Legal Cannabis Means Money For Schools And Bridges.

[greenbuddha]

What Happens If Colorado Legalizes Marijuana? Posted by CN Staff on September 20, 2012 at 17:36:55 PT

By Scot Kersgaard, The Colorado Independent

Source: Huffington Post

 

Colorado -- If Amendment 64 passes, it will become almost immediately legal under Colorado law for adults to possess, grow, consume and give away up to an ounce of marijuana. It may take more than a year, however, before adults can purchase marijuana legally in a store.

A poll released in early September by Public Policy Polling shows the amendment continues to lead, currently by a 47-38 margin, with 15 percent still undecided. Passage could enable the state to increase tax revenues by $50 million a year or more while also potentially reducing law enforcement costs.

 

 

If the measure passes, the parts of the amendment related to individual behavior go into effect as soon as the governor signs a proclamation certifying the results of the election, which he is required to do within 30 days.

Sections related to the commercial cultivation and sale of marijuana would take effect incrementally but marijuana would be available for sale legally no sooner than late 2013 or early 2014.

Even if the state moves forward with implementation in a timely fashion, it is anyone’s guess what the federal response–if any–will be. The feds could do nothing, could move to block implementation, or could wait until legal businesses are set up and then move to shut them down, possibly arresting owners and employees in the process.

The amendment requires the Colorado Department of Revenue to adopt regulations governing the licensing of commercial businesses by no later than July 1, 2013. According to the amendment these regulations cannot prohibit marijuana businesses or make their operation “unreasonably impractical.”

Attorney Brian Vicente, co-director of the pro-64 campaign, says that the amendment was written in such a way that the legislature can choose to address the issue, thus providing guidance to the DOR, or can do nothing and leave the crafting of regulations entirely to DOR staff.

“We left it open so that the legislature can be as active as it wants to be or it can leave the matter entirely to DOR,” Vicente told the Colorado Independent.

DOR must begin processing business applications by Oct. 1, 2013. If the DOR fails to meet the deadline, prospective business owners can apply for local business licenses, thus bypassing the state. Local governments must establish their own regulations, also by Oct. 1, 2013. Local governments may also ban marijuana businesses, but need a vote of the people to do so.

Even if a city or county bans marijuana businesses, residents of the area would still be allowed to grow, possess, consume and give away small amounts of marijuana.

While the amendment legalizes private use of marijuana, public use would remain illegal. Patrons at a ball game, for instance, would not be able to go to the smoking area and light a joint. People would not be allowed to sit on a park bench and light up a marijuana pipe. People growing their own could have up to six plants, with no more than three being mature at any given time. Plants would have to be grown in secured areas that are not visible to the public. Even if it exceeds the legal one ounce, growers would be allowed to possess their entire harvest.

Employers would not have to accommodate people who wish to smoke at work and would still be allowed to test for marijuana use and to fire people who test positive. Driving under the influence of marijuana would remain illegal and it would remain illegal to sell or give marijuana to anyone under 21 years old.

Vicente explains that “employers will still have the absolute ability to retain any policies they have about marijuana use. Once it is legal, it is our hope that they will embrace common sense rules regarding the legal use of a legal product on people’s own time.”

Economic Impact

The Blue Book, produced by the Colorado Legislative Council, estimates the fiscal impact that could be expected if the amendment passes. The book says that sales taxes and licensing fees would be expected to be between $5 million and $22 million per year and that the cost to the state would be $1.3 million in the first year and around $700,000 a year after that. The book makes no estimates of local revenues or costs.

The amendment, though, also requires the legislature to enact an excise tax of up to 15 percent through 2017 and at any rate agreed to by the legislature after 2017. This tax would be collected on sales from growers to retailers and marijuana product manufacturing companies. The Blue Book makes no estimate of how much such a tax could generate. The tax would have to be set by the legislature and then voted on by residents of Colorado.

“It is our strong belief that the legislature will pass such a tax as soon as they can,” Vicente said. He and the campaign estimate that the revenue from such a tax could be as much as $24 million to $73 million a year. The amendment stipulates that the first $40 million a year generated by the tax will go to a state fund for the construction of public schools.

