Quentin |
11-02-2010 04:31 PM |
The short answer is "no."
If Prop 19 passes, it will not have the effect of simply rendering all marijuana-related activities in California legal.... not by a long shot.
A few things of note from the language of the Act:
Quote:
(c) ?Personal consumption? shall not include, and nothing in this act shall permit, cannabis:
(1) Possession for sale regardless of amount, except by a person who is licensed or permitted to do so under the terms of an ordinance adopted pursuant to Section 11301.
(2) Consumption in public or in a public place.
(3) Consumption by the operator of any vehicle, boat, or aircraft while it is being operated, or that impairs the operator.
(4) Smoking cannabis in any space while minors are present.
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and.....
Quote:
11301. Commercial Regulations and Controls.
Notwithstanding any other provision of state or local law, a local government may adopt ordinances, regulations, or other acts having the force of law to control, license, regulate, permit, or otherwise authorize, with conditions, the following:
(a) The cultivation, processing, distribution, safe and secure transportation, and sale and possession for sale, of cannabis, but only by persons and in amounts lawfully authorized.
(b) The retail sale of not more than one ounce per transaction, in licensed premises, to persons 21 years or older, for personal consumption and not for resale.
(c) Appropriate controls on cultivation, transportation, sales, and consumption of cannabis to strictly prohibit access to cannabis by persons under the age of 21.
(d) Age limits and controls to ensure that all persons present in, employed by, or in any way involved in the operation of, any such licensed premises are 21 or older.
(e) Consumption of cannabis within licensed premises.
(f) The safe and secure transportation of cannabis from a licensed premises for cultivation or processing, to a licensed premises for sale or on-premises consumption of cannabis.
(g) Prohibit and punish through civil fines or other remedies the possession, sale, possession for sale, cultivation, processing, or transportation of cannabis that was not obtained lawfully from a person pursuant to this section or Section 11300.
(h) Appropriate controls on licensed premises for sale, cultivation, processing, or sale and on-premises consumption of cannabis, including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties and persons from unwanted exposure, advertising, signs, and displays, and other controls necessary for protection of the public health and welfare.
(i) Appropriate environmental and public health controls to ensure that any licensed premises minimizes any harm to the environment, adjoining and nearby landowners, and persons passing by.
(j) Appropriate controls to restrict public displays or public consumption of cannabis.
(k) Appropriate taxes or fees pursuant to Section 11302.
(l) Such larger amounts as the local authority deems appropriate and proper under local circumstances, than those established under subdivision (a) of Section 11300 for personal possession and cultivation, or under this section for commercial cultivation, processing, transportation, and sale by persons authorized to do so under this section.
(m) Any other appropriate controls necessary for protection of the public health and welfare.
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In other words, passage of Prop 19 is not what a lot of people seem to imagine it to be -- the end of any and all marijuana-related prosecutions within the state of California.
And I haven't even touched on the clear continuing authority of the federal government to enforce the Controlled Substances Act. As it stands now, there is nothing to protect recipients of medical marijuana from prosecution by the feds. The courts have been quite clear on that point. (See Gonzales v. Raich among other cases)
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