tc1
Well-Known Member
Prop 19 Explained: Common Questions and Misperceptions
Prop 19 will override Prop 215 legislation
This is false. Prop 215 is legislation for the medical use of marijuana. Prop 19 is legislation for the recreational use of marijuana. The courts have ruled that laws can not be implied to affect other pieces of legislation. Laws meant to supersede current laws MUST be expressed. Not only does Prop 19 not express the changing of ANY Prop 215 sections but it has exemptions for Prop 215 patients. If Prop 19 was meant to supersede Prop 215, there would be no need to add exemptions.
You can already grow and use marijuana legally
People with ailments and able to get a doctors recommendation are allowed to use and cultivate legally under California law. Everyone else is still subject to prosecution.
Asking healthy people to lie and get a prop 215 recommendation only fuels the fire of people who claim "medical marijuana is just a scam for people who want to get high". Abuse of the medical marijuana program can have negative consequences to those who desperately need medicinal marijuana and is a slap in the face to many of them. The bottom line is no one should go to jail for marijuana, regardless if they have a medical condition or not. Marijuana wont be legalized until ALL of age adults can cultivate and use marijuana.
You can only have a 5x5 grow area
Prop 19 states that a grow area can be no bigger than 25 square feet. You're dimensions can be a combination of any number provided they stay within the 25sqft maximum. Prop 19 also allows local cities to increase the size of grow areas if they feel it appropriate to do so.
You can only have 1 ounce of marijuana at any one time
Prop 19 allows the possession of 1 ounce on your person. This means you will not be able to walk down the street with more than an ounce at a time. Marijuana in your home is measured by the 25 square footage rule and not by weight as written in Section 11304 part d(iv). Prop 19 also allows local cities to increase the amount of possession if they feel appropriate to do so.
I can't smoke in the same house with a minor
Prop 19 states "smoking cannabis in any space while minors are present." is unlawful.
While this can be debated to no end, the logical explanation is that you are not allowed to expose minors to second hand smoke. There are some who say that "space" is defined as "the same home". Prop 19 does no define "space" as "same home" and to draw to that conclusion is false. Jumping from "space" to "same home" is no different than jumping from "space" to "same planet". Sensible logic is needed to feel comfortable with this wording.
Prop 19 taxes the sale of marijuana
Prop 19 does not contain any specific commercial regulation and tax laws. It simply states cities have the right to commercially sell recreational marijuana and tax it. It is up to each and every city to decide whether they want to commercially sell marijuana and if so, how much (if any) taxes they wish to place on it. One of the biggest selling points on legalizing marijuana has always been the ability to tax it, so it should be no surprise that Prop 19 gives cities the option of doing so.
Prop 19 will put people out of business and hurt the economy
Prop 19 allows cities the option to commercially grow and sell marijuana. This allows people who currently grow and/or sell marijuana illegally the ability to legitimize their business and safely pursue a career without risking prosecution or imprisonment. It also allows opportunity for new marijuana businesses. Prop 19 also allows the full legalization of any marijuana related business, including "smoking clubs" or "bud bars". Prop 19 legalizes the mass production of industrial hemp as define in Section 11304 part d(i). Under Prop 19 marijuana users may not be discriminated against in the workplace providing there is no concern for impairment.
Given these facts, it is safe to say that Prop 19 has the potential to create more jobs and further employee rights.
Prop 19 will cause more arrests and incarcerations
There is no data to support this claim. Under Prop 19 responsible adults who are of the same age to drink alcohol will not go to jail for marijuana related offenses. Prop 19 prevents law enforcement from threatening or executing any arrests and/or seizures based on marijuana use. This prevents local law enforcement to work with or supply intelligence to federal agents providing no state law has been broken. Marijuana use/cultivation will no longer be enough for probable cause or reasonable suspicion under Prop 19. The penalties for exposing (sale, gift, etc) minors to marijuana are harsh. For minors 14 years of age or younger, 3-5 years in state prison. For underage people 18-20, a $1000 fine and up to 6 months in state prison.
Simple solution: Be a responsible adult and don't sell, give, or involve minors or underage people in marijuana. Provided adults act responsibly with regards to Prop 19, there is no reason to believe arrests will increase and logic would suggest the opposite.
