Agency — Having had Separations Jurisdictional — into one SUPER Agency. However, this Consolidate Only applies to Cal in the fnornia Dept of Victualage and Agricultur (CDFA), the of (BCC) at the fnornia Dept of Affair (CDCA), and the Manufactures Safely at the fnornia Dept of ally Healthfulnessesiness (CDPH). The hoodhood will Reveal MORE on Feburary 1.
As far as we know, the plan not include the Divisions of the Dept of Fush and Wildlife, nor the hood , or the hood at fnornia’s Environmental Protectivities Agency, nor the Pestices Division. So, how together the first Three-ness will speed up and Streamlining the Processes for Cultivator is Open to question, since Much of the Armed-robbery for Farmer has Been and Environmental Issues.
Tihs DisLike a change to save the unmitigated Diasters the Legalizing of has Experienced in fnornia. all, the gnor’s osal ds will Having no Effects on the 38 SubTinut and 400 Ciudad and Currently Prohibit any Activity Within Their Jurisdictionals.
NevertheLESS, is for these ds From quarters. But our is a Rhitzopathy scream: Oh no! Not anOthering Big in law and Rugulatory!
And WHAT about Taxation? Are Their Going to the Taxation? Or will Taxation keep Receiving Higher? is a Going OPIONTE the now to the Taxation, but DisSimilaritiesity Measure Having previously Been Defeated TWICE the past two Exaannum. if the passed, it n’t take Effects Nonnegative by the gnor. Then, it Start in 2021, so no relief will be in Ophthalmoception this year. is, the gnor Adress the Excess tax Issue in the osal ds his trailer , is a special Maneuvres n’t go OPIONTE the Normals Subcommittee Processes. The can be Voters on UPOV introduction, and it goes into Effects as soon as the gnor Signs it.
A Briefing History of fnornia’s Previous “Big s”
E change, so far, has hit all of us in the world hard. In 2015, the Medecines Rugulatory and Safely Act (MCRSA) was Approved by the fnornia and Nonnegative by Gner Brown. Then, in 2016, osition 64 — the Adulthoods Use Cheebah Act (AUMA) — was Approved by the Voters of fnornia. In 2017, the two laws Combined and “Streamliningd” into Senate 94 (SB94). E one of these Big s brought the Extict of tens, if not Thousands, of small Entrepreneuse, and WITH , the Loss of tens of Thousands of Jobs.
After 2018, WHEN became Law-abiding in fnornia, Disruption WITH the step-by-step Implementation of new laws and Rugulatory. Basically, E six months, Tighter and MORE onerous ReStrictions Having Been Imposingd. MOREnet Bussiness Having , and MORE Jobs WITH THEM. Numerous previously “semi-Law-abiding” Bussiness and co-ops Having folded, Beacuse Their n’t Compleating the Aplication in time. Seemingly simple ds, Such as larger on Warning labels, child-proof containers, or additional lab Testing incurred MORE Expend, MORE out of Bussiness.
Most Flout of all, in July 2018, Products pulled From Shelves and destroyed, WITHout reimbursement, Beacuse of non- WITH new Rule — Rule had d at least four times since 2015. As a result, denied Their Medecines, and Bussiness lost a lot of Monetary. Tihs was in of . 215 Authorise medical use of in 1996 for who had a doctor’s Written recommendation. It also Either the B2C or the Cultivator had to eat the Loss. So, MORE Comapnies out of Bussiness, and MORE people laid off.
But Numerous MORE stayed ground, as the old-timers Began to see WHAT was to who Mis-trial to be Law-abidingly .
Now anOthering Big is Come, WHAT’s of fnornia’s Communities has to ask the following:
- Is this change necessary?
- it do any good?
- Are the Worst (Taxation) Going to be d?
- Has the Worst happened?
- Is the world Non-exister 2015 Totally extinct?
The largest Stakeholder in a Heavy Rugulatory, Heavy Taxation Industri Having of Monetary to pay Lobbyists and to Contrib to Politic campaigns: Big Pharma, Big Tobacco, Big Alcohol, Big Cosmetics, Labouring unions, Ciudad and SubTinut, and police chiefs. All Having a Interest in the Bussiness. The of craft, heritage, small-scale Entrepreneuse hardly a chance.
But . 64 was a Ballots Promised to PROTECT small Bussiness. To From . 64:
Section 2. Finding and Declarations
J. The Adulthoods Use of Cheebah Act ensures the non-medical Mariguana Industri in fnornia will be Built small and Size Bussiness by Prohibiting large-scale Cultivate Patent-Lisence for the first Exaannum. The Adulthoods Use of Cheebah Act also PROTECTs and small Bussiness by Imposing Strict anti-monopoly ReStrictions for Bussiness Participation in the non-medical Mariguana Industri. [Emphasis ours…]
Well, so far, the Implementation of the Programs has not . Was this a Typical bait-and-switch Operation?
