The State of California and various cities have placed special taxes on marijuana and marijuana distribution establishments. Ultimately, the people who patronize these dispensaries are the ones who pay these taxes. We think that the California Supreme Court established under Mower that medical marijuana should be trated as a pharmaceutical. If that is the case, all of the sales and extraordinary gross business taxes are illegal and cannot be collected. The State Will No Longer Be Able to Tax Sick People For Their Medicine. If the State wants to tax marijuana it can tax recreational users.
1983 is a Federal Code that prohibits unconstitutional or illegal actions by police and other government agents under color of authority. Parts of this provision allow victims to sue the individuals involved in the violation. When police and State attorneys realize they risk personal payouts their behavior will change.
We are working with organizations in various states and counties to have the Health Departments rather than the criminal justice system enforce medical marijuana laws. We are doing this to help the police departments, which have had problems determining the exact meanings of the various regulations.