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-   -   If Prop 19 passes do you think you'll be allowed to ship marijuana in Cali? (https://gfy.com/showthread.php?t=995645)

wtfent 11-02-2010 02:22 PM

If Prop 19 passes do you think you'll be allowed to ship marijuana in Cali?
 
What do you think?

baddog 11-02-2010 02:23 PM

Not a chance

wtfent 11-02-2010 02:26 PM

Quote:

Originally Posted by baddog (Post 17664751)
Not a chance

Can you elaborate a bit more why you think that? You can ship beer, wine and cigarettes mail order so perhaps marijuana would somehow be allowed as well.

SallyRand 11-02-2010 02:27 PM

Quote:

Originally Posted by wtfent (Post 17664761)
Can you elaborate a bit more why you think that? You can ship beer, wine and cigarettes mail order so perhaps marijuana would somehow be allowed as well.

This little matter of federal law.

Pot is illegal under federal law and Obama opposes legalization.

Figure it out.

DateDoc 11-02-2010 02:30 PM

Federal laws will not allow it and I doubt you will find any carrier that would ship it. Heck some states will not even let you ship beer or wine to them.

wtfent 11-02-2010 02:31 PM

Quote:

Originally Posted by SallyRand (Post 17664768)
This little matter of federal law.

Pot is illegal under federal law and Obama opposes legalization.

Figure it out.

Well if youll be able to buy joints in 7-11 why wouldnt you be allowed to ship within california, not sure what the difference is.

dyna mo 11-02-2010 02:32 PM

Quote:

Originally Posted by wtfent (Post 17664792)
Well if youll be able to buy joints in 7-11 why wouldnt you be allowed to ship within california, not sure what the difference is.

oh man, wow.

baddog 11-02-2010 02:33 PM

Quote:

Originally Posted by wtfent (Post 17664792)
Well if youll be able to buy joints in 7-11 why wouldnt you be allowed to ship within california, not sure what the difference is.

What makes you think you can buy joints at 7-11? Try to be a little reasonable.

wtfent 11-02-2010 02:34 PM

Quote:

Originally Posted by DateDoc (Post 17664785)
Federal laws will not allow it and I doubt you will find any carrier that would ship it. Heck some states will not even let you ship beer or wine to them.

Carriers dont like beer because all the mess it could make it bottles broke, I also heard that UPS has a dont ask dont tell type deal with shipping beer. They say you cant ship beer but yet my beer club beers come from UPS every month.

Vendot 11-02-2010 02:37 PM

Is it nice living in California?

All of a sudden this state in America has become quite appealing. Im thinking this is the only place in the world I want to live in.

Fuck, can you imagine the effect this will have on tourism?

czarina 11-02-2010 02:38 PM

ship within the state? if it's legal to buy and consume, it'll probably be legal to ship

dyna mo 11-02-2010 02:40 PM

Quote:

Originally Posted by czarina (Post 17664830)
ship within the state? if it's legal to buy and consume, it'll probably be legal to ship

asked & answered!

wtfent 11-02-2010 02:41 PM

Quote:

Originally Posted by baddog (Post 17664802)
What makes you think you can buy joints at 7-11? Try to be a little reasonable.

Just dropping a name people are familiar with, that is all. If I owned a store in cali and pot becomes legal whats to stop me from selling joints in it? Yea 7-11 might be different cause its a big corporation but how about small ma and pop shops? How is that not reasonable?

american pervert 11-02-2010 02:42 PM

not with the post office. they are a federal gov't branch and the postal inspectors will be in your ass. stick to fedex.

wtfent 11-02-2010 02:43 PM

Quote:

Originally Posted by czarina (Post 17664830)
ship within the state? if it's legal to buy and consume, it'll probably be legal to ship

Finally, somebody in this post that seems to make sense!

wtfent 11-02-2010 02:44 PM

Quote:

Originally Posted by american pervert (Post 17664855)
not with the post office. they are a federal gov't branch and the postal inspectors will be in your ass. stick to fedex.

Yea def agree with you on that one!

baddog 11-02-2010 02:49 PM

I have a feeling this law is not all you think it is. We shall see.

JLB 11-02-2010 02:54 PM

Quote:

Originally Posted by dyna mo (Post 17664798)
oh man, wow.

It's somewhat of a valid point. Say you want to send a nice bottle of wine to a friend in a neighboring city, where's the harm in that? Now let's say pot is completely legal to buy, sell and consume. Why can't you send that same friend a nice big spliff.

Just trying to get into the poster's mindset.

Ayla_SquareTurtle 11-02-2010 02:58 PM

The way I read it, the law would make it legal for personal consumption and cultivation, but leave it up to local government to legislate retail sales laws. Shipping probably wouldn't be very feasible if that's the case as every town would no doubt have their own rules.

dyna mo 11-02-2010 02:58 PM

Quote:

Originally Posted by american pervert (Post 17664855)
not with the post office. they are a federal gov't branch and the postal inspectors will be in your ass. stick to fedex.

postal inspectors have jurisdiction over ALL shippers.

nsacm 11-02-2010 02:59 PM

so if this passes, is it law? or does it have to go over another hurdle?

I know in nv it passes the first time, but the second vote it never gets through

dyna mo 11-02-2010 03:02 PM

Quote:

Originally Posted by JLB (Post 17664921)
It's somewhat of a valid point. Say you want to send a nice bottle of wine to a friend in a neighboring city, where's the harm in that? Now let's say pot is completely legal to buy, sell and consume. Why can't you send that same friend a nice big spliff.