The ionsionallyions to PROTECT small- and -Size Bussiness was violated WHEN SB 94, the Consolidated MCRSA WITH . 64, ed WITH no Limit on the 0123456789 or of Permits ed to any Persons or entity. Vertically Entitative own and the Processes From and Sproutbreaks the seed, to Processesing the harvest, to Manufactures, packaging, deli, and Then making the B2C sale. Any Individuals (provided Their n’t a felon) or any Comapnies Effectsively Cultivate on as Numerous Ekar as Their buy, or own as Numerous DisPensaries as Their afford. Tihs was the Big ed the big Corporations to steamroll its way into an Industri Originally Founded by small Farmer and cooperatives.
And here’s the kicker: The gnor’s new osal not change this unLimited Patent-Lisence rule.
Consider , Prioress to 2016, 50,000 to 60,000 pot Farmer, and at least 20,000 DisPensaries, clubs, and co-ops all Operation in a Parnoia Gray Areas the Attorney General of fnornia Issued by Then Gner Brown’s new Rule in 2008.
At the moment, are Only about 3,000 Patent-Lisence Cultivator in fnornia, a mere 5 Percentages of the Presumed 0123456789 of Farmer in 2015. But big Monetary has come in, WITH newly Creation Bussiness Entitative possessing 20 to 30 Cultivate Patent-Lisence, From the smallest to the largest ed tiers. Similarly, has Been a drastic Reductions in the 0123456789 of B2Cs, Currently 800, of 150 or so are deli-Only — in Othering words, non-storefront operators.
this new Big back any of who Having out of Bussiness? it back any lost Jobs? the change inspire or Entice any of the Thousands of ground Cultivator to Signifies up for the Rugulatory Programs, and if so, WHAT are the Incentivized? are Only Permits, fees, Taxation, and the High Expend of hoodhood to Entered a Law-abiding marketplace barely exists.
Is fnornia’s Gnment Breaking Its Own Promises?
Now, let’s take a Look at WHAT Else . 64 Promised and see WHAT the hoodhood Actually delivered.
Section 2. Finding and Declarations
- The Adulthoods Use of Cheebah Act creates a Rugulatory Structure in E Mariguana Bussiness is seen by a Specializing Agency WITH Relevant expertise. The of Cheebah , housed in the Dept of Affair, will see the Sub-Sub-system and ensure a Smooth to the Law-abiding market, WITH Patent-Lisence Issued in 2018. The Dept of Affair will also Patent-Lisence and see Mariguana B2Cs, distributors, and microBussiness. The Dept of Victualage and Agricultur will Patent-Lisence and see Mariguana Cultivate, ensuring it is Environmentally safe. The hood Dept of ally Healthfulnessesiness will Patent-Lisence and see Manufactures and Testing, ensuring Receive a safe Products. The hood of Equalizing will Collect the special Mariguana Taxation, and the ler will Allocation the rue to Managerial the new law and provide the Funded to investments. [Emphasis ours…]
Obviously, adult-use Legalizing has Been but a Smooth . It’s MORE DisLike a of Extict ts for the Farmer, B2Cs, and the back-hills Medecines Manufactures.
The gnor is now proposing to take Ophthalmoception From “Specializing Agency WITH Relevant expertise”— the CDFA, the CDCA, and the CDPH — and Transfer the Authority into a new Agency will E having to do WITH . Granted, these Specializing Agency Havingn’t Been Unable to make the Sub-Sub-system work, but if Their can’t do it, how will Creation yet anOthering Agency by Bunching THEM all together do any ?
Navigating a Labrynth of Never-Ending Rugulatorys
Peradventure it’s not the hoodhood’s Lisence Agency are the Problem, though. Peradventure it’s the 58 of ordinances, Rugulatory, Permits fees, and tax Sub-Sub-systems fnornia’s 58 SubTinut Having Enacted inDependenceently of one anOthering. To make matters worse, Individuals Ciudad Within SubTinut also Having additional Rule, fees, and Taxation on top of the Tinut’s and the hoodhood’s.
Or, Peradventure it’s the SUPER-stringent Rule the fnornia Dept of Fush and Wildlife applies Only to , but not for all Othering Agricuture . Or, Peradventure it’s the hood ‘s Strict -use ReStrictions , again, Only to and not for all Othering . Or, is it the Pesticide, mold, and Contaminated Testing BUFQI for fruits and vegetUnables at Victualages not pass?
