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http://yeson19.com/node/97
Q: Does Proposition 19 change medical cannabis laws in California?
A: No, Proposition 19 will not change or affect current medical cannabis laws or protections offered to qualified patients. Patients will still be able to possess what is needed for medical use, and patients, caregivers and medical cannabis collectives and cooperatives will retain all existing rights under Proposition 215 and SB 420 (codified at California Health & Safety Code 11362.5; 11362.7 - 11362.9). Section 2.B of Proposition 19 expressly lists as one of the initiatives purposes: Provide easier, safer access for patients who need cannabis for medical purposes. Section 2.B also expressly notes that existing medical cannabis statutes will remain the law after passage of Proposition 19. Finally, none of the provisions in Proposition 19 conflict with Proposition 215 or SB 420. As a result, even in the absence of the provisions in Section 2.B of Proposition 19, Proposition 19 could not possibly provide any legal basis for limiting existing medical cannabis law.
Q: If proposition 19 passes, would patients be limited to possessing one ounce or less of cannabis?
A: No, qualified patients will not be subject to the one-ounce quantity limitation for recreational cannabis in Proposition 19. As stated above, patients will retain all of their rights under Proposition 215 and SB 420, including the right to possess any amount of cannabis that is reasonably related to the patients current medical needs. Section 3 of Proposition 19 provides in part that it is lawful and shall not be a public offense under California law for any person 21 years of age or older to possess one ounce or less of cannabis. Nothing in this provision, or any other provision of Proposition 19, makes it unlawful for qualified patients (including qualified patients under the age of 21) to possess more than one ounce of cannabis.
Q: How will Proposition 19 affect patients who grow medical cannabis? Will patients be limited to cultivating cannabis in an area of not more than twenty-five square feet per private residence?
A: Proposition 19 will not affect patients who grow medical cannabis. Patient gardens will remain legal, and protections will remain unchanged for patients who choose to grow their own medicine. As with all of its provisions, the twenty-five square feet provision does not affect or limit the rights of qualified patients under Proposition 215 and SB 420.
Q: How will Proposition 19 affect collective and cooperative cultivation?
A: Proposition 19 will not affect the provision of California law that recognizes medical cannabis collectives and cooperatives (California Health & Safety Code § 11362.775). These collectives and cooperatives will remain lawful throughout the state, regardless of whether or not a locality chooses to control and tax the cultivation and distribution of cannabis for non-medical purposes.
While Proposition 19 does not affect existing medical cannabis law, it will allow for greater protection for collectives and cooperatives in storefront locations. City and county governments that choose to control and tax the cultivation and distribution of cannabis under Proposition 19 will now have the clearly established ability to regulate collective and/or commercial growing.
Q: If Proposition 19 passes, will non-medical patients have the same (or more) rights than patients?
A: No, qualified patients will continue to have all of the rights under Proposition 215 and SB 420 and will therefore have more rights than non-medical cannabis consumers. Adults 21 and over who are not qualified patients will be able to possess up to one ounce of cannabis outside of the home. Adults who are not qualified patients may only grow in a 5x5 area, and will have an affirmative defense to possess what they grow for personal use in that area. Patients, caregivers, and/or collectives will still be able to possess and cultivate the amount needed for their medical use and will retain all other rights under Proposition 215 and SB 420.
Q: Will Proposition 19 result in more taxes on medical cannabis?
A: No. Localities already have the ability to tax medical cannabis. In 2008, for example, Oakland voters passed such a tax. Because Proposition 19 will allow localities to control and tax the non-medical cultivation and distribution of cannabis, it is likely to lower the potential tax burden on medical cannabis patients and collectives.
Q: I have heard that, despite the information above and the plain language of the initiative, Proposition 19 will limit the rights of medical cannabis patients. Should I be concerned?
A: Anyone who claims that Proposition 19 will limit or overturn Proposition 215 or SB 420 in any way is either misinformed or misrepresenting the truth. As discussed above, Proposition 19 will not affect any of the legal rights granted to patients, caregivers, doctors, collectives/cooperatives, etc. under Californias existing medical cannabis laws. Californias current medical cannabis laws will remain intact and unchanged by Proposition 19. Nevertheless, a small group of people who benefit financially from the current illegal status of cannabis may be tempted to spread (or to believe) misinformation about Proposition 19 due to self-interest. Unfortunately, some value their personal wealth more than the lives of the over 60,000 Californians who are arrested each year for cannabis offenses and who would no longer be criminalized if Proposition 19 becomes law. The text of Proposition 19 could not be any clearer, however: Proposition 19 will not limit in any way the rights of patients, caregivers, doctors, or collectives/cooperatives.
A little reading goes a long way. Like I've been saying, you guys who are voting no are wasting your votes because you are misguided and misinformed.
