Does Cannabis Prevent COVID Infection?

 
In news that was widely reported and joked about by Stephen Colbert and Jimmy Kimmel, a preliminary study from Oregon State University found that cannabinoids in raw cannabis (CBGA, THCA, and CBDA) have strong affinities for binding to the SARS-CoV-2 spike protein. Researchers used affinity selection–mass spectrometry (AS-MS), which “involves incubating a therapeutically important receptor like the SARS-CoV-2 spike protein with a mixture of possible ligands such as a botanical extract,” then separating the possible active compounds using magnetic microbead affinity selection screening (MagMASS).
Upon further study, CBDA and CBGA “were confirmed to block infection of human epithelial cells by a pseudovirus expressing the spike protein,” researchers wrote. “More importantly, both CBDA and CBGA block infection of the original live SARS-CoV-2 virus and variants of concern.”
This study doesn’t mean that cannabis users are protected against the virus. The cannabinoids Δ9-THC, Δ8-THC, CBD, etc. “showed only weak or no binding” in the study. These decarboxylated, active compounds are what are ingested when smoking a joint or eating an edible.
Most commercially available cannabis contains very little CBDA or CBGA, and in any case this is a preliminary, preclinical study that isn’t necessarily translatable into what would happen in the human body. Animal and human studies would be necessary to prove that.
Why wasn’t THCA also studied more thoroughly, despite its affinity for the spike protein? The study’s lead author Dr. Richard van Breemen wrote to Cal NORML, “Because THCA-A can be easily converted to THC, which is a controlled substance, THCA-A is also controlled. Sufficient quantities of THCA-A for cell culture evaluation were not available without a special license. Therefore, we tested only CBDA and CBGA.”
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/background/caloriginsmjproh.pdf

 
Please follow this link.
 
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New Cannabis Laws in California for 2022

Several new cannabis laws are now in effect in California for 2022.
SB-311 (Hueso), aka “Ryan’s Law,” which requires certain hospitals and healthcare facilities to allow terminal patients to use medical cannabis, took effect on January 1, 2022. The law prohibits smoking or vaping cannabis, but does allow for the use of edibles, beverages, topicals, tinctures and capsules for patients with a doctor’s recommendation to use cannabis.
Our sister organization, Americans for Safe Access, has produced a guide to Ryan’s Law for patients and providers, and a form to log complaints. Cal NORML would also like to hear about healthcare facilities that are not following the law; write here.
Other laws that take effect in California this year:
• AB-45 (Aguiar-Curry) allowing for hemp-derived CBD products to be included in foods, beverages, and cosmetics has passed with last-minute amendments that removed a hemp cigarette ban only once they are taxed. Cal NORML is now advocating for a minimal tax on hemp cigarettes. The Department of Cannabis Control has a July 1 deadline to issue a report on how to allow for cannabis products to be sold in licensed cannabis shops.
• AB 1222 (Chen) authorizes cannabis beverages to be packaged in glass containers that are clear or any color.
• SB 544 (Laird) requires the Department of Cannabis Control, on or before January 1, 2023, to establish one or more standardized cannabinoids test methods to be used by all testing laboratories.
• SB-73 (Wiener) extends eligibility for probation to certain drug crimes, including some cannabis offenses.
• AB 1138 (Blanca Rubio) creates $30K fines for people engaging in commercial cannabis activity without a license.
Read more. 
 
Please donate to Cal NORML to support our advocacy work in 2022, or join as an individual or business member:

Individual Membership
Business Membership with Listing

Cal NORML PRIORITIES FOR 2022

Pass employment rights legislation to forbid pre-employment drug testing for marijuana using urine and hair tests.
Reduce cannabis taxation, including eliminating the cannabis cultivation tax.
Protect right to smoke and vape cannabis at home and expand venues for public consumption.
Expand number of legal cannabis businesses by ending local licensing bans
Protect medical access, prevent discrimination against Prop 215 patients, and lower taxes on medical products.
Continue to back federal legalization bills.
Publish 2022 election guide to candidates for office in California.