Laura Chapin, spokesperson for the anti-64 campaign, said she doubts the state would ever see anywhere near the amount of money talked about by proponents. “How do you tax an industry that cannot use bank accounts?,” she asked, pointing out that federal law prohibits banks from accepting deposits of money earned by selling a substance that will remain illegal under federal law.

Vicente, though, says some medical marijuana businesses in the state actually do have bank accounts. He notes that there has been lots of press about banks not doing business with marijuana dispensaries, but said numerous banks and dispensaries are “quietly doing business together.”

Aaron Smith, executive director of the National Cannabis Industry Association, said Chapin’s argument is “absurd.”

“Many marijuana businesses do have bank accounts, but I guarantee you that even those that don’t, pay their taxes,” he said. “That is simply an absurd statement. They didn’t do their homework,” Smith said.

A study released in August by the Colorado Center on Law and Policy estimates that local governments would generate a combined $14 million a year in the beginning. That study also estimates savings in law enforcement of $12 million a year immediately, increasing to $40 million a year in later years.

While it doesn’t relate directly to Amendment 64, the National Cannabis Industry Association released a study on Sept. 13 that shows tax revenue in Colorado as a result of medical marijuana likely exceeded $10 million in 2011. The study, which looked at only ten Colorado cities, shows that medical marijuana businesses in the cities studied, generated $5.1 million in local tax revenues and nearly $4.5 million in state tax revenues. Business license fees bring in millions more, the study says. In Denver alone, revenue from such fees exceeded $6 million in 2011 alone, according to the study.

Source: Huffington Post (NY)

Author: Scot Kersgaard, The Colorado Independent

Published: September 20, 2012

Copyright: 2012 HuffingtonPost.com, LLC

Contact: scoop@huffingtonpost.com

Website: http://www.huffingtonpost.com/

URL: http://drugsense.org/url/G259txxj

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[Kevin]

Bravo to the forward thinkers in CO. May it pass by a landslide.

 

Money for schools? Wasn't the monies from lottery ticket sales supposed to be going to schools? I think the money lined someone's pockets instead.

 

The bureaucrats just need to leave all the cannabis folks alone.

[solabeirtan]

pipe dreams.

 

School tax is usually added on to your Property Tax assesment . Dont matter if you have kids or if you smoke cannabis.

 

Bridges have had no trouble appearing here and there without any help from Cannabis.

[greenbuddha]

pipe dreams.

 

School tax is usually added on to your Property Tax assesment . Dont matter if you have kids or if you smoke cannabis.

 

Bridges have had no trouble appearing here and there without any help from Cannabis.

 

 

At least the people of Colorado have the guts to try and get it 'legalized'.

 

Far TOO MUCH 'negativity for it to happen here in Michigan, given these kind of opinions.

[LongHairBri]

once they start to suckle that teet there won't be a drop left to fund public services......lotto, hell even bottle returns, were suppose to pay for education and off-set millage increases

 

sounds good to the public when getting things passed, then business as usual

[solabeirtan]

GB you sound like the Govt. When they passed the Gambling/Lottery Laws.

 

Giving away free cheese. Free Chicken with every pot. Bridges, schools and free lunches too.

 

Who's money is it anyway ?$?

 

Anything else you want to promise them.

 

Negativity? Is that anything like compound interest? on interest, on inflation? on your taxes.

[greenbuddha]

GB you sound like the Govt. When they passed the Gambling/Lottery Laws.

 

Giving away free cheese. Free Chicken with every pot. Bridges, schools and free lunches too.

 

Who's money is it anyway ?$?

 

Anything else you want to promise them.

 

Negativity? Is that anything like compound interest? on interest, on inflation? on your taxes.

 

 

NO! The PIPE DREAMS are the ideas that anything will be done to end the laws against 'cannabis' that don't have something to do with involving the government. Whether you or anyone else might, or might NOT like the idea.

 

Do you really believe cannabis will EVER be 'legal' without some input from the government.

 

If you, or anyone else believes otherwise, I think I would have that 'delusion' looked at.

 

Moving on, with or without you. Got better things to do.

