The current “Don’t Ask, Don’t Tell,” Berkeley approach to cannabis has resulted in some ways in “Don’t Tax and Don’t Regulate”. The City of Berkeley has an opportunity to take small steps forward by adopting two November cannabis ballot initiatives. Unlike other businesses who often object to taxation and regulation, these businesses frequently welcome the standardization, security and legitimacy bestowed by governmental rule and taxes. These baby steps are a welcome replacement for decades of incrimination, incarceration and criminalization. In doing so, we can end the current Catch 22 of legally permitted medical marijuana dispensaries legally allowed to dispense medication to patients with a doctor prescription, but with no legal approval to grow the cannabis and get it to the dispensary. Apparently right now we are all supposed to believe the cannabis magically falls from the sky into the lap of the dispensary workers.

One ballot measure will facilitate more regulation by creating a permit process for cannabis cultivation, allowing one new dispensary, and establishing a regular City Commission. Not only will the number of permits be designated but the size will be limited and the total square footage will also be specified. Currently dispensaries are prohibited near public schools, and this measure will change that to a prohibition within 600 feet of public and private schools as well.

The cultivation permits will be capped at 6 and limited to the small “M” zoning area. The City will have a greater say over a new or relocated dispensary, and the public will be able to appeal a specific new location.

It is widely recognized by intelligent people that cultivation already occurs in cities throught the State of California, and may indeed already occur right here in the City of Berkeley. (Estimates range anywhere from a few, to a few dozen to a few hundred locations.)

The second measure will increase the taxation of cannabis dispensaries and cultivators. Right now the dispensaries pay a small business tax, and cultivators are not officially recognized or permitted so they do not directly pay taxes. Under this proposed Berkeley law, if state Proposition 19 passes, non-medical cannabis businesses will pay four times as much, and contribute ten percent of gross reciepts to the city. Given recent difficult budget and service cuts, new revenue could help preserve important public safety as well as health and human service needs.

Around the state and the country the views and policies adressing cannabis distribution are evolving. The UFCW union has been organizing dispensary workers to make sure these workers have jobs with decent pay and working conditions. Right here is California there will be a state ballot measure to create a version of statewide cannabis taxation and regulation. While I personally support Proposition 19, whether you support or oppose the statewide measure these Berkeley measures are practical steps for Berkeley to be prepared either way. If state Proposition 19 loses, Berkeley will be prepared with clearer regulations and taxation for our small number of medical cannabis dispensaries. If state Proposition 19 wins, Berkeley will get more taxes and other cities may be rushing to follow in our footsteps.

Some people feel that we lead the nation in taxation of our homeowners, and regulation of our businesses and land us permits. Let’s end ” Don’t Ask, Don’t Tell” on cannabis cultivation and put the taxation and regulation here where it is desirable and beneficial.

Let’s end the incrimination, criminalization and incarceration, with education and this legislation.

Let’s lead the nation in taxation and regulation of cannibas cultivation.