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08-28-2010, 02:45 AM #16
Senior Member
PROP 19: YOU DECIDE...
^ thank you, Steve. I think you make some great points I appriciate the insight. it is all very interesting to me.
I'm no expert, hell I don't even live California anymore but I was born out there, but just a couple of points.
- the price - According to RAND's estimate the price for retail over the counter cannabis if this prop passes would be aprox. $91 an ounce, of which about 2/3 would be tax and 1/3 revenue to the coffee shops. who knows, maybe they just pulled these numbers out of their ... but those RAND dudes are pretty smart most times.
as far as the oz limit, I think that is only what you can travel with, I think you can have as much at your grow site as you can grow in your dinky little :jointsmile: 25sf garden space. but I'm not an attorney so here is the actual language below.
yeson19.com
Section 11300: Personal Regulation and Controls
(a) Notwithstanding any other provision of law, it is lawful and shall not be a public offense under California law for any person 21 years of age or older to:
(i) Personally possess, process, share, or transport not more than one ounce of cannabis, solely for that individualā??s personal consumption, and not for sale.
(ii) Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of the private property owner or lawful occupant, cannabis plants for personal consumption only, in an area of not more than twenty-five square feet per private residence or, in the absence of any residence, the parcel. Cultivation on leased or rented property may be subject to approval from the owner of the property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of cannabis on any public lands.
(iii) Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption.
(iv) Possess objects, items, tools, equipment, products and materials associated with activities permitted under this subsection.
It does seem a bit unclear but I think NORML analysed it concluded that you could have pounds and pounds at your site, depending on how many harvests you have collected over the seasons, but can only travel with on oz. at a time. but, the real game changer is that since 1 oz. is legal to travel with the cops can no longer hassle you over any weed. as long as you don't consent to a search they will never know if you have just an oz. or more.
as far as the feds, there is an excellent write up by an L.A. attorney that I've posted somewhere on here that talks about how States can drop prohibition laws legally within our system of federalism. Her example, was alcohol prohibition was dropped by NY State 10 years before national prohibition was repealed. California was one year ahead of the feds with repealing alcohol prohibition. so she concuded, not only can States legalize but they SHOULD legalize. this puts the burden of proof solely in their court. it is how policy is made in the US. So, yes the IRS and the banks are f'n with medical providers right now, but that shouldn't stop Californians from correcting their own local laws.
Finally, I do agree we can do better I think you were on the right track about challenging parts of it in court. I would challenge the 25sf limit, too. that seems too low to me too. Maybe the courts would correct that to an acceptable amount, as they did with medical users.
But I hope Californians can still vote yes on this and then start working hard to challange anything they may disagree with in court and/or starting their own voter sponsored iniatives that would enhance this prop. don't throw the baby out with the bath water. put this into law and then you can say in 2012, look we went this far and the sky did not fall lets go even further now.
from what i've heard and from what you seemed to be saying, too, is that there will only be a handful of these coffee shops or whatever they end up calling them. probably just in Oaksterdam. If that is true, it seems to me that really this will have almost no effect on about 99% of Californians. A few that live in Oaksterdam (or a few sneaky tourist :rastasmoke
will take advantage of a free zone to legally purchase bud, whereas the rest of Californians will carry on just as they are now, growing their own or getting it from a buddy who knows someone or whatever. and the medical dispensory will continue to be provided by the "not for profit" :jointsmile: growers that supply them now.
it is a baby step, yes, but it sounds like any think much more radical would never have chance of getting passed.[align=center]:s4:
bring \'em all home.
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