[The Digital Nomad]

This could be where a line is draw between legalization and medical use of marijuana.

 

I think NOW you guys are becoming aware that if you ask for legalization - it means the government will take over the production and distribution of marijuana.

Are you happy with legal cigarettes and legal alcohol? Did you like the new tax they put on it lately?

 

And all that money - will never help you or your community - they believe in the trickle down theory remember??

 

What if we fight for Medical use instead? Made the issue about patient access to home grown medicine? We ask for NO government and corporate interference.

 

Be careful what you wish for people - your dream of a convenient access to recreational smokes - is just another business to them.

[cristinew]

look at most of the New medical MJ states no home growing, ,,,, legal pot is better than a Jail cell and less freedoms any day,

[SFC]

Thank You Digital Nomad, your voice is sorely needed. It is high time (no pun intended) that those of us active in the MMJ movement wake up and realize besides the usual threat from LEO we have a much more sinister threat from within the legalization movement. Big money is involved so big money is trying to convince everyone that they are safer than all of us home growers. They are trying to convince the government that they can tax it, they can eliminate all of the dirty homegrown MJ and put up a nice wholesome clean product and image for all to see.

 

We have no choice but to oppose anyone that is out there spouting a "safer' alternative. Their "safer" is the end of our rights to grow our own.

 

Some within our ranks have been fooled into believing they will be the ones to supply dispensaries, right now that may be true but once the dispensaries get their hooks in they will surely say they can do it better, safer and cheaper in a controlled warehouse situation. We have a great law and I for one will do whatever it takes to protect us from them.

[SFC]

This is fresh from MPP. Pay special attention to the last paragraph.

 

WASHINGTON, D.C. — In a press conference this morning, representatives from the Office of National Drug Control Policy (ONDCP) and the Substance Abuse and Mental Health Services Administration (SAMHSA) announced the release of the latest results of the annual National Survey on Drug Use and Health.

 

As is their custom, the federal officials used the event — and the survey itself — as an opportunity to decry the use of marijuana in the United States and focused on perceived risk as a driving factor for increased use.

Marijuana use has slightly increased in the past year, while alcohol use has declined.

“Once again, the federal government is trying to blame attempts to reform our marijuana laws for increases in use, completely ignoring the facts that arresting people for marijuana is obviously not stopping anyone from using it and that education, not arrest, is responsible for decreases in alcohol use over the past year,” said Morgan Fox, communications manager for the Marijuana Policy Project. “If we treat marijuana as a public health issue and stop wasting resources arresting adults for using something that is demonstrably safer than alcohol, we might be able to see the same effects. It is unfortunate that the Obama administration and ONDCP Director Gil Kerlikowske adamantly refuse to consider rational policy alternatives that don’t involve criminal penalties.”

“If we are realistic as a society about the risks of marijuana use compared to other drugs, and about the effectiveness of education and treatment instead of arrest and incarceration, we can do a much better job at decreasing abuse and addiction,“ Fox continued. “Mr. Kerlikowske has consistently stated that we cannot arrest our way out of this problem, so why do we keep trying?”

Other than marijuana, past month drug use has declined nearly across the board, suggesting possible correlations that could include substitution of marijuana for alcohol and harder drugs. Allowing adults to legally use and obtain marijuana in a controlled, taxed, and well-regulated system could be a useful tool in decreasing the health and social costs of using more dangerous drugs.

 

 

 

 

 

 

 

 

Allowing adults to legally use and obtain marijuana in a controlled, taxed, and well-regulated system... The enemy..

[Fat Freddy]

One sure way to attract the feds is to be flashy. The in your face approach of some cannabis related business's raises the hair of the more consecutive folks.

I foresee a license lottery system that grant x number of license's a year. With conditions attached.

Best of luck to Colo

Edited September 24, 2012 by Fat Freddy

[greenbuddha]

Thank You Digital Nomad, your voice is sorely needed. It is high time (no pun intended) that those of us active in the MMJ movement wake up and realize besides the usual threat from LEO we have a much more sinister threat from within the legalization movement. Big money is involved so big money is trying to convince everyone that they are safer than all of us home growers. They are trying to convince the government that they can tax it, they can eliminate all of the dirty homegrown MJ and put up a nice wholesome clean product and image for all to see.

