cannabisnews.com: Medical Marijuana Sales Tax May End





Medical Marijuana Sales Tax May End
Posted by CN Staff on January 19, 2008 at 13:27:39 PT
By Rob Burgess, The Daily Journal
Source: Ukiah Daily Journal 
California -- Medical marijuana dispensaries in California, including the two that currently operate in Mendocino County, may soon be exempt from state sales tax, said a representative from the California State Board of Equalization.The regulations will soon reflect the change that when marijuana is prescribed by a physician it is determined to be a medicine, said Sarah, the representative, who refused to reveal her surname.
In order to be exempt from sales tax, the business must conform to Regulation 1591, which states in part that the item must qualify as a medicine, said the representative."Regulation 1591 defines a medicine, in part, as any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment, or prevention of disease and which is commonly recognized as a substance or preparation intended for that use," stated a special notice released by the board titled "Information on Sales Tax and Registration for Medical Marijuana Sellers."The change will be a reversal from the board's previous position.In February 2007, the board sent out a notice to dispensaries, urging them to obtain a seller's permit like any other retailer.There are currently two dispensaries operating in the county: Herban Legend in Fort Bragg and Reflections of Avalon in Ukiah, which opened last month on South State Street just outside of city limits.A third dispensary, Mendo Remedies in Laytonville, was open until last month, when it closed its doors for good.Paula Deeter is the owner of Herban Legend in Fort Bragg. Deeter said she has always adhered to federal tax laws."I wish they would make up their minds," she said. "We were unclear at first if it was a taxable item. We've always paid federal income tax."On April 20, 1996, the U.S. Food and Drug Administration drafted a news release that declared that smoked marijuana had no medicinal value."A growing number of states have passed voter referenda (or legislative actions) making smoked marijuana available for a variety of medical conditions upon a doctor's recommendation," the memo stated. "These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process."Source: Ukiah Daily Journal (CA)Author: Rob Burgess, The Daily JournalPublished: January 19, 2008Copyright: 2008 Ukiah Daily JournalContact: udjrb pacific.netWebsite: http://www.ukiahdailyjournal.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #22 posted by FoM on January 31, 2008 at 13:33:23 PT
Related Article from The Ukiah Daily Journal 
Medical Pot, Tax To Remain***January 31, 2008The sales tax applied to medical marijuana dispensaries throughout California will continue, contrary to previous reports, according to Betty Yee, chairwoman and 1st District member of the California Board of Equalization.In the original article that appeared Jan. 19 in The Ukiah Daily Journal, a representative from the California State Board of Equalization who gave only her first name, Sarah, was quoted as saying the sales tax that dispensaries are currently subject to would soon change."It was a mistake on our end," said Yee.Yee said to be considered for exemption from state sales tax, a drug must pass a series of three tests."The first is that it has to be dispensed by commonly known to be available to use for treatment of a disease or ailment," she said. "This traditionally means it has to be approved by FDA, but not always. The second is that it has to be prescribed by a physician. The third part is that it has to be dispensed by a licensed pharmacist. This last one is where we've run into some debate."Yee said she had no knowledge of any licensed physicians in the state who distribute medical marijuana. She said this first criteria can be met without the blessing of the FDA, which smoked marijuana does not currently enjoy.On April 20, 2006, the U.S. Food and Drug Administration drafted a news release that declared smoked marijuana had no medicinal value."A growing number of states have passed voter referenda (or legislative actions) making smoked marijuana available for a variety of medical conditions upon a doctor's recommendation," the memo stated. "These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process."There are currently two dispensaries operating in the county: Herban Legend in Fort Bragg and Reflections of Avalon in Ukiah, which opened last month on South State Street just outside city limits. A third dispensary, Mendo Remedies in Laytonville, was open until last month, when it closed its doors for good.Yee said dispensaries are not currently required to list themselves as such to avoid self-incrimination and that only as a result of DEA raids on larger dispensaries are they able to ascertain any specific estimates related to medical marijuana-specific sales tax figures."What we did in 2005 when they first were supposed to apply for a sellers permit is that we allowed them not to disclose the salable activity," she said. "We only know that there is probably around $400,000 to $500,000 in yearly sales tax revenue from the larger dispensaries because they've been raided."Copyright: 2008 Ukiah Daily Journalhttp://www.ukiahdailyjournal.com/ci_8130115
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Comment #21 posted by FoM on January 21, 2008 at 06:56:31 PT
John Tyler 
I don't want the Clintons because I don't want two Clintons acting as President but what can I say. It's up to all the voters not just my hopes for change.
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Comment #20 posted by John Tyler on January 21, 2008 at 06:50:21 PT
Hillary
You could be right about Hillary being in the White House, but Iím tired of a Clinton or a Bush being president again. I wish she had a different last name. 