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Newsom Pledges to Work for Cannabis Tax Reform in State Budget Proposal

Gov. Newsom has released an ambitious preliminary 2022-2023 budget proposal with billions of dollars for education, behavioral and mental health, housing, climate change response, business development and other projects.
The budget proposal states:
The Administration intends to further develop a grant program this spring that will aid local governments in, at a minimum, opening up legal retail access to consumers. Further, the Administration supports cannabis tax reform and plans to work with the Legislature to make modifications to California’s cannabis tax policy to help stabilize the market; better support California’s small licensed operators; and strengthen compliance with state law.
Asked for specifics on these statements at a press conference today announcing the proposal, Newsom responded, “We’ve plugged in budget components on the basis of an estimate in January of $787 million, so any reforms need to consider the impacts to those categories of funding and investments, how that gets offset, and we augment that support. It should consider different components of the industry, and reformers have been offered a plug-in, and so I’ll just leave it at that except to say there was intention by having that language in the budget.”
He added, “It is my goal to look at tax policy to stabilize markets; at the same time, it’s also my goal to get these municipalities to wake up to the opportunities to get rid of the illegal market and the illicit market and provide support and a regulatory framework for the legal market….we have a lot of work to do in this space and this year I’m looking forward to working directly with the legislature on reforms.”
Also mentioned was a “Keeping Our Streets Safe” campaign enlisting the CHP and AG to assist mayors with enforcing against organized “smash and grab” thieves, which have been targeting cannabis businesses, and others.
The Governor said in general he anticipates major changes between this proposal and his May revision. The legislature now will develop their own proposed budget this Spring, when there will be several budget policy committee hearings.
The pronouncement comes on the heels of calls from the industry and others for an urgent overhaul of cannabis taxes in California. In December, California NORML signed onto a letter to Gov. Newsom and CA’s legislative leadership calling for an immediate lifting of the cultivation tax placed on growers, a three-year holiday from the excise tax, and an expansion of retail shops throughout much of the state. The Sacramento Bee editorialized on 12/22: California is failing on legal cannabis. To honor the will of voters, overhaul is needed, and the LA Times chimed in with an editorial: Californians overwhelmingly supported legalizing marijuana. Why is it still a mess?
Cal NORML is the only advocacy organization fighting for all cannabis consumers (recreational and medical) in California, and you have told us that tax reform is your top priority. Please help us advocate for you in 2022!  Join Cal NORML today or Make A Donation.
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AG Bonta Pledges DOJ Help to Clear Past Marijuana Convictions in California

California’s Attorney General Rob Bonta has issued an information bulletin to all district attorneys, chief justices, and court executive officers across the state calling for all prosecuting agencies and courts to “prioritize implementation of the cannabis resentencing process provided under Health and Safety Code Sec. 11361.9 so Californians can promptly obtain the relief to which they are entitled under the law.”

While serving in the state assembly, Bonta was the author of Assembly Bill 1793, which codified the law requiring the DOJ to identify cannabis cases eligible for expungement and send that information to county DAs by July 1, 2019. The DAs then had until July 1, 2020 to review all cases and inform the court and the public defender’s office in their county that they are challenging a particular case.

 
The bulletin states:

As of December 1, 2021, DOJ has identified that there are still past convictions in the state summary criminal history information database that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or re-designation pursuant to Adult Use of Marijuana Act (AUMA) (HSC section 11361.9.)…we are aware that there are some prosecuting agencies that have not provided a complete listing of cases to the court for processing. In this event, the court may not have been able to “reduce or dismiss the conviction” or subsequently “notify the department of the recall or dismissal of sentence, dismissal and sealing, or redesignation.” 

