Quote:
Originally Posted by chicka
You are looking at it the wrong way SuchFriends
If it becomes legal which this bill is attempting to do why would you have to have an amount or certain amount of plants mature or otherwise when it's legal to have it own it and smoke it why would they have to set a controled amount?
I can have 35 cases of booze in my cellar if I want because Alcohol is legal so if grass is legal what does it matter what I have?"
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the proposition clearly states that only an ounce or less is allowed, and since it does not specify a difference between fresh and dried cannabis, then by default the law is up to the interpretation of law enforcement as to what constitutes fresh and dried. But as it is now, an ounce is an ounce and that is the clearly specified limit.
SB 420 from 2004 clearly defines these matters, as 8 ounces of dried cannabis unless local/county government allow more (such as in Mendocino County which just in May upped the legal amount of cultivation from 25 plants to 99, in LA county its the state law of 9 vegetative plants and 6 mature plants and 8 ounces of dried cannabis) for medical growers..
so Prop 19 is not specific enough, but then again Prop 215 was not that specific either (which is why SB 420 was drafted) however the difference was Prop 215 only covered medical use, which was quite a bit less impacting then legalization for the 30 odd MILLION californians over the age of 21 who prop 19 affects.. That is precisely why even if the ballot measure passes the election, it will get shot down in the courts until it carries language like in SB 420 to specify cultivation as there is literally a risk of MILLIONS of legal misunderstandings by the confusing language of the proposition..
Further, Prop 19 discusses sales and local taxation but does not quite specify the logistics on how to enforce this, had for example it designated a state-wide tax code and sales regulation standards and also established a state-wide agency to deal with enforcement and collection of such revinues (such as the Prop 10 cigarette tax in 1998 which established a specific fund and agency to collect and distribute the revinues from the tax)..
Like I said, better luck next time.
BUT AGAIN, the SB1449 bill signed yesterday is a landmark achievement, now possession is simply a traffic citation, which does not go on any record nor do you have to declare such arrests to any agency which asks (such as employers and background checks)..
Legalize It and I-man will advertise it (fo sho!!) but Prop 19 does
not legalize it according to current standards of california law, and as such will be declared illegal by the Courts (and of course the Obama administration has also reiterated that while it has no intention of prosecuting Prop215 cases, it will indeed put full federal force against any legalization attempts by ANY states as the prop violates Federal Narcotics Scheduling and also the Drug-Free Work Place Act..)
jah! rastafari