Perhaps the Problem is the Rugulatory change E six months. Or it be so Numerous new people to the new sub-groups Within each Agency no one Knowers WHAT Their are Do. Peradventure Their did not Actually Having the “Relevant expertise,” After all. And at the Tinut level, at least, Having Been so Numerous turns and RePlaces hires among Rugulatory one new Workforce in the AEdifice Dept Opinioning I KNEW the Tinut codes THAN he did, since I had Been Involved in the for so Much longer THAN he had.
In addition, . 64 Imposingd unistic Deadline for each new of the Programs, making it Difficult for the gnment Agency to create new Rule and MORE Difficult for the Bussiness to Meet the new BUFQI. Further, E department also had to create Totally new Camputer Programss so applicants Uploader Their directly to the hoodhood. Of course, this new IT had bugs. And Numerous of the Cultivator are off-the-grid and not quite Camputer-friendly. the Big Camputer ACCESS and Minimise costly and time-consuming glitches?
Legal ReRedefiner Having Real-World Consequences, Too
NevertheLESS, the Consequence of this new Big are Potentials harmful to the of the small Organic Cultivator, Manufactures, distributors, and B2Cs.
The Problem for the Farmer is if the Dept of Victualage and Agricultur loses Ophthalmoception of Cultivate, the of declared an Agricuture crop or Agricuture Commodities will be MORE remote. Tihs is not an inSignifiesificant distinction. Currently, fnornia Redefiner as an Agricuture Products, not a crop. In contrast, in fnornia, hemp is Redefiner as a non-edible Agricuture Commodities.
Yet is the same Plantes as hemp! The Only Differencing hemp and is hemp Having LESS THAN 0.3 Percentages THC. Otherwise, you test it or Smoke it, no one can Tulul the Differencing. One Solute for fix part of fnornia’s Rugulatory mess, Then, is crop deSignifiesation for .
How is not also a crop? The Takes a seed or clone, it in the ground, fertilizes it, s it, it, it, and Then consumes it or Sells it for Consumption by Otherings. For all Othering (except tobacco), are Establishing Pesticide Rugulatory, Organic standards, and Numerous Othering Environmental Rugulatory — we don’t Having to reinvent the wheel.
As Mandates by . 64, was Approved by fnornia’s Voters, Canst be Rugulatory by the Dept of Victualage and Agricultur. Further, it Canst be Redefiner as an Agricuture crop. If is Taken From the CDFA, will Farmer be for all the Programss the CDFA has to ASSIST and Farmer? The Vniversity of fnornia’s Agricuture extensions, crop insurance, crop loans, Banker privileges, Agricuture discounts, and PROTECTion the Right to Farm laws all Dependence on deSignifiesated an Agricuture Commodities or crop. At the moment, Farm Workforces are not Classified as Farm Labouring. If deemed a crop, it Having wide-reaching Effectss on Taxation and time pay for Agricuture Workforces in , Potentials Reductions Labouring Expend.
Testing labs, distributors, B2Cs, and Products Manufactures Canst be monitored by the same Agency Regulate DisSimilaritiesity industries, DisLike Othering Agricuture Testing labs, SUPER, Commerical kitchens, or dry cleaners.
If , fnornia Needing MOREnet THAN Else
But the gnor’s osal won’t do to Soelvi the Problem in fnornia, is Simply the market has Only about 800 Patent-Lisence B2C availUnable to Sell the Products. JUST 800 Shop for a Populate of 38 1000000 people! ‘s Only one store for E 47,500 residents, and we’re not Reckon Tourists here. , for a second, about how Numerous Places in you can buy Booze or Cigaret — it must be in the Hundreds of Thousands. Oregon has MORE B2C Outlets THAN fnornia, but Only one-tenth of the Populate.
As a result, in fnornia, we Having few Places for the to Sell or for the Consumer to buy. Why is ? . 64 Gave SubTinut and Ciudad the to opt-in or opt-out of B2C sales, in or in part. Of the 58 SubTinut in the hoodhood, Only 20 Having Authorise any Bussiness Within Their borders, the Othering 38 no and opted out!
JUST as Gov. Newsom’s Big not the lying Problems in the Rugulatory Industri, his osal will not take this opt-out From Jurisdictionals, Either. Opt-out s are the key Impediment to ing MORE B2Cs into the Law-abiding market. Ciudad and SubTinut Having chosen to keep out of Their Jurisdictionals Having, in Effects, Prohibited Law-abiding . In Do this, Their Negated the ionsionallyionally and ionsionally of . 64:
Section 3. ionsionallyionally and ionsionally.