 

Since AB1793 went into effect, many in CA have been able to make a fresh start, but there are still some waiting for relief.
I urge counties to prioritize updating outdated cannabis convictions. DOJ is here to help & we’re committed to seeing this through.https://t.co/kMrMl3AFVZ
— Rob Bonta (@AGRobBonta) December 15, 2021

Cal NORML has been tracking the expungement process whereby many DAs announced they had released cases to the courts for dismissal in 2020; however others did not. In any case, the courts must then act to clear records and there is no deadline in the law for them to do so. The state Judicial Council, which opposed AB 1793 and asked for $5 – $25 million to implement it (and reportedly received $14 million), released some preliminary, unvalidated information in March 2021 from a survey it did of state courts showing that many counties have yet to fully comply with the law. LA NORML director Bruce Margolin reported in October 2021 that a client of his suffered consequences of an unexpunged MJ conviction from Marin county.
 
“The DOJ is here to assist and ready to help,” says the AG’s bulletin. “All existing disposition reporting methods can be utilized to report this data to the DOJ. Additionally, the DOJ created a new data reporting method that can be used specifically for these cases.”
 
“We welcome AG Bonta’s leadership in moving prosecutors and courts in compliance with state law clearing or resentencing past marijuana convictions, and enabling California citizens to move on with their lives,” said Cal NORML deputy director Ellen Komp. People can check their criminal records via the DOJ site for $25 (and have that fee waived).

Freedom to Toke Coalition Fights Pot Smoking Ban in San Jose

In a victory for cannabis consumers, the San Jose City Council Neighborhood Services and Education Committee voted 5-0 on 12/9/2021 to exempt cannabis from a proposed Smoke-Free Housing Ordinance. The ordinance would have banned smoking and vaping of all kinds in multi-unit dwellings.
California NORML joined forces with the Silicon Valley Cannabis Alliance, MPP, ASA and other advocates in urging the council to exempt cannabis from the ban, thus limiting it to tobacco only. Advocates have previously succeeded in defeating cannabis smoking bans in West Hollywood and San Francisco.
In testimony to the council, Cal NORML argued that cannabis smoking is fundamentally different from tobacco smoking:
• Unlike tobacco, which can be legally smoked outside on the streets, cannabis consumption is illegal in all public places in California. Therefore, the proposed ban on residential use would be a de facto ban on cannabis for most San Jose residents.
• Unlike tobacco, cannabis has recognized medical value under California law.
• Unlike tobacco, no study has ever found second-hand cannabis smoke to be dangerous to human health. This is even more true of vaping.
• The proposed policy would inequitably impact lower-income and minority residents who can’t afford their own homes.
The San Jose ordinance still has to go before the full City Council, where six votes are needed for passage. However, it goes with the support of five members who have already approved the cannabis exemption.
Please support Cal NORML in 2022 when we will continue to fight for cannabis consumers’ rights across California. Read more about our 2022 plans. 
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Freedom to Toke Coalition Fights Pot Smoking Ban in San Jose

In a victory for cannabis consumers, the San Jose City Council Neighborhood Services and Education Committee voted 5-0 to exempt cannabis from a proposed Smoke-Free Housing Ordinance. The ordinance would have banned smoking and vaping of all kinds in multi-unit dwellings.
California NORML joined forces with the Silicon Valley Cannabis Alliance, MPP, ASA and other advocates in urging the council to exempt cannabis from the ban, thus limiting it to tobacco only. Advocates have previously succeeded in defeating cannabis smoking bans in West Hollywood and San Francisco.
In testimony to the council, Cal NORML argued that cannabis smoking is fundamentally different from tobacco smoking:
• Unlike tobacco, which can be legally smoked outside on the streets, cannabis consumption is illegal in all public places in California. Therefore, the proposed ban on residential use would be a de facto ban on cannabis for most San Jose residents.
• Unlike tobacco, cannabis has recognized medical value under California law.
• Unlike tobacco, no study has ever found second-hand cannabis smoke to be dangerous to human health. This is even more true of vaping.
Cal NORML also pointed out that the proposed policy would inequitably impact lower-income and minority residents who can’t afford their own homes.
The San Jose ordinance still has to go before the full City Council, where six votes are needed for passage. However, it goes with the support of five members who have already approved the cannabis exemption.
Please Support Cal NORML in 2022 when we will continue to fight for cannabis consumers’ rights across California. Read about our 2022 plans. 
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CAL NORML 2021 ACCOMPLISHMENTS AND PLANS FOR 2022