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Comment #19 posted by FoM on January 21, 2008 at 06:35:06 PT
John Tyler 
I hope so too.
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Comment #18 posted by John Tyler on January 21, 2008 at 06:32:34 PT
Obama II
I would like to think that Obama is somehow on our side of this issue and is trying to deflect his opponentís criticism by saying some of the things he says. I guess we will have to wait and see how this campaign settles out.
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Comment #17 posted by FoM on January 21, 2008 at 06:19:37 PT
OverwhelmSam
You're probably right.
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Comment #16 posted by OverwhelmSam on January 21, 2008 at 06:16:28 PT
Clinton's Next
Hillary Clinton will be the next President of the United States. I believe she said she would stop the DEA raids on the sick. Good, maybe we can get a medical marijuana law in Texas. I'm sick, I'm sick of a government that arrests adults for using pot.
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Comment #15 posted by afterburner on January 21, 2008 at 00:36:41 PT
Prince of Pot - CBC Video
Prince of Pot.
Jan 20, 2008
http://www.cbc.ca/sunday/2008/01/012008_1.html
Comments (368)
 
Vancouver's Marc Emery is the self-proclaimed worldwide leader of marijuana culture. Will Canada hand him over to the U.S. on drug trafficking charges, even though Canadian authorities practically ignored his activities and taxed his profits from selling marijuana seeds?
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Comment #14 posted by The GCW on January 20, 2008 at 17:24:54 PT
About Obama; hewouldn'tdarespeakaboutthedrug...
There comes a point, when, if He gets behind in the points... He does the right thing; HE DARES TO SPEAK THE TRUTH.If He is worthy He must speak the truth. If He gets cornered and doesn't fight, He's a lost'er.That doesn't make the betty better, it makes Obama the lesser.It's getin' to be boxin' gloves time.Clinton is ruthless; fight or get rolled over.I think America wants to see some scrapin' and would welcome Obama lettin' Clinton have it. If they don't see a fight, then they're goin' to see a theft.
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Comment #13 posted by ekim on January 20, 2008 at 14:26:54 PT
good peice on Canada MMJ
Latest Blog EntriesMarc Emery gets Ten years - to serve Five, and much more!
Alison Myrden - Saturday, January 19
Itís been an amazing roller coaster of a week for us anti-prohibitionists, so much so that I havenít even had time for my Blog! My head is still spinning. For once itís not from the plethora of pills I take to control MS symptoms, including violent pain, but from two huge events. Three ...
http://www.leap.cc/
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Comment #12 posted by FoM on January 20, 2008 at 08:45:36 PT
John Tyler
On his web site he has commented on drug issues. It's under civil rights.
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Comment #11 posted by John Tyler on January 20, 2008 at 08:35:35 PT
Re Obama
It would seem that to be a serious presidential contender, you have to get in synch with the senseless, failed, devastating Drug War party line or you are out, whether you believe it or not.   
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Comment #10 posted by FoM on January 20, 2008 at 05:29:03 PT
Toker00
You should e-mail him if you miss him. I'm sure he will answer.
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Comment #9 posted by Toker00 on January 20, 2008 at 05:07:37 PT
Missing Mayan. OT Links for the Curious...
http://www.youtube.com/watch?v=Xe7yf9GJUfU&eurl=http://informeddissent.com/ Richard Dawkins-The God Dillusion Part 1http://www.youtube.com/watch?v=qR_z85O0P2M&eurl=http://informeddissent.com/ Richard Dawkins-The God Dillusion Part 2http://www.theshellgame.net/excerpt.htm Excerpt from The Shell GameTHE SHELL GAME: A Personal Message from the Author to 9/11 TRUTH and all PROGRESSIVE GROUPS:The SHELL GAME is neither standard fiction nor non-fiction, it was written as a cautionary tale, backed by disturbing facts and inconvenient truths that are used to project an all-too-real scenario down the path we have been lulled into taking. Two long years of research went into the project, key bits of information provided to me along the way by concerned fans of mine in the military, the oil industry, the political arena, and by individuals who simply have suffered far too much. Some of the things they told me have given me nightmares, and in fact, this entire project has taxed my nerves to the point of permanent damage. (Four months before the publication of the book, I was diagnosed with Parkinsonís Disease.)When the monsters in the story are our own elected officials who committed treason, then the horror becomes a little too real.http://www.prisonplanet.com/articles/january2008/200108Celebrates.htm Ron Paul Second Place in Nevada.Toke.
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Comment #8 posted by FoM on January 19, 2008 at 22:07:33 PT
fight_4_freedom 
We're calling it a day but Tom Petty was on before Coldplay on my tv and we watched it too. It was good.As far as Obama goes he wouldn't dare speak about the drug war now or the Clinton's would spin it the way they do. 