Just trying to get into the poster's mindset.

any comment starting off with *pot being sold at 7-11* fails the validity test eh.

american pervert 11-02-2010 03:05 PM

Quote:

Originally Posted by dyna mo (Post 17664945)
postal inspectors have jurisdiction over ALL shippers.

not unless the package is being handled by a postal employee. fedex does have a contract to fly mail, but the inspectors don't over see fedex packages.

SallyRand 11-02-2010 03:07 PM

Quote:

Originally Posted by dyna mo (Post 17664945)
postal inspectors have jurisdiction over ALL shippers.

No they don't.

That's why they call them postal inspectors instead of UPS inspectors or FedEx inspectors.

Postal inspectors can however, investigate wherever leads may take them.

dyna mo 11-02-2010 03:10 PM

Quote:

Originally Posted by american pervert (Post 17664966)
not unless the package is being handled by a postal employee. fedex does have a contract to fly mail, but the inspectors don't over see fedex packages.

that's incorrect.

wtfent 11-02-2010 03:10 PM

Quote:

Originally Posted by Ayla_SquareTurtle (Post 17664943)
The way I read it, the law would make it legal for personal consumption and cultivation, but leave it up to local government to legislate retail sales laws. Shipping probably wouldn't be very feasible if that's the case as every town would no doubt have their own rules.

Thanks for your two cents, you do bring up a very good point. :thumbsup

american pervert 11-02-2010 03:14 PM

Quote:

Originally Posted by dyna mo (Post 17664983)
that's incorrect.

can you please post links to where you get your info. mine is from my father who worked for the post office for over 35 years and retired a post master.

Vendzilla 11-02-2010 03:25 PM

Right now you can't ship cigarettes, thanks to Barry, so shipping marijuana ain't going to happen for a while

dyna mo 11-02-2010 03:39 PM

Quote:

Originally Posted by american pervert (Post 17664992)
can you please post links to where you get your info. mine is from my father who worked for the post office for over 35 years and retired a post master.

i stand corrected, i was misinformed many years ago and also going on obscenity prosecutions, which i believe, also include shipping obscene material via private carrier.

apparently there is no governmental agency that enforces the laws on private carriers.

SpongeBub 11-02-2010 03:45 PM

Quote:

Originally Posted by wtfent (Post 17664805)
Carriers dont like beer because all the mess it could make it bottles broke, I also heard that UPS has a dont ask dont tell type deal with shipping beer. They say you cant ship beer but yet my beer club beers come from UPS every month.

UPS won't even accept a box that has alcohol labeling on it, regardless of what is actually packed inside.

cherrylula 11-02-2010 03:53 PM

There is a guy here in Louisiana who has medical card from Cali and they send it to him in the mail somehow, maybe not US mail but it gets here. They tried to bust him and he got off and now they leave him alone. I doubt I can dig up the news article but it is true.

candyflip 11-02-2010 04:05 PM

Quote:

Originally Posted by SpongeBub (Post 17665074)
UPS won't even accept a box that has alcohol labeling on it, regardless of what is actually packed inside.

I just shipped some shit today UPS in an old wine box. It was obvious there was no wine in the box, based on the weight...but they had no issues with the box. I didn't even think about it being an issue, so I just used to box as I normally would.

amateurbfs 11-02-2010 04:11 PM

This law is nothing but a mistake.

baddog 11-02-2010 04:16 PM

The wine club I belong to ships me wine via UPS all the time. The only condition is that someone over 21 has to sign for it.

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.
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.
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)

baddog 11-02-2010 04:46 PM

Quote:

Originally Posted by Quentin (Post 17665235)
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.

Bingo. People have completely misinterpreted what this allows. Even though I voted for it, I am not convinced that was the best vote.

SallyRand 11-02-2010 04:58 PM

[QUOTE=dyna mo;17665061]i stand corrected, i was misinformed many years ago and also going on obscenity prosecutions, which i believe, also include shipping obscene material via private carrier.

apparently there is no governmental agency that enforces the laws on private carriers.[/QUOTE}

Sorry, I did not mean to give you that impression by a long shot.

The FBI, DEA, ICC, DOT,BATFE, EPA and a real plethora of federal agencies can and do investigate sommon carriers. I once shipped an engine from Kansas to California and although the engine had been drained of all fluids and sealed up in plastic held in place with copious amounts of duct tape, it still smelled of oil and a bit of gasoline.

BATFE showed up at my door the next day to make inquiries. They actually pulled the oil pan off to see what explosives might have been inside. It did my heart good to see those guys all greasy and smelly in their business suits.

SetTheWorldonFire 11-02-2010 05:01 PM

Did Obama ever go though with stopping raids on medical maijuana user and suppliers?

dyna mo 11-02-2010 05:32 PM

Quote:

Originally Posted by SallyRand (Post 17665338)

Sorry, I did not mean to give you that impression by a long shot.

The FBI, DEA, ICC, DOT,BATFE, EPA and a real plethora of federal agencies can and do investigate sommon carriers. I once shipped an engine from Kansas to California and although the engine had been drained of all fluids and sealed up in plastic held in place with copious amounts of duct tape, it still smelled of oil and a bit of gasoline.

BATFE showed up at my door the next day to make inquiries. They actually pulled the oil pan off to see what explosives might have been inside. It did my heart good to see those guys all greasy and smelly in their business suits.

eh? this wasn't from you, this was from an attorney i hired years ago to advise me on the legalities of shipping adult material.

Penthouse Tony 11-02-2010 05:38 PM

The post office won't allow it for sure until it's legal federally. FedEx and UPS probably wouldn't want to touch it either. Especially since people might try to ship it out of the state.


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