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09-06-2010, 06:50 PM #11
Senior Member
10 reasons to vote NO on prop #19
I'm not a lawyer but I do have extensive law enforcement experience.
Prop 19 will not supersede prop 215 and SB 420. We will continue to get our recommendations and we will continue to grow as we are now.
What I don't like about prop 19 is that while it won't supersede 215 and 420 it does potentially criminalizes medical patients who medicate in their homes if they have children living with them who are under the age of 18.
The writers of the proposition bent over so far to please the prohibitionists that theyâ??re helping to create a whole new class of criminals.
Maybe I should explain further...
In the State of California peace officer and private citizen powers to arrest are basically the same for misdemeanors. For felonies however; while a felony must have actually been committed for a private person's arrest, peace officers are granted far more leeway if it turns out a crime was not committed. Smoking in the presence of an individual under 18 will be a felony per prop 19.
So while it will take a while for the courts to clearly define the parameters as it relates to the law on the presence of juveniles in the company of medical marijuana patients, a lot of patients are going to be left open to arrest by law enforcement officers for ingesting their cannabis meds in the presence of said juveniles.
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