Pubdate: Sun, 21 Jun 2015
Source: Sacramento Bee (CA)
Copyright: 2015 The Sacramento Bee
Contact: http://mapinc.org/url/0n4cG7L1
Website: http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Author: George Runner
Note: George Runner represents more than 9 million Californians as a 
taxpayer advocate and elected member of the State Board of Equalization.

TIME TO REGULATE MEDICAL MARIJUANA

As a lifelong conservative, I'm no fan of government regulation. Even 
so, I'm convinced it's time for California to aggressively regulate 
the medical marijuana industry.

I've spoken with concerned citizens, local government officials, 
rural law enforcement officers, federal officials, anti-drug 
crusaders and medical marijuana industry insiders.

George Runner | courtesy candidate courtesy candidate

I visited the Emerald Triangle with fellow Board of Equalization 
member Fiona Ma. Our April tour showed how we can work with the 
industry to generate greater voluntary compliance with California law.

The current cash-based system is dangerous. Crime, corruption and tax 
evasion are far too common. Murder and armed robbery rates in 
California's rural counties have skyrocketed as the cannabis industry 
has grown. The FBI and U.S. attorney are investigating and 
prosecuting local law enforcement officials at staggering rates for 
taking cash bribes.

These problems stem in part from ongoing conflict between state and 
federal laws. Nearly 19 years ago California voters approved 
Proposition 215, making medical marijuana legal under state law, even 
while it remained illegal under federal law.

Cannabis has become readily available to the seriously ill  and 
anyone who has an hour to visit a "doctor" to get a recommendation 
and a "215 card." Freeway billboards advertise local dispensaries, 
while apps provide for doorstep delivery. During this time, federal 
raids and prosecutions have waxed and waned depending on the 
political climate in Washington, D.C.

There's no state regulation, just a patchwork of local rules. True, 
the California Department of Public Health runs a voluntary 
identification card program for patients and caregivers, but it has 
no jurisdiction over retail dispensaries or the production industry.

A better structure would be what Californians voted for in 1996. 
Proposition 215 sought to "encourage the federal and state 
governments to implement a plan to provide for the safe and 
affordable distribution of marijuana to all patients in medical need 
of marijuana."

State rules would help law enforcement distinguish the good actors 
from the bad, leading to improved public safety. Rules would help 
stem the tide of rural murders, armed robberies and public 
corruption, allowing for a more effective use of limited law 
enforcement dollars. Local governments would be able to better 
respond to complaints related to cannabis grown and sold in their communities.

One irony of the status quo is that tax evasion deprives governments 
of the funds it needs to enforce laws already on the books.

As an elected tax official, it's my job to ensure the collection of 
taxes owed the state. Cash-based businesses are very difficult for 
the Board of Equalization to audit, especially when we can't get 
records of their wholesale transactions. It's also a safety risk to 
have dispensaries pay their taxes by carrying duffel bags into state 
offices with hundreds of thousands of dollars in cash.

A new Board of Equalization effort, the Cannabis Compliance Pilot 
Project, aims to determine the scope of noncompliance and develop 
strategies to address compliance barriers. A report is due in November.

We won't solve this problem on our own.

The good news is state lawmakers appear ready to do their part. A 
recent bipartisan vote for Assembly Bill 266 is a sign that lawmakers 
see the need for a regulatory structure.

The federal government must also act. Under current federal law, it's 
nearly impossible for those in the medical marijuana industry to have 
bank accounts.

Many conservatives fear that regulating the medical marijuana 
industry will pave the way for full legalization of recreational 
marijuana  I disagree. One can oppose recreational marijuana, as I 
do, while recognizing the reality of the current situation. To 
improve public safety and tax compliance, we need greater state 
structure and oversight.
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MAP posted-by: Jay Bergstrom