WA Dispensary Owners Against MJ Legalization

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7greeneyes

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URL: hMPp://www.huffingtonpost.com/2012/11/27/washington-marijuana-legalization_n_2198668.html

You know what game I love....MONOPOLY...ohh :rofl: sorry....:rolleyes:

I'm sure I'm sorry:aok::rofl:

WA Dispensary Owners Against MJ Legalization

As voters in Washington state this month legalized marijuana for recreational use, they overrode the concerted lobbying of a conspicuous interest group: The dispensaries that already had the right to sell marijuana for medical use, and who now risk relinquishing that lucrative marketplace to new competitors.

Though one might assume that legalization would be opposed primarily by law enforcement and social conservatives, nearly all of the money donated to fight the ballot measure in Washington came not from such groups but rather from the existing medical marijuana industry, according to state campaign contribution filings.

The main group formed to oppose the legalization ballot measure, "No on I-502," was directed by Steve Sarich, a patients' rights advocate who runs a local dispensary or "access point," as he calls it. He says neither he nor his campaign's contributors opposed the measure for financial reasons. "There may be a few that are making some money," he told HuffPost Monday, "but most of them are just paying the rent."

The "No on I-502" campaign has argued that the ballot measure inappropriately makes marijuana users vulnerable to prosecution under the initiative's DUID ("Driving Under the Influence of Drugs") provision -- an assertion that others have challenged.

But some involved in the fight suggest a more direct motive for the opposition: Those who already have the right to sell marijuana in Washington -- the medical use industry -- were reluctant to surrender the market to a new crop of competitors, a development likely to send prices plummeting while generating as much as $606 million in tax revenue next year, according to widely cited estimates.

"Clearly these are just folks who are trying to keep the status quo in place because it's working for them right now," said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws (NORML). "Charging $150 to $400 for an ounce of marijuana is only possible under prohibition. You just can't get that much money for dried vegetable matter if the product is actually legal."

The cannabis industry wasn’t the only place this election cycle where existing players sought to fend off new entrants in an attempt to preserve virtual monopolies. In Maryland, much of the financial opposition to a ballot initiative expanding casino operations in-state came from competing casino owners at a nearby complex in West Virginia who spent millions on attack ads and helped promote religious opposition to the measure. It's an approach with considerable historical precendent, as Matthew Yglesias explains in Slate:
But “you’re hurting our West Virginia business” isn’t a very persuasive argument in a Maryland referendum. The resulting dynamic is an instance of Bruce Yandle’s “Baptists and Bootleggers” model of regulation. Bootleggers benefitted financially from alcohol prohibition, but as states pondered the relegalization of alcohol following the end of the federal ban, bootleggers couldn’t invoke their own financial interests to halt legal liquor. What was needed was a tactical alliance with booze-hating Baptist preachers.
A similar dynamic has played out in California's so-called Emerald Triangle -- Mendocino, Humboldt and Trinity, a cluster of northwestern counties specializing in pot cultivation since the mid-'70s -- where growers and sellers largely opposed an in-state marijuana legalization initiative in 2010. The implicit reasoning was that industry-style mass production would damage the local economy, as marijuana is the lifeblood crop for thousands of residents in the area.

That initiative, Prop. 19, ultimately failed. But not before a study by the nonprofit RAND Corporation found that legalizing the production and distribution of marijuana in California could cut the price of the drug by as much as 80 percent, even as it increased consumption. (Beau Kilmer, the study's lead author and a policy researcher at RAND, cautions that those numbers cannot be extrapolated out to Washington state, but allowed that prices there are expected to drop off dramatically as well.)

In Washington, marijuana proponents outspent opponents 400 to 1, as Mike Riggs noted recently in The New Republic. That's thanks, in part, to George Soros and Progressive Insurance chairman Peter Lewis, who helped legalization advocates raise roughly $6 million to their opponents' $16,000.
It was under these unfavorable conditions that opponents opted to take what is perhaps the only remaining course of action available to them: they filed a lawsuit on Nov. 14, a week after the election, arguing that due to a defective ballot title that "failed to mention I-502's new draconian DUI provisions," the voters were not fairly informed of what they were voting for.

The lawsuit doesn't mention how the law would affect the medical marijuana industry. But earlier this year Michael Lick, whose Washington dispensary Urban Roots has had more than 1,000 patients since opening in April, did, telling the Seattle Stranger's Dominic Holden that he opposes I-502 because he fears it would quash the industry and thinks cannabis should be treated like medicine, not a recreational drug. He did not return a call from HuffPost seeking further comment.

Heather Houghton, a manager with Evergreen Holistic Center, denied contributing money against I-502 for financial reasons, saying the initiative's driving provision, which creates a cutoff for drivers who have more than 5 nanograms of active THC per milliliter of blood, could put patients at risk of prosecution.

Marijuana remains illegal under federal law. The Obama administration has yet to say whether it plans to intervene to challenge the voter initiative in Washington, and another in Colorado, which legalize the drug for recreational use.

"I don't see how they're going to get around it being illegal [at the federal level],” Houghton said.

Trek Hollnagel, a spokesman for the Conscious Care Cooperative in Northern Seattle, also dismissed the notion that his dispensary fought the measure out of self-interest, saying that while the law does take away some patient "rights" -- he again cited the provision on driving -- he added it's a victory to a certain extent, because there will be some form of arrest protection for everybody.

