High on Proposition 19, Tom Ammiano gets regulation bill ready

nope we already have good laws and freedom [ame="http://www.youtube.com/watch?v=xd3vBvPWTqw"]YouTube - How Prop19 affects medical patients[/ame]

 

ABX6 9 Assembly BILL, 6th Extraordinary Session - INTRODUCED

Reading through it now, but what I've read so far sounds good. The only problem may be that the DABC is in control of this, but this may be a cost savings measure(Why create another regulatory body when one is available with a similar purpose).

 

its not going to affect medical patients. its giving us more rights.

 

Have you noticed the only people that say No are the ones who grow or have MMJ card???

 

You gotta be kidding me. How selfish can you be as a cannabis user, either medical or not, to oppose 19.

I've heard a bit of talk between "no on 19" voters who smoke weed and in every case they are, in one way or another, profiting from selling to medical patients.

Unbelievably selfish.

The facts for yes on 19 are overwhelming. This prop could seriously cripple mexico's drug cartels, help CA's extreme deficit and help fix our failed educational system.

Every half thought out argument for no on 19 is because of marijuana's negative stigma. If you smoke then you know the joys of the plant, and how much good it can bring and you still opt to selfishly keep it to the medical community only, then you've got some serious problems.

Edit: If for no reason at all, you should pass this so everyone else can experience the wonders of weed without being a criminal in the eyes of the law.

 

i have a card and im going to vote yes.

 

Thank you for confirming what I assumed that video would be about. I started watching it, then thinking to myself.. what reason could someone have to oppose marijuana who already smokes? None but in self interest. I guess even this great plant cant cure selfishness. =[ sadface

 

I just read this article about how polls are starting to trend more towards people opposing it than approving it. Most Californians oppose legalizing marijuana: poll | Reuters Not good! Gotta get the word out! Like 20% of my family + extended family smoke, but i will bring up prop 19 over meals and such just to try and recruit more votes!

Make sure you talk to people about this, and MAKE SURE YOU VOTE!

We need every vote we can get people! If it doesnt happen this year than I dont think it'l happen for a while!

 

Some highlights:

All this regulation is for recreational marijuana, not medical.

This bill sets up a system of three: Licensed Cultivator, Licensed Wholesaler, Licensed Retailer.
This is the same system the beer industry uses.(Brewer, distributer, retailer)

Cultivators and Wholesalers must provide a plan for security of their marijuana, and any employees who are not 21/older cannot handle the marijuana(transport, processing, packing, etc).
Must provide a method of tracking the marijuana location to location(no 'we lost a few boxes out of the truck, opps")
Also no getting high on the job.

In regards to wholesalers(who receive the plant and may process it into a product for retail):

If a company puts shit in the marijuana, they must say so.

Wholesale and Cultivating licenses shall be no more than $5,000, and no more than $2,500 annually(renewal).


Retail.
inspection and tracking system(marijuana must come from a wholesaler, not a dealer off the street).

Bad shit happens if you sale to a minor(under 21) including any criminal charges on the books.

New regulations shall be enforced 30 days after being issued.

Changing GOVERNMENT CODE 68152 relating to Marijuana and Misdemeanors and destroying court records(didn't really understand it).

No smoking of marijuana or tobacco in private residence if it is a licensed day care during hours of operations, and no smoking where children are present in this day care. City or counties may have more strict ordinances if they wish.

Amending Section 11014.5 of the Health and Safety Code, so that "drug paraphernalia" no longer includes marijuana paraphernalia.

Remove marijuana (and Tetrahydrocannabinols) as a California Controlled Substance Schedule I.

Prop 19 gives you 1 oz, this gives you 16.

One oz can be sold to you per transaction.

Shit happens if you buy from a non-licensed retailer, or if a retiler does nto follow the rules(1 oz at a time).

21+ can smoke or injest marijuana on a licensed premise or in a "residence or other nonpublic place".

It is a violation of that article to smoke in public(this doesn't apply to medical marijuana remember).

It is legal for a 21+ person to be under the influence of marijuana.

You may not cultivate marijuana unlicensed except:
If you are 21+;
In compliance with Section 11300
Licensed nursery may cultivate seeds, and destroy those not sold before maturing(no plants).
(I think all of this makes selling seeds legal for those licensed, not limiting what you can grow at home, that is guaranteed under prop 19)

You may not buy/sell/cultivate marijuana for minors.
You may not sell/transport marijuana into a state that marijuana is not legal.
A minor must not posses marijuana.

Different violations:
A) Infraction and no more than $100 (for possessing more than 16 oz violation)
B) misdemeanor (for selling more than 1 oz, for selling not being licensed)
C) Infraction and no more than $100 (for smoking in public)
D) misdemeanor, imprisonment for no more than 10 days (For unlawful cultivation)
E) infraction and no more than $100 (for providing/selling to minors, though this says does not preclude other punishments)
F) felony (the trafficking or intent to traffic into a state where marijuana is illegal)
G) infraction and no more than $100 (for being a minor in possession of marijuana)

I believe this makes hemp legal, correct me if i'm wrong.