 

We have no choice but to oppose anyone that is out there spouting a "safer' alternative. Their "safer" is the end of our rights to grow our own.

 

Some within our ranks have been fooled into believing they will be the ones to supply dispensaries, right now that may be true but once the dispensaries get their hooks in they will surely say they can do it better, safer and cheaper in a controlled warehouse situation. We have a great law and I for one will do whatever it takes to protect us from them.

 

 

It appears that you're okay with the thousands of people that go to jail every year for the 'recreational use' of cannabis?

 

Just wondering.

[greenbuddha]

Thank You Digital Nomad, your voice is sorely needed. It is high time (no pun intended) that those of us active in the MMJ movement wake up and realize besides the usual threat from LEO we have a much more sinister threat from within the legalization movement. Big money is involved so big money is trying to convince everyone that they are safer than all of us home growers. They are trying to convince the government that they can tax it, they can eliminate all of the dirty homegrown MJ and put up a nice wholesome clean product and image for all to see.

 

We have no choice but to oppose anyone that is out there spouting a "safer' alternative. Their "safer" is the end of our rights to grow our own.

 

Some within our ranks have been fooled into believing they will be the ones to supply dispensaries, right now that may be true but once the dispensaries get their hooks in they will surely say they can do it better, safer and cheaper in a controlled warehouse situation. We have a great law and I for one will do whatever it takes to protect us from them.

 

 

Caregivers that supply patients with MMJ have avoided the 'taxman' up until now.

 

But remember this one, SF, that before the guys in Lansing are done, caregivers and their MMJ will ALSO be taxed.

 

Wait and see. It's coming. You can count on it, right along with all of the other changes in the MMJ laws that are moving through Lansing right now. They just haven't gotten around to it yet.

 

And to not be able to see it coming ... well... some of us just have better eyesight than others I guess.

 

Oh well...

[greenbuddha]

One sure way to attract the feds is to be flashy. The in your face approach of some cannabis related business's raises the hair of the more consecutive folks.

I foresee a license lottery system that grant x number of license's a year. With conditions attached.

Best of luck to Colo

 

100%, Freddy.

 

Always good to see forward thinkers on the site.

The 'taxman' in Lansing just hasn't gotten around to the caregivers yet, but they will.

Oh yah! They will.

[Fat Freddy]

Omg my head hurts, going to take a break. after all I have written some people still don't get it. We are in the 11th hour for patient & cg rights and all you all can think about is

legalization or dispensary issues.....

First off that is going on in Colorado, Second: there is still the prohibition people that will mobilize in opposition within days now. No doubt it will be an interesting election for Colorado. But to sit here and toss this issue about like a couple of kids playing kick the can is not productive, merely another distraction from our issues.

I agree that we can learn what not to do and what to do and how to do it from those examples. But if it is not medical marijuana related it serves little purpose.

Edited September 25, 2012 by Fat Freddy

[greenbuddha]

Omg my head hurts, going to take a break. after all I have written some people still don't get it. We are in the 11th hour for patient & cg rights and all you all can think about is

legalization or dispensary issues.....

First off that is going on in Colorado, Second: there is still the prohibition people that will mobilize in opposition within days now. No doubt it will be an interesting election for Colorado. But to sit here and toss this issue about like a couple of kids playing kick the can is not productive, merely another distraction from our issues.

I agree that we can learn what not to do and what to do and how to do it from those examples. But if it is not medical marijuana related it serves little purpose.

 

Coming soon to a theater near you, with all the thrills and chills you can handle.

 

And yes, there is an election coming up. Let's hope it goes better than the last one.

 

What's happening in Colorado may soon be happening here.

[The Digital Nomad]

It appears that you're okay with the thousands of people that go to jail every year for the 'recreational use' of cannabis?

 

Just wondering.

 

I kind of hate this statement - it is the typical come-back by legalization people - "oh so its ok to jail people for recreational use of marijauana" then next they call you a narc.

