Great post Useless! Good debate is nothing if people don't sit down and analyze the pro's and con's.
I feel that the pros outweigh the cons...The big one being it would be legal for adults 21 or over to carry cannabis with them whenever and wherever they want and not have to fear going to jail.
I had some thoughts on a couple of your points. But I think your on the right track to figuring things out.
I feel that the pros outweigh the cons...The big one being it would be legal for adults 21 or over to carry cannabis with them whenever and wherever they want and not have to fear going to jail.
I had some thoughts on a couple of your points. But I think your on the right track to figuring things out.
Originally Posted by Useless
There are benefits and relief in the bill, that I can't argue. Pro's of the bill -
1) Anyone can have an oz. in their possession without fear of arrest or even a ticket. As it is now, non mmj smokers will get a ticket and $100 fine.
Or go to jail for violation of probation, `10's of thousands of cannabis users are on some type of probation
2) Any person can grow in their residence, a 5x5 plot. Plant count is irrelevant. Any amount you can harvest from the plot, is allowed to be stored on the premises of the plot.
3) It allows for research. Awesome!
4) The biggest pro to the bill imo - It promotes an active hemp industry. This is huge. This will mean a lot of jobs and money.
5) The bill does allow for amendments by statewide vote.
6) I read that the laws would be retro active, and anyone currently in jail for mj that met this bills requirements would be released. I can not find that language in the current version of the bill however.
Now, here are some negatives or at least questionable points -
1) The bill states it does not override Prop215. Great. BUT, Prop215 has no plant guidelines in it. The new bill has a 5x5 plot limit. Even though the bill states it does not change anything with Prop215, it also says "Notwithstanding any other statute or current law" (Notwithstanding - in spite of. regardless of) therefore, does this mean the new bill will limit mmj patients to a 5x5 plot? It certainly seems like an argument could be made to that effect since Prop 215 does not discuss plant limits or quantity of medicine. This is my primary concern with the bill.
If you are a medical cannabis user with a Doctors recommendation, your under Prop215 and SB420. 215 can only be overturned by a specific voter challenge. So say Joe Medical gets busted by his local popo because he is over the 5x5...when he goes to court he shows his rec and that's where 215 comes in. If you look at a rec it states, " Recommendation for Medical Use of Cannabis Under the Provisions of California Compassionate Use Act of 1996{Prop 215} California Health and Safety Code 11362.5
So if your medical...you have nothing to worry about with this law.
2) It does not allow anyone under 21 to smoke. That is wrong imo. If you are 18, you can buy cigs, go to war etc. If someone is old enough to fight for our country, they should be allowed to smoke as well. Your 19 y/o soldier nephew can kill people, but can't smoke a J.
Very true...this is a shitty part of the law.
3) If you go over the 5x5 plot size, go to jail. (??) This isn't so bad for the casual smoker. But heavy smokers like me can burn through a 5x5 area of OG Kush (small small yields) before the next crop finishes. This will effect outdoor growers far more than indoor. If you can only grow a 5x5' plant outdoors once a year, that isn't going to last even the casual smoker until the next years harvest.
If you need to smoke more than what 5x5 can produce { wheres Anti??} then just get a card. most people that smoke that much do already have a card anyway. Also remember that is the lowest amount of space and cannot be lowered but it can however be raised. I am sure it will be is some places right off the bat and more as time moves on.
4) It requires a license and zoning permits similar to alcohol. Now, the actual cost of an alcohol license in my area is about $15-25K, and up to $50K USD, depending on location. I know a lot of bar owners and managers, and all have told me it took $100-$150K to get the license, after greasing the right hands. This seems to tip the law in favor of corporate America, not the individual smoker.
I agree, it costs tons to open a bar or liquor store...but come on now...how many of the liquor stores or bars in your average neighborhood are owned by a corporation. In my city we have tons of bars and liquor stores, near the beach, they are all mom and pop.
5) Considering Richard Lee's current monopoly in Oakland with cannabis clubs it seems to solidify that monopoly. IMO, RL is a douche and is out solely for $$$$, not for patients or smokers or even the plant. But, that is a personal opinion, and not necessarily a wise argument to pursue, so I won't. Just rubs me the wrong way.
He doesn't have a monopoly as you say...since when does he own all 4 clubs in Oakland? But yeah he's a real asshole for trying to make a buck....totally unAmerican of him
6) You can't purchase more than oz. It has to be purchased through a retailer. Your buddy with the 5x5' plot can't sell it to you. He can give it to you, but how many people are going to give away ounces when they can only grow in a 5'x5'?
This is where the...And why is cannabis different than any other commodity question....Change out booze for cannabis in your scenario and there are laws already against it. I think too many stoners have spent too much time day dreaming about legalization that when its a reality, they still want what the dream was like. To those I say wake up. This is the real world and when this becomes legal, it will be just like everything else.
7) There is supposed to be a $50 per oz tax. That means, if selling retail it's $800 per Lb. in tax. It is extremely difficult to speculate on a non regulated market, so attempting to guess what prices will to is pointless. Again, can not find this language in the current version. If we aren't going to impose a tax, what good is this bill?
8) If local authorities are left to regulate the industry, then people in the Bay, NoCal, and LA are golden, but really the rest of the state is screwed. San Diego is still fighting prop 215. They are not going to allow commercial operations, neither will San Berdoo, Marin, or any other hard liner county. The state needs to set the rules here.
This law is far from perfect I totally agree with most of you on that. But it's a start. The rest of the WORLD is watching this and if this passes...more places will follow.