Please donate to Cal NORML to support our advocacy work, or join as a regular or business member:

Cal NORML regular membership
Business Membership with Free Listing

$20.00 – $100.00 / year
$50/month – $500/year

 

Cal NORML PRIORITIES FOR 2022

Pass employment rights legislation to forbid pre-employment drug testing for marijuana using urine and hair tests.
Reduce taxation; in particular, eliminate the cannabis cultivation tax.
Protect right to smoke and vape cannabis at home and expand venues for public consumption.
Expand number of legal cannabis businesses by ending local licensing bans
Protect medical access, prevent discrimination against Prop 215 patients, and lower taxes on medical products.
Continue to back federal legalization bills.
Publish 2022 election guide to candidates for office in California.

 
EMPLOYMENT RIGHTS FOR ALL CANNABIS CONSUMERS
Cal NORML’s major effort in 2021, which will continue in 2022, is our campaign for employment rights for cannabis users in California.
Asm. Bill Quirk (D-Hayward) stepped up this year to introduce a Cal NORML-sponsored employment rights bill, AB 1256, as a two-year effort. Our intent is to end employment discrimination based on testing for non-psychoactive cannabis metabolites in urine, hair, or bodily fluids for both recreational and medical cannabis users, while allowing employers to maintain a safe workplace by disallowing and testing for cannabis use or impairment on the job.
We are seeing much movement in this fight at the national level, starting with unprecedented support for sprinter Sha’Carri Richardson, who was banned from the US Olympic team for legally using marijuana in Oregon. Also this year, Amazon announced it would cease testing for marijuana in its employees, and New York state issued guidelines to employers instructing them not to test for marijuana, the latest state to pass employment protections for recreational users.
With Cal NORML’s support, the city councils of Oakland and San Francisco passed resolutions in support of AB 1256, and a similar resolution has been introduced in the LA City Council. Oakland has now gone further, introducing an ordinance that seeks to protect most city workers from drug testing that merely detects cannabis use off the job, not use or impairment in the workplace. Meanwhile, the California State Personnel Board issued a ruling in June reinstating a DOT employee who had been fired for failing a urine test, because such a test does not establish that an employee is under the influence of marijuana, exactly the argument we have been making.
Cal NORML has been meeting with human rights groups, union representatives, and business stakeholders at the state and local levels to answer concerns and shore up support for our employment rights bill in 2022, which will be introduced by Asm. Quirk under a different number.
Cal NORML is also seeking legislation to end the cultivation tax, and to protect pain patients’ access to medical cannabis
OTHER 2021 LEGISLATION 
2021 began with over 30 cannabis-related bills, most of them business oriented, introduced again this year in Sacramento. Cal NORML tracked these bills and responded from a consumer rights perspective, alerting our members when key bills were up for a vote.
Cal NORML generated over 750 letters to Gov. Newsom asking him to sign SB-311 “Ryan’s Law,” a bill to require hospitals to allow terminal patients to use cannabis. The bill was signed into law; now the fight will be to watchdog health care facilities to make sure they are implementing the new law (already there has been some resistance).
Much energy was expended in 2021 on extending the expiration date for cannabis provisional licenses, which had been set to expire in July 2021. After much debate among cannabis advocates and environmentalists, the Governor’s budget trailer bill allowed provisional licenses to be extended up to January 1, 2026. The Governor also budgeted $100 million to aid local governments in processing EIRs for cannabis license applicants.