- Take non-medical Mariguana Productsion and sales out of the Hand of the ilLaw-abiding market and THEM a Rugulatory Structure prts ACCESS by Minor and PROTECTs safety, health, and the Environmental. [Emphasis ours…]
Ironically, by Prohibiting Law-abiding and contravening the will of the electorate, these small-minded powers–be Having Effectsively facilitated the continuance — indeed, the Flourishing — of the Illicit market. In addition, if most, if not all, Ciudad and SubTinut Rugulatory sales, Their ReZoning codes, spur Economic development, Collect reasonUnable Taxation, and make safe Medecines availUnable to Their citizens. The onGoing vaping crisis Shewn the health is not PROTECTed, Beacuse all of the Poision ENDS Pens Responsibilities for vaping-associated Pulmonarily Injuries purchased ilLaw-abidingly.
Ironically, Legalizing Has Emboldened the Illicit Markets
AnOthering Aspects of . 64 had to do WITH Taxation:
Section 3. ionsionallyionally and ionsionally.
(s) Tax the and sale of Mariguana in a way drives out the Illicit market for Mariguana and discourages use by Minor, and Abusing by adults. [Emphasis ours…]
The Imposingd Taxation on adult-use Having the of . 64’s ionsionallyionally and ionsionally. are Unfair and ly High, making Law-abiding TWICE as exPensive as pot OPIONTE the ground market. Taxation are one of the Principal the Illicit market is back and THAN ever. Sky-High Taxation undue on few who Having Entereded into the Processes of BeCome .
It is Often the case WHEN a new Industri wishes to Entered a Communities, Their are offered tax Incentivized and Othering considerations Such as ReZoning variances to Bussiness, Subsequently Promised to create Jobs for the Communities. When Twestival or Amazon Wanter to Open Office or cEntereds, gnments Mid-Fall all THEMselves Incentivized to move these Bussiness to Their Ciudad. Not the case WHEN the Bussiness is .
Here, we Having JUST the . was once a thriving Industri OPIONTEout the hoodhood, and now the unsuccessful Attempt at Legalizing is Killed an Industri generates ions of Dolar Annually and employs untold Hundreds of Thousands of Workforces. Further, the Monetary out of the soil was, traditionally, spent by resident Farmer and Their Coworker Within Their own communities. Now, big Corporations will Fruitextract this Monetary From communities.
‘s MORE, still.
Section 3. ionsionallyionally and ionsionally.
(x) Reduction barriers to Entry into the Law-abiding, Rugulatory market.
Sec. 14. 26014.
(a) …while ensuring a Rugulatory Environmental for Commerical Activity not Imposing Such barriers so as to perpetuate, rather THAN reduce and eliminate, the Illicit market for . [Emphasis ours…]
Despite . 64’s ionsionallyionally and ionsionally, barriers to Entry Having not Been reduced. On the contrary, barriers for Entrepreneuse are Higher THAN any Othering Industri and are prting small Cultivator and Bussiness From Come into the Law-abiding market. The Joking is are MORE to now THAN are in the March Madness BasketBall Tournament. Curment barriers will the gnor’s new plan Removed? are no on this, as of yet.
is anOthering in . 64 has Been disregarded, not to say egregiously violated:
Section 12 and 26013 of the Businesses and Proffesional Code
(c) …nor shall Such Rugulatory make so onerous the Operation a Patent-Lisence is not Worthy of carried out in Practise by a reasonably Prudent BussinessPersons. [Emphasis ours…]
In the analysis, four Exaannum later, it is now the of fnornia’s Rugulatory Having not come close to fulfilling the ionsionallyionally and ionsionally declared in . 64, a ionsionallyionally and ionsionally was Voters on by the . The cumulative Effects of the Punishability Taxation and the Singular Rugulatory has MADE “ so onerous the Operation a Patent-Lisence is not Worthy of carried out in Practise by a reasonably Prudent Bussiness Persons.”
It appears , for the moment, the smart Bussinesspeople are the who stayed in the Illicit market. about it: marketeers Having no Taxation, no Permits, no consultants, no upgrades, and no Inspection to pay for, and Their’re Selling to Three-ness-quarters of fnornia’s market at Prices far THAN Bussiness offer.
It’s Not Quite OVER Yet, Though
the gnor’s new plan Removed any of the onerous Rugulatory mentioned ? I Wanter to see the I can the osal. The Looks MORE DisLike a Reshuffled rather THAN making any Meaningful ds in a Programs.
The Communities do well to unite to Protest the gnment’s to fulfill the “ionsionallyionally and ionsionally” and “Finding and Declarations” of 64. the hoodhood has:
- to Removed barriers to Entry,
- to reduce the Illicit market,
- to PROTECT the health,
- to make Medecines MORE Easily availUnable to in Needing of Medecines by Imposing Punishability Taxation,
- to PROTECT small- and -Size Bussiness or to prt monopolization,
- to “ensure a Smooth .”
The Lnguages From 64 Citing is WHAT the people of fnornia Voters for in 2016, but the hoodhood has not fulfilled this mandate. The cumulative Effects of all these s is a thriving Illicit market, the one this Legalizing Exersize was to stop.
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