"I would say it’s kind of a mixed emotion," Hollnagel said.
Hollnagel continued that the new law might be good for business, because it would make patients feel more comfortable about seeking help.
"In my professional opinion I think this will be beneficial for the cannabis industry as far as the dispensaries and all aspects of business go," he said.

NORML's Allen St. Pierre isn't buying it.
"They're moonshiners," he said of the dispensaries opposing the measure. "It's a tiny group of people who don't comport."
 
:ciao: 7green

as I live in Washington State..and deal with Dispensaries most had told me prior to the Vote that 'They" wont be affected...well..just got home from one that was sent paper work to fill out "for tax purposes" ..as I said befor...even though we under MMJ law the Dispens..are not...we go to get meds and make "Donations" well its still a sale..and we know the state will get they share...as for the response made that ..."these are plants and we dont get 150-400 for dried veggies...needs to be told ..we cant get relief from pain from a dried carrot:rolleyes:...just my thaughts

take care and be safe
 
thanks for posting bud, I appreciate your opinions on the matter.

:peace:
 
Well, most dispensaries were not effected by recreational use being legalized. The rash of dispensaries being closed in Seattle area the last 3 months has been due to the dispensaries being too close to schools.

It was funny how all the dispensary employees and owners were the ones behind the movement against this all passing. Good for them, just ironic.
 
just because a person passes this to buy votes ???? wouldn;t the federal government have to pass it being there above all laws in the states in any jurisdiction. and federal law still says its illegal
 
According to the Supreme Court, a "positive conflict" exists "when it is impossible to comply with both state and federal law." But neither Colorado's Amendment 64 nor Washington's Initiative 502 requires anyone to grow or sell marijuana. One can readily comply with both state and federal law simply by choosing not to go into the cannabis business. Both laws are written so that they merely explain the criteria people must satisfy to avoid prosecution for marijuana offenses under state law. "Notwithstanding any other provision of law," begins the section of Amendment 64 dealing with marijuana growers and sellers, "the following acts are not unlawful and shall not be an offense under Colorado law." I-502 likewise says "the production, possession, delivery, distribution, and sale of marijuana in accordance with the provisions of this act and the rules adopted to implement and enforce it, by a validly licensed marijuana producer, shall not be a criminal or civil offense under Washington state law."

In other words, both laws define what counts as a crime under state law, a power that states indisputably have. "You're not actually creating a positive conflict with the federal [law]," says Alison Holcomb, director of the Yes on I-502 campaign, "because the federal government remains free to enforce federal law within the state, and you're not requiring anybody to perform an act that would require a violation of federal law. You're simply setting out what the rules are for avoiding arrest and prosecution under state law."

Nor does either law compel state employees to violate the Controlled Substances Act by "possessing" marijuana for regulatory purposes. Under I-502, testing of marijuana will be handled by private laboratories. Amendment 64 likewise envisions "marijuana testing facilities" that will be "licensed to analyze and certify the safety and potency of marijuana."

What about collecting tax revenue from marijuana sales? Legally, those provisions could be the most vulnerable aspects of these laws (although it looks like Colorado's pot tax may never take effect). Jonathan Caulkins, a drug policy expert at Carnegie Mellon University, tells Politico, "The argument has been made— and I’ve never heard anybody successfully rebut it—that the federal government can seize the proceeds of any illegal activity. By that logic, it could seize the tax revenues—even from the states." But in Marijuana Legalization: What Everyone Needs to Know, Caulkins and his three co-authors observe that although "it has been argued that the federal government could confiscate such revenues as proceeds of illegal transactions...as far as we know the federal government has not touched a penny of the fees and tax revenues generated from medical marijuana."

Likewise, as Brian Vicente, co-director of the Yes on 64 campaign, notes, the Justice Department has not used a federal pre-emption argument to challenge the licensing of medical marijuana providers by states such as Colorado, Maine, and New Jersey. "If there were a strong federal case to be brought," Vicente says, "I think it already would have happened." Holcomb says she sees the lack of federal litigation so far, despite the adoption of medical marijuana laws by 18 states (including Massachusetts, where voters approved an initiative last week), as "a hopeful sign." Since Colorado and Washington plan to implement their regulations during the next year or so, she says, there should be plenty of time to confer with federal officials and avoid a legal confrontation. "My hope would be that the [Obama] administration would choose to approach this as a policy issue, as a political issue," she says. "It's clear that nationwide public opinion is shifting quickly and dramatically on this issue....It would be more productive for the individual states, for the federal government, and for our neighbors to the north and south if we gave states leeway to try different approaches other than marijuana prohibition."
 
It's a bucket of fat, juicy worms -- but a good thing. Like a nice pile of compost, it just needs to be turned a few times, and it will morph into some fecund, nutritional earth, and we all know how good that can be. The eyes of the government are focused away from my little grow, and that's a good thing as well. We are living in a time of great change -- let it be....

Peace
 
Although my job falls under Fed guidelines, I will always be tested. This is a giant step in the right direction..
Not long till retirement:)
 
all i can say is :woohoo: and maybe a lil :yay:
 
HemperFi said:
It's a bucket of fat, juicy worms -- but a good thing. Like a nice pile of compost, it just needs to be turned a few times, and it will morph into some fecund, nutritional earth, and we all know how good that can be. The eyes of the government are focused away from my little grow, and that's a good thing as well. We are living in a time of great change -- let it be....

Peace

Perf HF, made me lol too :)

Cheers bro'
 

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