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News (Media Awareness Project) - US CA: OPED: The Buzz' About Proposition 19
Title:US CA: OPED: The Buzz' About Proposition 19
Published On:2010-10-04
Source:Red Bluff Daily News (CA)
Fetched On:2010-10-06 15:41:27
THE BUZZ' ABOUT PROPOSITION 19

Under current state law, the possession, cultivation, or distribution
of marijuana generally is illegal in California. Possession of less
than one ounce of marijuana is a misdemeanor punishable by a fine,
while selling marijuana is a felony and may result in a prison
sentence. In November 1996, voters approved Proposition 215, which
legalized the cultivation and possession of marijuana in California
for medical purposes.

The U.S. Supreme Court ruled in 2005, however, that federal
authorities could continue to prosecute California patients and
providers engaged in the cultivation and use of marijuana for medical purposes.

Despite having this authority, the U.S. Department of Justice
announced in March 2009 that the current administration would not
prosecute marijuana patients and providers whose actions are
consistent with state medical marijuana laws.

Proposition 19 changes state law by legalizing the possession and
cultivation of limited amounts of marijuana for personal use by
individuals age 21 or older, and authorizing various commercial
marijuana related activities under certain conditions. Nonetheless,
these marijuana related activities would continue to be prohibited
under federal law and it is not known to what extent the federal
government would continue to enforce them. Currently, no other state
permits commercial marijuana-related activities for non-medical purposes.

Under the measure, persons age 21 or older generally may possess,
process, share or transport up to one ounce of marijuana; cultivate
marijuana on private property in an area up to 25 square feet per
private residence or parcel; possess harvested and living marijuana
plants cultivated in such an area; and possess any items or equipment
associated with the above activities. The possession and cultivation
of marijuana must be solely for an individual's personal consumption
and not for sale to others, and consumption of marijuana would only
be permitted in a residence or other "non public place."

The smoking of marijuana in the presence of minors is prohibited.

The measure also sustains existing laws that prohibit driving under
the influence of drugs or that prohibit possessing marijuana on
school grounds. Any person age 21 or older who knowingly gives
marijuana to a person age 18 through 20 could be sent to county jail
for up to six months and fined up to $1,000 per offense.

Prop 19 allows local governments to adopt ordinances and regulations
regarding commercial marijuana related activities including marijuana
cultivation, processing, distribution, transportation, and retail sales.

However it does not permit the transportation of marijuana between
California and another state or country nor permit sales to persons under 21.

Whether or not local governments engaged in this regulation, the
state could, on a statewide basis, regulate the commercial production
of marijuana.

The state could also authorize the production of hemp, a type of
marijuana plant that can be used to make products such as fabric and paper.

Prop 19 requires that licensed marijuana establishments pay all
applicable federal, state, and local taxes and fees currently imposed
on other similar businesses.

In addition, the measure permits local governments to impose new
general, excise, or transfer taxes, as well as benefit assessments
and fees, on authorized marijuana related activities.

The purpose of such charges would be to raise revenue for local
governments and/or to offset any costs associated with marijuana regulation.

In addition, the state could impose similar charges.

Prop 19 could result in savings to the state and local governments by
reducing the number of marijuana offenders incarcerated in state
prisons and county jails, as well as the number placed under county
probation or state parole supervision. These savings could reach
several tens of millions of dollars annually.

The measure would result in a reduction in costs for enforcement of
marijuana related offenses and the handling of related criminal cases
in the court system.

Proposition 19 is carefully crafted to decriminalize personal
marijuana use and production so those over 21 years of age may decide
if it is something they wish to consume.

By so doing it enhances freedom of choice, engenders respect for the
law, protects children, regulates marijuana use and production, and
significantly reduces burdens on our police, justice, and correctional systems.

Vote YES on Prop 19 to halt victimless crimes.
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