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Comment #7 posted by fight_4_freedom on January 19, 2008 at 21:41:29 PT:
Now I'm watching Tom Petty
and he just performed a song with Stevie Nicks from Fleetwood Mac who was my Dad's absolute favorite. I've been to 2 concerts of theirs already and I'd say it was the best band I've ever watched live(fleetwood mac that is). I'd see them again in a heartbeat.
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Comment #6 posted by fight_4_freedom on January 19, 2008 at 21:37:46 PT:
I love them!
I'm glad you like them FoM! I hadn't really ever watched a concert of theirs besides what I've watched on youtube. I'm definitely going to try to see them next time they come around. I just love their sound. Very unique.
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Comment #5 posted by fight_4_freedom on January 19, 2008 at 21:34:26 PT:
Step up, Barack - By Bill Steigerwald
TRIBUNE-REVIEW
Sunday, January 20, 2008Too bad young Barack Obama wasn't as deeply into the drug trade as the Clintons' smear artists would like America's Democrat voters to believe.Too bad he hadn't been a serious teenage drug dealer on the mean middle-class streets of Honolulu, where he was raised by his grandparents and attended an elite high school.Better yet, too bad Obama hadn't been arrested for selling pot or possessing cocaine as a teenager but had still grown up to be what he is today -- a political rock star just one Clinton away from becoming America's second black president.If Obama had suffered serious legal pain for his youthful dalliance in illegal drugs -- as hundreds of thousands of Americans do every year -- he might not be the hardened drug warrior he is today. Obama has gotten props for being the first electable presidential candidate to fess up to his youthful interest in illegal drugs without pretending he didn't enjoy the experience."When I was a kid, I inhaled frequently -- that was the point," Obama can be seen admitting on YouTube. More famously, in his 1995 bestseller "Dreams from My Father," he said he used marijuana and cocaine as a teen but never heroin.Obama's candor is refreshing in the morally challenged land of big-time politics, where invertebrates, hypocrites and liars rule. But when it comes to the mindless prosecution of the war on (some) drugs, he's as spineless as the next politician.Though he's way too smart, sophisticated and street-wise to be unaware of the arguments against drug prohibition, he's made nary a public peep about what the drug war has done to our liberties and wallets.Nor has he railed about the decades of socioeconomic damage it's done to black communities. Nor about the young black males who've died in disproportionately high numbers in shootouts over drug turf.No one expects Obama to wreck his White House chances by challenging the puritanical premises behind the drug war. But except for methamphetamine, which is ravaging many (white) communities in Illinois, Sen. Obama virtually ignores the issue of illegal drugs.A search for the word "marijuana" on his official Web site, obama.senate.gov (which archives his Senate speeches), brings not one hit. Ditto for "cocaine." "Heroin" comes up three times -- in connection with Afghanistan and Burma.Obama is not even in favor of legalizing medical marijuana. And he was the last potential president to promise he'd call off federal drug raids on medical marijuana clinics.If his past is vetted by the media the way the Clintonistas are praying it will be, Obama's drug experiences may turn out to be not as innocent as he's portrayed. But for now it seems that -- like umpteen millions of his fellow law-breaking Americans -- he did his pot and coke and didn't get caught.Too bad. If his life had been spoiled even a little by the evil drug war, he might have more sympathy for the 1.6 million Americans who get busted each year for nonviolent drug offenses.Then, instead of merely being the most charismatic of three indistinguishable liberals competing to see who can use Big Government to "change" America the most, he could become a real American political hero -- by using his famed oratorical skills to end America's most senseless war.Bill Steigerwald is the Tribune-Review's associate editor. He can be reached at bsteigerwald tribweb.com or 412-320-7983.
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Comment #4 posted by FoM on January 19, 2008 at 21:30:01 PT
fight_4_freedom 
We're watching Coldplay now too. It's very good.
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Comment #3 posted by fight_4_freedom on January 19, 2008 at 21:20:26 PT:
Some tunes for a Saturday Night
Anybody here like Coldplay? I've been watching one of their concerts on PBS so I figured I'd share some of it with you.This first song is called "In The Sun". It features the lead singer from R.E.M. Tonight was the first time I had ever heard it. It's really good.
http://www.youtube.com/watch?v=9I1AUqjUbDoAnd here's 3 of my other favorites 
http://www.youtube.com/watch?v=DHrzj9DL1-I "Clocks"http://www.youtube.com/watch?v=usuc4FVDxGA "Yellow" was the first big hit they had.http://www.youtube.com/watch?v=d8qfhtLi-JI "Fix You" is the latest hit. Seriously all worth watching. 
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Comment #2 posted by FoM on January 19, 2008 at 18:26:44 PT
whig
Yes it would be nice.
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Comment #1 posted by whig on January 19, 2008 at 17:23:12 PT
This would be nice
Many patients have been saving their receipts. Medicine shouldn't be taxed.
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