STOP AUMA – the Adult Use of Marijuana Act

AUMA is a false legalization initiative, developed by law enforcement and the league of cities to destroy this industry one and for all.

Read the full law here.

Flaws/Issues with the AUMA
(the Adult Use of Marijuana Act, Initiative # 15-0103, aka: the Sean Parker Initiative)

  • Local Inconsistency, Fractured Regulations
    1. Cities and Counties can “completely prohibit” ANY type of marijuana business without asking the voters of the city or county – 26200(a)
    2. Every city can have different “standards, requirements, and regulations” – 26201
    3. Cities and Counties can ban “delivery” business altogether – 26200(a) and/or
      ban “delivery” from licensed businesses outside the city or county – 26090(c)
  • Regulations that make no sense:
    1. 6 months in Jail if you:
      • Give away, offer to give away, transport, offer to transport, or attempt to transport more than 28.5 grams of weed / 4 grams of concentrate – 11360(a)(2)
      • Plant, cultivate, harvest, dry, or process more than 6 living marijuana plants on one piece of property- 11360(a)(2)
      • 2-4 years in Jail if you do any of the above “two or more” times – 11360(a)(3)
    2. No Business partners or Licensed Brands from out of state until 2019 – 26054.1(a) & (b)
      • “No licensing authority shall issue or renew a license to any person that cannot demonstrate continuous California residency from or before January 1, 2015. In the case of an applicant or licensee that is an entity, the entity shall not be considered a resident if any person controlling the entity cannot demonstrate continuous California residency from and before January 1, 2015.
    3. Edible dosage is not to exceed 10 milligrams “per serving” – 26130(a)(2)
    4. No product samples / freebies – 26153
      • “No licensee shall give away any amount of marijuana or marijuana products, or any marijuana accessories, as part of a business promotion or other commercial activity.”
  • Taxed to death – Part 14.5. Marijuana Tax
    1. Taxed by State BOE – 9.25% sales tax, plus 15% marijuana tax – 34011(a)
    2. Taxed by weight $148 per lb for Flowers – 34012(a)(1), $44 per lb for Leaf – 34012(a)(2)
    3. The state has freedom to add more taxes
      • 34012(c) – The board may from time to time establish other categories of harvested marijuana, categories for unprocessed or frozen marijuana or immature plants, or marijuana that is shipped directly to manufacturers…
    4. For a $500 pound of flowers the growers tax would be $148 or 29.6%
      • The total tax would be: 29.6% (grower) +  9.25% (state BOE) + 15% (retail) + 10% (or more local)= 85% tax on Flowers
    5. For a $100 pound of leaf the growers tax would be $44 or 44%.
      • The total tax would be:44% (grower) + 9.25% (state BOE) + 15% (retail) + 10% (or more local) = 25% tax on Leaf
  • You cannot sell marijuana until “federal law” says it’s “ok to sell marijuana”!
    1. SECTION 11. CONSTRUCTION AND INTERPRETATION.
      • “… provided, however, no provision or provisions of this Act shall be interpreted or construed in a manner to create a positive conflict with federal law, including the federal Controlled Substances Act, such that the provision or provisions of this Act and federal law cannot consistently stand together.”
  • AUMA VIOLATES THE SINGLE SUBJECT RULE
    1. Article 2, section 8(d) of the California Constitution provides “An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.”
      • The industrial production of a food and fiber crop (Hemp) is a different subject than the recreational use of a drug (the Adult use of Marijuana). AUMA covers both subjects. This has been one of the arguments used against CCHI over the years. Cannabis users want them to be the same thing, but in the eyes of the law, they are two separate subjects. With this type of lawsuit, the entire initiative will be invalid. This lawsuit can even be filed at any time, even after it makes the ballot and the voters approved it during the election. Regardless of if AUMA collects all their signatures, and makes it to the ballot, it is doomed to fail.