By Shelby Huffaker, MPH | San Diego Americans for Safe Access Co-Chair
In 2019, California Governor Gavin Newsom took a significant step towards supporting medical cannabis patients by signing Senate Bill 34: The Dennis Peron and Brownie Mary Act into law. The legislation provided a lifeline to those reliant on medical cannabis by exempting donated cannabis products from state taxes, thereby creating opportunities for licensees to provide products to qualifying patients free-of-charge. However, with the Act set to expire this year, the future of medical cannabis compassionate donation programs hangs in the balance.
The Background
The Dennis Peron and Brownie Mary Act addressed a critical issue stemming from the passage of Proposition 64: The Adult Use of Cannabis Act in 2016. While Prop 64 legalized recreational cannabis, it also imposed steep sales and cultivation taxes, including a $9.25/oz cultivation tax for flower, a $2.75/oz cultivation tax for leaves, and a 15% tax on the sale of cannabis. As a result of the legislation, the high cost of cannabis made it unaffordable to many consumers. Further, for low-income medical cannabis patients, purchasing cannabis through legal means became impossible.
While the elimination of the cultivation tax in 2022 provided some much-needed relief for consumers and licensed operators, letting cannabis donation programs expire would still result in hardships for patients who face unique financial challenges (e.g., medical bills, loss of employment, higher dosing requirements).
A Legacy of Compassion
The Act’s namesakes, Dennis Peron and “Brownie Mary” (Mary Jane Rathburn), were pioneers in the medical cannabis movement, particularly during the AIDS epidemic. Both Peron and Brownie Mary distributed free medical cannabis to seriously ill patients in the San Francisco area and helped craft influential legislation expanding the rights of medical cannabis patients. Their compassionate efforts to provide medical cannabis to those in need laid the groundwork for today’s compassionate care programs. As we approach the end of the Act’s lifespan, it’s essential to honor their legacy by advocating for its extension.
The Urgency of Action
Assembly Bill 2555 (Quirk-Silva) presents an opportunity to extend compassionate care programs for an additional five years. This extension is crucial for the 1.9 million registered medical cannabis patients in California who rely on affordable access to their medicine. Without it, many patients will once again face barriers to obtaining the medicine they need.
Take Action
Now is the time to make your voice heard. Write to your assemblymember and urge them to support AB 2555: Sales and use tax: exemption: medicinal cannabis: donations. Share your personal experiences with compassionate care programs and emphasize their impact on your life. Your advocacy can make a difference in preserving access to medical cannabis for patients across California.
As we navigate the complexities of cannabis regulation, let’s not forget the individuals whose health and well-being depend on affordable access to medical cannabis. Together, we can ensure that compassionate care remains a cornerstone of California’s cannabis industry.