 

Maybe consider this - unlike SICK people, people who use recreationally accept the penalties for it. I like to drive at least 10 mph over the speed limit - when I get caught speeding, I pay my ticket - because I KNEW the law. Why should PATIENTS and CAREGIVERS give 2 fu*ks about people who want to get high for fun, knowing that marijuana is not legal. cocaine, heroin, meth - I do not cry for those users - they can chose between a lawful life and not.

A patient NEEDS marijuana to SURVIVE. Take the oxycontin pill - do you have sympathy for the patient who is in great pain and needs it, or do you care about the guy who brought his pill for $30 on the street, so he can party tonight? Patients are FORCED to accept the penalties for marijuana - that is a big difference between two people arrested - a patient who needs it, and the recreational person who could do without.

 

My whole point - stop using the patient/caregiver platform as a stepping stone to legalization, we want to be respected a patients using for medical use.

[greenbuddha]

I kind of hate this statement - it is the typical come-back by legalization people - "oh so its ok to jail people for recreational use of marijauana" then next they call you a narc.

 

Maybe consider this - unlike SICK people, people who use recreationally accept the penalties for it. I like to drive at least 10 mph over the speed limit - when I get caught speeding, I pay my ticket - because I KNEW the law. Why should PATIENTS and CAREGIVERS give 2 fu*ks about people who want to get high for fun, knowing that marijuana is not legal. cocaine, heroin, meth - I do not cry for those users - they can chose between a lawful life and not.

A patient NEEDS marijuana to SURVIVE. Take the oxycontin pill - do you have sympathy for the patient who is in great pain and needs it, or do you care about the guy who brought his pill for $30 on the street, so he can party tonight? Patients are FORCED to accept the penalties for marijuana - that is a big difference between two people arrested - a patient who needs it, and the recreational person who could do without.

 

My whole point - stop using the patient/caregiver platform as a stepping stone to legalization, we want to be respected a patients using for medical use.

 

 

HMMM???

 

Has someone told you that your rights as a MMJ patient or caregiver would be taken away if cannabis were legalized?

 

Given your comments, can we assume you are against legalization of cannabis.

 

And don't forget this Nomad, that without the 'recreational users' vote, you would NOT have your MMJ rights.

 

But you can keep right on slamming 'legalization' if you choose to. But you may not be able to rely upon the 'legalization' crowds support AGAIN or their votes if your MMJ rights are taken away from you by the folks in Lansing.

 

Might want to keep that idea in mind, Nomad.

 

But I, and many others believe that the 'legalization' of cannabis will move forward with or WITHOUT your support.

 

Have a nice day.

[cristinew]

Hey anyone can grow your own in Colorado if this passes ,, what do you people see wrong in that?? crazy

[cristinew]

And don't forget this Nomad, that without the 'recreational users' vote, you would NOT have your MMJ rights.

 

 

AMEN

[cristinew]

I like how he compares speeding to breaking the law OK ... What about federal law that you are breaking DM? now take that and go to your federal prison you done the crime now do the time,,

[Mememe]

Nontaxable in MI

Edited September 25, 2012 by Mememe

[greenbuddha]

Nontaxable in MI

 

The statements made in the letter you've attached, are based upon the 'premiss' that NO profits were made from those sales of MMJ.

 

If 'profits' ARE made from those sales, that 'profit' is most CERTAINLY TAXABLE.

 

AND the 'sale' of MMJ is STILL illegal under federal law, whether it's 'taxable' or not, and ANY money gotten from the sale of cannabis in ANY form is still illigal AT the federal level.

[greenbuddha]

Hey anyone can grow your own in Colorado if this passes ,, what do you people see wrong in that?? crazy

 

Very true.

 

I suspect there is a 'profit motive' underlying many people's statements that are against the legalization of cannabis.

 

But they continue to attack the legalization groups as being greedy and self serving.

 

They forget that ANY PROFITS made from ANY exchange for MMJ is TAXABLE.

 

The MMJ law as voted in meant NO PROFITS were suppopsed to be made from MMJ.

 

Let's hope all these people that are going after the 'legalization' crowd understand that.