State or local money, as well as personnel shall not be used in enforcing federal law inconsistent with this law.

Still illegal to be impaired while driving or bringing marijuana to K-12 school.

I believe this is consistent with laws regarding alcohol and tobacco.

Section 11357 of the Health and Safety Code is amended to remove the marijuana parts($500 fine and imprisonment, misdemeanor for possessing more than 1 oz, etc). Removes 11357 (a),(b),(c),(d).

Fines for people possesing on school grounds(both 18+ and 18 under)

Removes this:

Damn this getting long..more later...

 

Continued:
Removed heftier penalties for transporting/importing into California.


Removes some marijuana paraphernalia from the definition of drug paraphernalia again in California Health and Safety Code Section 11364.5, including:

Marijuana wording removed from Health/Safety Code 11470(things subject to forfeiture)

Repeals Section 11485 of Health/Safety Code(regarding peace officer with search warrant discovering materials used in cultivating, harvesting, processing, transporting marijuana)

No longer illegal to be under the influence or posses marijuana paraphernalia in public space.

Removes "Level 1 offense" under section 11703(Health/Safety) for cultivating 25-50 plants, furishing 1 oz or possesing 4 pounds of marijuana.
Removes "level 2 offense" of 50-75 plants, sale of 4-8 pounds or more, furnishing 1-5 pounds.
Same with level 3, level 4.

Removes marijuana wording from Section 11705(persons may bring an
action for damages caused by an individual's use of an illegal
controlled substance)


We are now unto the Marijuana Fees part or "the Marijuana Supplemental Fee Law".

I believe this means $50 per oz until the regulatory body determines a more appropriate fee. Will soon find out what 34032 is.

Fees will goto into a Drug Abuse Prevention Supplemental Funding Account.

This makes the marijuana tax capped at $50, and can be lowerd if the State Department of Alcohol and Drug Programs can run its programs with a lower fee. Reviewed every year.

Section 23222 of the Vehicle Code is amended allowing the operator of a motor vehicle to posses up to 16 oz(same as what is legal while not driving).
Also driver may not ingest any amount of marijuana. Marijuana must be in a locked compartment/container.
Violation is an infraction and fine of no more than $100.

Section 40000.15 of Vehicle Code is amended to reflect the change of vehicle possession from misdemeanor to infraction.

Section 18901.3 of the Welfare and Institutions Code is amended, removes marijuana related(cultivating, harvesting, processing). This section is about the right of a drug felon to receive food stamps.

There you have it, the (mostly) important bits.

 

So the tl;dr version:
There will be licensed: Nursery(Seed Sellers), Cultivators(Plants), Wholesalers(Processors), and Retailers(Sales to consumers).

Wholesalers must label what went into the product.

16 oz possession will be legal.

Possession of more than 16 oz: infraction and no more than $100 fine.

Possession/use by minor, infraction and no more than $100 fine.

Possession of more than 16 oz, marijuana not locked in compartment/container, and/or ingestion while driving: infraction, fine no more than $100.

Sales to minor is misdemeanor and may be illegal in conjunction with other laws.

No marijuana on K-12 school grounds.

Trafficking/transporting(including intent) to a state where marijuana is illegal is a felony.

State and local cops(as well as state/local funds) cannot be used in enforcement of federal law in contradiction with this law.

California drug paraphernalia laws do not apply to marijuana equipment.

Hemp is legal.

$50/oz tax on retail marijuana, maximum (can be lowered if programs funded by tax can run with a lower tax, reviewed annually).

Medical Marijuana unaffected by these laws.


I hope 19 passes so this bill can pass. I also believe this is the first draft introduced, and may be subject to some amendments before being up for a vote.

 

did i read this wrong it does it say that driving while high is only going to cost you a ticket?

 

I tried my best to summarize. I believe from my reading(I'm not a lawyer), that you will be given an infraction and a fine of no more than $100.

However:

So its going to cost you about $100, and may also carry a DUI.

 

Actually let me clarify.

It says:

This is not the same as driving while high(otherwise known as a Driving Under the Influence).

If you are found to have ingested, that is a separate offense(an infraction) from the DUI, as you can ingest a small amount and probably still be sober.

This part of it probably covers any future tech(the marijuana "breathalyser") that may reveal you have ingested any amount of marijuana.
Until that breathalyser equivalent is made, and some research into the numerical amount of how much marijuana/THC is safe to have and drive is published, there will have to be a zero tolerance law.

Most likely an officer will fine you, and you can fight it using a blood test showing there hasn't been marijuana in your system in the last 28 days.

 

I think what it is saying is along the same lines as having an open container of alcohol in the car. $100 fine if you get caught with a open bag or half burnt joint in your car. If you are under the influence it would be a DUI.