Asm. Aguiar-Curry reintroduced her bill (AB-45) allowing for hemp-derived CBD products to be included in foods, beverages, and cosmetics. Cal NORML objected to its ban on hemp cigarettes, and an amendment was made that removed the hemp cigarette ban only once they are taxed. AB-45 was signed into law.
Because billboards provide useful information to consumers in search of legal cannabis outlets, Cal NORML supported a bill by Asm. Bill Quirk, AB 1302, to allow billboard ads for cannabusinesses on certain state highways. AB 1302 passed in the legislature, but was vetoed by Gov. Newsom, who says he will work with the bill’s author to “refine and advance its regulation of cannabis while also remaining faithful to the will of the voters.”
OTHER ACTIVITIES
In September, we published an election guide to the Guberatorial recall campaign, providing information on candidates’ stances and records on cannabis.
In April, we alerted our business and consumer members about a new policy from USPS banning the shipment of vape products, and we held  a Zoom meeting to address the complicated issue of expungement of past marijuana crimes in California, another process that is requiring watchdogging.
In March, a report from a three-year CHP committee on drugged driving on which Cal NORML director Dale Gieringer and deputy director Ellen Komp sat was released. The report contains numerous recommendations on improving DUI detection and prevention, data collection, public education, etc., but does not recommend adopting per se drug DUI thresholds like those used for alcohol, something Cal NORML (and science) insisted upon.
In February, we held a Zoom meeting and published a Local Action Toolkit titled, “Where the Reefer Meets the Road” to help counter some of the local resistance to cannabis business licensing we are seeing at the local levels. We continue to support local NORML chapters in Los Angeles, Orange County, San Diego, the Inland Empire, the Central Valley, and Contra Costa county as well as other local activists as they fight these battles and others.
One local issue has been cities and counties proposing bans on smoking in private apartments that include cannabis smoking and vaping.  We successfully opposed proposals to ban cannabis smoking in West Hollywood and San Francisco and are currently working with activists in San Jose to derail such an effort there, again fighting propaganda from anti-tobacco interests.
We hope to work towards opening more cannabis consumption lounges and spaces (especially as COVID restrictions end) in 2022. Several cities have opened for such spaces, which are allowable under state law for licensed retailers, but most places have not.
FEDERAL ACTIVITIES
As always we continue to work with our national NORML office to bring the California congressional delegation onboard with federal legislation. This year saw unprecedented support for legalization at the federal level, with the latest bill being introduced by a Republican congresswoman from South Carolina with the support of Republican Tom McClintock of California. The MORE Act, re-introduced this year by Congresswoman Barbara Lee (D-Oakland) and others, continues to be a priority for NORML, as does a new bill by Rep. Nancy Macy (R-South Carolina), the States Reform Act.
EVENTS
Despite COVID restrictions, Cal NORML was able to hold two successful events in 2021. The first was an online Legal Seminar held June 1 & 2 at which acting BCC director Tamara Colson appeared, and she and other attorneys discussed compliance & enforcement, local government issues, appellations petitions, equity, hemp/CBD, federal legalization, parental rights, criminal law, descheduling and employment rights.