Prop 19 will override Prop 215 legislation
This is false. Prop 215 is legislation for the medical use of marijuana. Prop 19 is legislation for the recreational use of marijuana. The courts have ruled that laws can not be implied to affect other pieces of legislation. Laws meant to supersede current laws MUST be expressed. Not only does Prop 19 not express the changing of ANY Prop 215 sections but it has exemptions for Prop 215 patients. If Prop 19 was meant to supersede Prop 215, there would be no need to add exemptions.
You can already grow and use marijuana legally
People with ailments and able to get a doctors recommendation are allowed to use and cultivate legally under California law. Everyone else is still subject to prosecution.
Asking healthy people to lie and get a prop 215 recommendation only fuels the fire of people who claim "medical marijuana is just a scam for people who want to get high". Abuse of the medical marijuana program can have negative consequences to those who desperately need medicinal marijuana and is a slap in the face to many of them. The bottom line is no one should go to jail for marijuana, regardless if they have a medical condition or not. Marijuana wont be legalized until ALL of age adults can cultivate and use marijuana.
You can only have a 5x5 grow area
Prop 19 states that a grow area can be no bigger than 25 square feet. You're dimensions can be a combination of any number provided they stay within the 25sqft maximum. Prop 19 also allows local cities to increase the size of grow areas if they feel it appropriate to do so.
You can only have 1 ounce of marijuana at any one time
Prop 19 allows the possession of 1 ounce on your person. This means you will not be able to walk down the street with more than an ounce at a time. Marijuana in your home is measured by the 25 square footage rule and not by weight as written in Section 11304 part d(iv). Prop 19 also allows local cities to increase the amount of possession if they feel appropriate to do so.
I can't smoke in the same house with a minor
Prop 19 states "smoking cannabis in any space while minors are present." is unlawful.
While this can be debated to no end, the logical explanation is that you are not allowed to expose minors to second hand smoke. There are some who say that "space" is defined as "the same home". Prop 19 does no define "space" as "same home" and to draw to that conclusion is false. Jumping from "space" to "same home" is no different than jumping from "space" to "same planet". Sensible logic is needed to feel comfortable with this wording.
Prop 19 taxes the sale of marijuana
Prop 19 does not contain any specific commercial regulation and tax laws. It simply states cities have the right to commercially sell recreational marijuana and tax it. It is up to each and every city to decide whether they want to commercially sell marijuana and if so, how much (if any) taxes they wish to place on it. One of the biggest selling points on legalizing marijuana has always been the ability to tax it, so it should be no surprise that Prop 19 gives cities the option of doing so.
Prop 19 will put people out of business and hurt the economy
Prop 19 allows cities the option to commercially grow and sell marijuana. This allows people who currently grow and/or sell marijuana illegally the ability to legitimize their business and safely pursue a career without risking prosecution or imprisonment. It also allows opportunity for new marijuana businesses. Prop 19 also allows the full legalization of any marijuana related business, including "smoking clubs" or "bud bars". Prop 19 legalizes the mass production of industrial hemp as define in Section 11304 part d(i). Under Prop 19 marijuana users may not be discriminated against in the workplace providing there is no concern for impairment.
Given these facts, it is safe to say that Prop 19 has the potential to create more jobs and further employee rights.
Prop 19 will cause more arrests and incarcerations
There is no data to support this claim. Under Prop 19 responsible adults who are of the same age to drink alcohol will not go to jail for marijuana related offenses. Prop 19 prevents law enforcement from threatening or executing any arrests and/or seizures based on marijuana use. This prevents local law enforcement to work with or supply intelligence to federal agents providing no state law has been broken. Marijuana use/cultivation will no longer be enough for probable cause or reasonable suspicion under Prop 19. The penalties for exposing (sale, gift, etc) minors to marijuana are harsh. For minors 14 years of age or younger, 3-5 years in state prison. For underage people 18-20, a $1000 fine and up to 6 months in state prison.
Simple solution: Be a responsible adult and don't sell, give, or involve minors or underage people in marijuana. Provided adults act responsibly with regards to Prop 19, there is no reason to believe arrests will increase and logic would suggest the opposite.
Now we got east coast states passing med laws and the gold rush begins again out there - too bad for California dealers because you're out of a job either way we go.
