Prop 19 discussed on Bill Maher

Alien Allen said:
consumption has to be inside a licensed premise?????????

So unless you go to the city and get a license to smoke at your own house you are breaking the law?

If so fat chance of a lot of people doing that. That would provide a list for the feds when they come after users. IMO
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That's not true either... sheesh people, go read the text of the Proposition :p

Section 11300: Personal Regulation and Controls

(a) Notwithstanding any other provision of law, it is lawful and shall not be a public offense under
California law for any person 21 years of age or older to:

(i) Personally possess, process, share, or transport not more than one ounce of cannabis, solely for
that individual’s personal consumption, and not for sale.

(ii) Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of
the private property owner or lawful occupant, cannabis plants for personal consumption only, in an area
of not more than twenty-five square feet per private residence or, in the absence of any residence, the
parcel. Cultivation on leased or rented property may be subject to approval from the owner of the
property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of
cannabis on any public lands.

(iii) Possess on the premises where grown the living and harvested plants and results of any harvest
and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption.

(iv) Possess objects, items, tools, equipment, products and materials associated with activities
permitted under this subsection.

(b) “Personal consumption” shall include but is not limited to possession and consumption, in any
form, of cannabis in a residence or other non-public place, and shall include licensed premises open to
the public authorized to permit on-premises consumption of cannabis by a local government pursuant to
section 11301.

(c) “Personal consumption” shall not include, and nothing in this Act shall permit cannabis:

(i) 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;

(ii) consumption in public or in a public place;

(iii) consumption by the operator of any vehicle, boat or aircraft while it is being operated, or that
impairs the operator;

(iv) smoking cannabis in any space while minors are present.
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Wyndex said:
Medical marijuana users are already on said list. Thats over 30% of CA's population
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At least they have an excuse. If the feds came after them there would not be public support for doing that. Most agree with the medical use. Still a lot are against recreational use unfortunately

The war on drugs is nothing but a cash cow for the govt

And it is not winnable the same as the war on booze back in the day
 
retro said:
That's actually an incorrect statement...



Commercial distribution wouldn't be illegal, you would have to be licensed to grow and sell.

Not to mention the fact that it would be legal for individuals to grow for their own personal use as well.
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But how does Proposition 19 bypass federal law?
From what I have read, doctors get away with prescribing it to patients medicinally through the 1st ammendment, somehow.
 
Zorak said:
But how does Proposition 19 bypass federal law?
From what I have read, doctors get away with prescribing it to patients medicinally through the 1st ammendment, somehow.
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It doesn't bypass federal law... it would be illegally under federal law, but legal under California law. If the feds decided to come after licensed distributers, it would end very badly, and probably end up in the Supreme Court eventually. In addition, if they wanted to go after those distributers, they could have gone after the licensed ones that dispense medical marijuana, and have been doing so since 1996.
 
retro said:
It doesn't bypass federal law... it would be illegally under federal law, but legal under California law. If the feds decided to come after licensed distributers, it would end very badly, and probably end up in the Supreme Court eventually. In addition, if they wanted to go after those distributers, they could have gone after the licensed ones that dispense medical marijuana, and have been doing so since 1996.
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Thanks to the SC bastardization of the commerce clause I am sure CA would lose if it went to the SC
 
Wyndex said:
thats the idea with this prop.
but distribution is what is going to be taxed, seeing as it will be legal. the ads against it make it sound even more amazing:

look at this bullshit propaganda

http://www.youtube.com/watch?v=s87O7Jm8VH8&feature=fvw
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That was pretty funny.

Was that on tv? That must be against the law, I know here you can't just spread propaganda about on the tv. Trade descriptions and all that.
 
Wyndex said:
That's a really big state to go after. What a waste of money
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They would have no choice IMO

Otherwise there would be selective enforcement. If somebody in another state gets nabbed by the DEA then they can claim there were treated differently.

I hope it passes because this would be one of the few laws out of CA that made sense. And as CA goes the country seems to follow.
 
retro said:
It doesn't bypass federal law... it would be illegally under federal law, but legal under California law. If the feds decided to come after licensed distributers, it would end very badly, and probably end up in the Supreme Court eventually. In addition, if they wanted to go after those distributers, they could have gone after the licensed ones that dispense medical marijuana, and have been doing so since 1996.
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Hmmm, ok. I get it now. I still feel uneasy about the whole proposition. It's kind of like counting chickens.
But then the US federal law seem so draconian towards cannabis law, it's hard to see them ever rescinding or softening their stance officially.
 
Alien Allen said:
The feds choose to not enforce the medical pot law

Not the case with prop 19. FEDS said they would go after people.
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They have to say that... whether they actually will or not is another matter. California could claim that it is a violation of our laws for them to prosecute our citizens for something that is legal under state law. Going after marijuana distributers would be a logistical and public relations nightmare for the federal government. It just isn't worth the time, resources, or headache to do so. They can talk all they want about it, but chances are they won't actually do anything. Especially if it looks like California is receiving tax revenue for it, and it cuts down on cartel violence and trafficking.
 
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