On November 5, we held an in-person event in San Francisco to commemorate and celebrate the 25th anniversary of Prop. 215, which legalized medical marijuana in California and lit the fire for further legalization laws around the world. The event was well attended and much appreciated by all. The Los Angeles Times, LA Weekly and others covered the event, where attendees viewed a recorded greeting from AG Rob Bonta and were also greeted by Sen. Scott Wiener.
We were sorry that Luke Scarmazzo, who continues to serve a 20-year sentence in federal prison for running a California cannabis dispensary, could not attend the party. We hope to work to free him in 2022.
PRESS COVERAGE
Cal NORML is  often quoted calling for fewer regulations and taxes on cannabis in California, and for broader human rights for cannabis consumers.
The announcement of our employment rights bill got national press, and we got some media attention when we called for a “Drug Peace Day” on the 50th anniversary of Nixon’s War on Drugs on June 17.
Cal NORML director Dale Gieringer was quoted in an OC Register story about the CHP driving report (see above). He co-authored an oped titled, Free States from Obsolete Federal Marijuana Laws, which ran in the LA Daily News, commenting on the MORE Act in the House, and a draft Senate bill by Sen. Schumer, and arguing that the federal role in cannabis regulation should rightly be restricted to products in interstate or foreign commerce.
Deputy Director Ellen Komp was quoted on the front page of the San Francisco Chronicle in a story about Oakland’s move to protect its employees against urine and hair testing. She recently appeared on a 420Radio Network segment.
BUSINESS MEMBERSHIP UPDATE
We greatly expanded our website SEO capabilities and business membership perks in 2021, publishing business member blog posts on handling DCC inspections, SEO tips for cannabis companies, and firearm possession law.  Look for Business Membership Manager Kharla Vezzetti at the Cal NORML booth #411 at the NCIA Show in San Francisco in December to sign up for end-of-the-year specials advertising specials.  (More from Kharla?)
An online survey conducted by Cal NORML is finding that 60% of respondents report they have stopped using cannabis due to drug testing by their employers or doctors. Based on this, we are launching a Capital Campaign to raise funds from the cannabis industry for our employment rights campaign. Business members can join on a sliding scale, based on their income. READ MORE.

PLEASE SUPPORT CAL NORML IN 2022!
Cal NORML keeps our members informed of cannabis news at the federal, state, and local levels through our newsletter, website, and weekly email alerts, as well as public outreach tables at events. Through NORML’s networks we generate thousands of constituent letters in favor of progressive bills, and against ones that take away our rights.
Now is not the time to stop the fight! Please support Cal NORML with a membership donation. Click Here to Donate or see our Cal NORML store and purchase merchandise.
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If a Policy Took Over Half of Your Customers Away, What Would You Do About It?

November 22, 2021 – Results of an online survey of cannabis users that California NORML is conducting indicate:
– 30% of respondents (with another 15% unsure) indicated they had been denied employment for testing positive for marijuana
– 8% have been terminated because of a positive marijuana test
– 65% are looking for a job and afraid of discrimination due to their marijuana use
– 37% have increased their use of opioids or other drugs, or alcohol, because of drug testing
– 60% have stopped using marijuana because of drug testing by their employer or doctor
It is stunning that such a large number of Californians living in a state with legal marijuana have experienced job discrimination, and are turning to more harmful drugs or alcohol because of drug testing by their employers or doctors.
One finding that ought to be of interest to the cannabis industry: 60% of survey respondents stopped using marijuana because of drug testing. “If any other policy took away more than half of an industry’s customers, they would want to do something about it,” said Cal NORML Deputy Director Ellen Komp.
In the wake of these findings, Cal NORML is announcing a Capital Campaign aimed at the cannabis industry to fund the organization’s efforts to change California law to ban employment discrimination based on off-the-job marijuana use. Industry members can join the campaign on a sliding scale, based on their income.
CAL NORML’S EMPLOYMENT RIGHTS CAMPAIGN
Cal NORML has been fighting for Californians’ employment rights for several years, and we are starting to see the results of our efforts.
Asm. Bill Quirk (D-Hayward) introduced a Cal NORML-sponsored employment rights bill, AB 1256, in 2021. The intent is to end employment discrimination based on testing for non-psychoactive cannabis metabolites in urine, hair, or bodily fluids for both recreational and medical cannabis users, while allowing employers to maintain a safe workplace by forbidding and testing for cannabis use or impairment on the job.
With Cal NORML’s support, the city councils of Oakland and San Francisco passed resolutions in support of AB 1256, and a similar resolution has been introduced in the LA City Council. Oakland has now gone further, introducing an ordinance that seeks to protect most city workers from drug testing that merely detects cannabis use off the job, not use or impairment in the workplace. Meanwhile, the California State Personnel Board issued a ruling in June reinstating a DOT employee who had been fired for failing a urine test, because such a test does not establish that an employee is under the influence of marijuana, exactly the argument we have been making.
We are seeing growing momentum in this fight at the national level, starting with unprecedented support for sprinter Sha’Carri Richardson, who was banned from the US Olympic team for legally using marijuana in Oregon. Also this year, Amazon announced it would cease testing for marijuana in its employees, and New York state issued guidelines to employers instructing them not to test for marijuana, the latest state to pass employment protections for recreational users.
Cal NORML has been meeting with human rights groups, union representatives, and business stakeholders at the state and local levels to answer concerns and shore up support for our employment rights bill in 2022, which will be introduced by Asm. Quirk under a different number.
WE NEED YOUR SUPPORT!
Cal NORML is funded entirely with member donations; we receive no financial support from our national office. We need funding for our own staffing and to pay for lobbyists we have engaged to help us push this over the finish line in 2022.
Please contact Cal NORML Deputy Director Ellen Komp to learn more about the campaign, suggested industry donations, and benefits for joining.
If we all pull together, we can make this happen!
Cal NORML is the advocate for cannabis consumers (your customers) in California.
Along with employment rights, Cal NORML works on:

