Mendocino Medical Marijuana Advisory Board/MMMAB became a dissenting voice within the Heritage Campaign regarding policies and strategies we believe are best suited to further the Cannabis Community’s goals and interests.
We present ideas from a different perspective that we hope will make you a more informed voter.
MMMAB recommended a No vote on AI, the Cannabis Tax Initiative, and Yes on AF, the Mendocino Heritage Initiative, contrary to the Heritage Campaign’s message to vote Yes on Both.
Both couldn’t win in a Winner Take All contest.
The Mendocino County Board of Supervisors' Cannabis Tax Initiative reads as follows:
"VIOLATION DEEMED MISDEMEANOR
Any person violating any of the provisions of this Chapter shall be deemed guilty of a Misdemeanor and shall be punishable therefore."
The BoS has sunk to a new low by creating a new cannabis tax crime, “deeming” “any” violations of the tax code criminal misdemeanors instead of civil infractions with punishments of jail or fines or both.
Having done our research with due diligence, MMMAB has uncovered a trend among neo-prohibitionist public officials around the state, who have added the clause: “any violation is deemed a misdemeanor” to their new cannabis tax measures, as an ingenious way to extend cannabis prohibition in perpetuity via tax law, just when the public's been told it’s ending.
MMMAB sent out a question through CA NORML, asking attorneys if any of them knew of a new cannabis misdemeanor embedded in cannabis tax law.
Attorney Lawrence Rosen responded and confirms that this also happened in Monterrey County which enacted regulations for commercial and personal cannabis cultivation.
“Section 7.95.140 for personal cultivation provides ‘any violation of the regulations is a misdemeanor’. No proof of knowledge, intent or other mental state is required to establish a violation. Similar provisions are included in regulations for commercial grows. A county tax ordinance is on the ballot this November. I believe this also includes provisions making all violations misdemeanors.
“These regulations are recriminalizing actions that the state has decriminalized. The provision for personal grows removes the requirement of mental state and creates a criminal offense that is more onerous than anything in the CA Penal Code or Health & Safety Code. All state and criminal regulations require proof of knowledge and general criminal intent. This is outrageous public policy and I hope we can show it is unconstitutional as well.”
MMMAB supports plaintiffs filing a court challenge to enjoin the new cannabis crime on multiple grounds, so that it never gets off the ground. The misdemeanor bomb in Measure AI’s Cannabis Tax Act is reason in itself to vote No!!
If allowed to go into effect, AI subjects the entire cannabis community to a new misdemeanor crime and the prospect of cultivation recriminalization instead of reasonable regulation. This ruse is designed to trap well meaning growers who want to be legal into a situation they may not realize awaits them with the slightest misstep in complying with the regulatory process, for instance lateness…”any” violation. These are intended consequences.
Help save and protect the family farm, the economic backbone of the cannabis future - support the challenge through attendance at BoS meetings and in the courtroom, dates TBA.
Pebbles Trippet, Paula Deeter, Ralf Laguna, Tom Davenport
Mendocino Medical Marijuana Advisory Board / MMMAB