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Steve Kubby: Tax Marijuana 2012 Campaign Update for March 4, 2011

by Steve Kubby on Friday, March 4, 2011 at 8:37am

The ink is barely dry on our preliminary draft of our initiative and we are already a serious subject of an editorial by the Orange County Register, a conservative newspaper based in the most conservative part of Southern California. We all understand that So Cal will determine whether legalization passes or fails in California, so this editorial support is definitely a very positive sign we can succeed, especially with former Orange County judge James Gray as our Chief Proponent. See the full editorial here:

Our initiative, The Marijuana Regulation and Tax Act of 2012, was written by Jack Herer’s personal attorney, Bill McPike, who is our Chief Counsel and was recently featured in The National Law Journal. Bill and other attorneys believe that Jack’s initiative, the CCHHI 2012 is fatally flawed and would be overturned in court, since it deals with multiple issues. That’s why Bill wrote our initiative and that is why he is asking Jack’s supporters to switch to our initiative. (See The National Law Journal story about Bill McPike at:

There are no new laws or taxes in our bill, only the full repeal of all the laws against cannabis for those 21 and older. Our team believes that so long as a single marijuana law remains on the books, police and prosecutors will find ways to use those horrible laws to punish and hurt otherwise law abiding citizens. Also, we heard the message of the No on Prop. 19 folks loud and clear. Out of respect for their concerns, we have specifically protected small growers by making their first 50 pounds and 99 plants exempt from taxes and regulations. The only crime we add is for police and public officials who attempt to subvert legalization. You can easily compare our initiative with others by going here:

Some have raised their concern that our initiative creates or modifies laws about smoking cannabis in public, operating motor vehicles, using cannabis in your home, etc. Not so. Unlike Prop. 19, our initiative “…expressly does not repeal, modify or change any present laws or regulations…” so nothing is changed for these activities from the way the law stands currently. And our initiative makes it clear that nothing in our act may be used to limit or restrict the rights of medical marijuana patients.

Several members of our team will attend the “Next Steps” meeting in So Cal on Saturday, March 19th. Unfortunately, I have a prior engagement and cannot attend. Judge Gray is scheduled to speak at 4:30 PM. To purchase a ticket to this event see:

We are already raising money and our first checks have arrived. I raised $500,000 for Prop. 215 and I raised $600,000 for my legal defense fund. Within Libertarian circles are people who have written me checks of $10,000 or more in the past. I can and will raise the $2 million we will need for this campaign.

Nothing in this initiative is set in stone and we invite comments and suggestions, now, while we still have time to make changes. Please send your comments and suggestions to me at To see the current version of our initiative, please go here:

To learn more about our Chief Proponent James Gray, please watch this video:

To become an official founding supporter of The Marijuana Regulation and Tax Act of 2012, send your contribution of $100 or more to Tax Marijuana 2012, PO Box 13591, South Lake Tahoe, CA 96151.

Let freedom grow,

Steve Kubby

Chief Officer

Tax Marijuana 2012



We Libertarians hate taxes and consider most taxes to be a form of theft. Why on earth would any Libertarian ever support an initiative that includes “tax” in the title? Doesn’t supporting a new tax law create the false imprssion that Libertarians think some taxes are okay?

Libertarians understand the terrible harm caused by taxes, most of which are passed during wartime hysteria as temporary measures that soon become permanent. Many of us have tried for years to change our current tax policies and, sadly, we have failed to make any gains except for the occasional bond issue we are able to put down. I suggest it is time for a new tactic, focused on real and achievable results. It’s time for our tax policies to be set by those who are committed to reducing the size of government, NOT those who want to continue the endless expansion and intrusion of government.

Our initiative will place government on a short leash, forbid any new or special taxes and confine the taxation of marijuana to regular sales tax on commercial sales only. In return for agreeing to sales tax, we have attached some very LIbertarian requirements, such as not accepting federal funding and criminal charges for police and public officials who oppose legalization. No new tax is created by this initiative and the practice of enacting “sin” taxes against marijuana will finally be prohibited. That is real progress towards liberty and I trust that Libertarians can bring themselves to see past our odious title, which our polling company strongly recommends, and enthusiastically support the genuine tax reform that this revolutionary new initiative will bring.

For additional perspective on how the LP can directly benefit from this initiative, please see here:

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  1. paulie paulie March 7, 2011

    @11 agreed and very well said.

  2. Gains Gains March 7, 2011

    Criticism without a positive call to action is narcissistic masturbation whether the poster is anonymous or not.

    Legalization efforts are notoriously hard to get on the ballot in California. Bills that truely increase freedom of all sorts have the same difficulty. It is money that has held up legalization in the past, not will, and not forthrightness. At this stage in the 2012 petition game, fund-raising and exploratory activities are the shots and that is what Mr. Kubby seems to be doing.

    He is doing a darned good job. There are few paths for any Libertarians, except those that are difficult. I will find no fault in any man who puts his foot forward and begins a difficult journey, the least anyone should do that is a nominal ally is bid them bon voyage. The best they might do is pick up some of the weight and earn a place where they can influence the effort for the better.

    I hope Mr. Kubby continues to keep us updated on his efforts and how we can help. I feel confident that his past successes are indicative of the seriousness in which he approaches activism. Certainly he has a track record for strong resolve in the face of hard odds and for that, emerging victorious.

  3. Steve Kubby Steve Kubby March 7, 2011

    Contrary to the comments of “One Who Knows.” our initiative was written by one of the top attorneys in the country and then reviewed by a judge. Prop. 215 was only 393 words and it was accepted, yet this unknown stranger, who hides behind anonymity expects us to believe his outrageous allegations. Who is this person in hiding and what is their hidden agenda? Frankly, I smell a rat!

  4. One Who Knows One Who Knows March 7, 2011

    Too bad the initiative is dead from the starting block, because it was so poorly written.

    All one has to do is look at any of the several hundred initiatives that made or didn’t make the California ballot over the past decade for a comparison and it becomes rather obvious that Kubby’s baby is long on rhetoric and loopholes and short on legislative specifics.

    For that reason alone, the Attorney General and Secretary of State will reject it.

    Furthermore, patterning marijuana after the wine industry, who happened to oppose Prop 19, will not gain any converts, either, since those existing regulations, like almost everything else in California, are burdensome, complex, and difficult to follow for new businesses.

    Yes, legalization is long overdue, but this is not the vehicle to do it.

  5. paulie paulie March 5, 2011

    It’s been too DAMN long….

  6. Porn Again Christian Porn Again Christian March 5, 2011

    Legalization is long overdue!

  7. paulie paulie March 5, 2011

    Too bad indeed. That was a missed opportunity for the party. However, presuming we still have some semblance of free elections, after Steve’s company takes off maybe it will be more feasible, say 2016 or 2020… 2008 was just terrible timing.

    This one, we’ll see, but it definitely has potential.

  8. Andy Andy March 5, 2011

    I look forward to seeing this thing get off the ground.

    “We are already raising money and our first checks have arrived. I raised $500,000 for Prop. 215 and I raised $600,000 for my legal defense fund. Within Libertarian circles are people who have written me checks of $10,000 or more in the past. I can and will raise the $2 million we will need for this campaign.”

    It’s too bad that these donors didn’t come through for Steve when he was running for the LP’s Presidential nomination.

  9. FKC FKC March 4, 2011

    About time one of these initiatives pass.

  10. paulie paulie March 4, 2011

    Sounds like a good start….

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