News » The Kubby ‘Tax Cannabis Like Alcohol’ Lie





by Letitia Pepper, California MMJ Activist

I just received an e-mail from a long-time medical marijuana activist — the distinction between medical and non-medical activists is, sadly, seeming to become a critical distinction — that he had received from Judge Grey. Judge Grey supported Prop. 19, and it appears he is also supporting the Kubby “Tax Cannabis Like Alcohol” initiative.

The Kubby initiative is another Prop. 19-like “Trojan Horse,” written to try to trick voters into thinking it will not affect medicinal users’ rights.

I am not going to take a moment at present to explain why I, a mere attorney, actually have a better grasp of legislative analysis than do most judges. However, I do, and I will explain why at a later date if need be when the pro-Kubby forces start to attack ME instead of explaining away the problems with their initiative.

Right now I want to get down to the the important thing, the language of the initiative.

The text of the initiative appears in full below; read it if you want after I point out its flaw.

Just like in Prop. 19, is designed to fool the average reader into thinking that now the Kubby initiative won’t affect medical marijuana patients.

By the way, I’ve already tried to work with the people pushing this initiative, because it would be possible to add language to fix it. But they clearly do not WANT to fix it — the reason why appears below. So please, share this info with your friends and tell them they should NOT help circulate this thing for signatures! Or sign it! or vote for it!

Here is that language, and here’s why it doesn’t work.

“(d) The people of the State of California hereby declare that this Act also expressly does not repeal, modify or change any present laws or regulations pertaining to medical marijuana statutes as set forth in California Proposition 215 and its progeny, except where required technically to conform to this Act.”

First problem. The phrase “set forth in California Proposition 215 and its progeny” is itself ambiguous. What are “its progeny”? Do they include not only laws (S.B. 420) and regulations (2008 A.G. Guidelines), but also court cases, like the People v. Kelly decision? This is a very important ambiguity, since Kelly struck down the limit on amounts. And because Kelly was not the only good opinion interpreting the “laws and regulations” progeny. But it really doesn’t matter, because the REAL problem is the second problem.

Second problem, and this is independent of the first problem. The phrase “except where required technically to conform to this Act” means that the Kubby Initiative WILL change all the good, 215-based laws. Here’s what this sentence means:

First, think about it. It says, simply, this Act is not going to change these other laws — except.. Try this with some other sentences: “I WILL marry you, except . . . ” “I WILL stop drinking, except..” “I WON’T vote for any new taxes, except..” get it?

So, what the language that Kubby has inserted here actually means is this:

“This Act also expressly DOES allow the repeal, modification or change of any present laws or regulations pertaining to medical marijuana statutes as set forth in California Proposition 215 and its progeny, when required to make them (them being “the present laws or regulations pertaining to medical marijuana statutes as set forth in California Proposition 215 and its progeny”) conform to this Act.”

Get it?

The Kubby Act, if it passes, will be the controlling law to which the older laws — Prop. 215 and “its progeny” must conform. And it they do not conform to the Kubby Act — THEY, not it, are repealed, modified and/or changed.

It’s that simple. And Kubby and friends are simply evil for, once more, trying to trick the voters.

It’s clear that Mr. Kubby — and whoever else is really behind this — DOES intend to change Prop. 215 if they can get this abomination enacted.

Why? Because big businesses are not going to make money off cannabis while individual people can grow it and share it collectively.

Tags: California, cannabis, kubby initiative, medical, MMJ, tax