Q: What’s next for San Jose Medical Cannabis?
A: The City of San Jose is trying to put in place a 10% SALES TAX in addition to the states 9.25% sales tax.. Taxing medication in SJ at 19.25%!
With a survey of less then 800 “likely voters,” of which over 50% were over 45-White/Caucasians, and 80% lived in single family homes, the city of San Jose has come to the conclusion that a 10% sales tax for medical cannabis is appropriate. The survey they used is both confusing and misleading. This is another attempt by the powers at be to chase medical cannabis out of San Jose. A 19.25% tax would drive medical patients back to the streets, where no tax is charged, or out of town for their medication
{ 2 comments… read them below or add one }
Taxing medicine is unconscionable. And so is maintaining the black market price of Cannabis through its prohibition.
As soon as it becomes legal for adult use THEN it will be appropriate to tax it, substantially; but with a specific TAX EXEMPTION for physician-certificated patients.
OTOH, I will be happy to pay a 20% tax on medical-grade Cannabis at my local convenience store, as soon as it becomes available there– at $40 an ounce [Rand].
http://vote96.sos.ca.gov/bp/215analysis.htm
Analysis of Proposition 215
by the Legislative Analyst
BACKGROUND
Under current state law, it is a crime to grow or possess marijuana, regardless of whether the marijuana is used to ease pain or other symptoms associated with illness. Criminal penalties vary, depending on the amount of marijuana involved. It is also a crime to transport, import into the state, sell, or give away marijuana.
Licensed physicians and certain other health care providers routinely prescribe drugs for medical purposes, including relieving pain and easing symptoms accompanying illness. These drugs are dispensed by pharmacists. Both the physician and pharmacist are required to keep written records of the prescriptions.
PROPOSAL
This measure amends state law to allow persons to grow or possess marijuana for medical use when recommended by a physician. The measure provides for the use of marijuana when a physician has determined that the person’s health would benefit from its use in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or ”any other illness for which marijuana provides relief.” The physician’s recommendation may be oral or written. No prescriptions or other record-keeping is required by the measure.
The measure also allows caregivers to grow and possess marijuana for a person for whom the marijuana is recommended. The measure states that no physician shall be punished for having recommended marijuana for medical purposes. Furthermore, the measure specifies that it is not intended to overrule any law that prohibits the use of marijuana for nonmedical purposes.
FISCAL EFFECT
Because the measure specifies that growing and possessing marijuana is restricted to medical uses when recommended by a physician, and does not change other legal prohibitions on marijuana, this measure would probably have no significant state or local fiscal effect.
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When we passed 215 it was done with the understanding that our medicine would NOT be taxed.