Bringing the CA Congressional delegation onboard with legalization at the federal level; working towards a fair and equitable system for all
Supporting efforts of local NORML chapters and other activists towards cannabis business licensing and human rights (e.g. providing places where cannabis can be consumed)
Lobbying on bills in Sacramento from a consumer’s perspective. Our members want to see fewer taxes and lessened regulations on cannabis in California.

More on our 2021 Accomplishments and 2022 Plans at (LINK).
Cal NORML will celebrate its 50th Anniversary in 2022; see our Mission Statement.
More on Cal NORML’s Employment Rights Campaign
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Cal NORML Opposes Cannabis Cultivation Tax Hike

November 22, 2021 – The California Dept. of Taxation and Fee Administration has ruled that the cultivation tax on legal cannabis be raised from $9.65 to $10.08 per dry-weight ounce of flower, from $2.87 to $3 for leaf, and from $1.35 to $1.41 for fresh material starting on January 1, 2022.
California Should Be Reducing, Not Increasing Cannabis Taxes
Cal NORML denounced the tax hike as wrong-headed and untimely. “The legal industry is already so burdened by excessive taxes and regulation that it cannot compete with unlicensed marketers,” says California NORML Director Dale Gieringer. “California needs to be reducing, not increasing cannabis taxes to make the legal market more competitive.”

The cultivation tax is especially burdensome on licensed farmers, who are struggling from a price collapse due to overproduction. Wholesale prices for outdoors flower have plummeted 60% in the past year to as little as $200 – $500 per pound according to MJBizDaily.com. At this rate, the new cultivation tax amounts to a whopping 30% – 80% of the cost of production. Even after the tax has been paid, producers have no assurance that the crop will ultimately be sold. Meanwhile, the costs are passed along to consumers and magnified at every subsequent stage of production.
The CDTFA is authorized by law to adjust the cultivation tax yearly in line with inflation; in the case of cannabis, however, prices have collapsed, not inflated.
“The cultivation tax was designed to bolster prices against a possible collapse in the legalized market,” says Gieringer, who once supported it. “The fear was that if cannabis became as cheap as comparable herbal products like tea, the price could drop to a few dollars per pound, or just pennies per joint. In actuality, however, California’s costly taxes and regulations have raised the price for legal cannabis substantially above what it was prior to legalization.”
A 2020 poll of Cal NORML members found consumers want lower taxes on cannabis, with 76% of respondents naming it as their top legislative priority. Prop. 64’s taxes and local restrictions sent many Californians back to unlicensed and untested suppliers when it took effect in 2017, leaving many medical patients and others without a safe and affordable source for cannabis, and fueling the illicit market.
“California has no need for further cannabis tax money. The Legislative Analyst’s Office has estimated that the state will have a budget surplus of $31 billion next year. The cultivation tax is particularly onerous and cumbersome to administer. We urge that it be eliminated,” said Gieringer.
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