A Change of Heart: Prop 19

[krunchbubble]

Yeah because you are filling up this room....


IF you don't show signs of intoxication. And you let the officer know you are a medical patient. They cant touch you. I don't care if you have 5 pounds in your car drying and curing. Trust me. Got pulled over like that not to long ago. I was let go. Just like any medications or drinking. If you are driving normal, and don't look or physically act impaired. They have no probable cause at the point of letting them know you are a medical patient. Read this.
L.A. Times

http://articles.latimes.com/2010/jan/09/local/la-me-pot-return9-2010jan09


Judge orders CHP to return 60 pounds of marijuana

It had been confiscated from a motorist whose attorney convinced a judge that California's medical marijuana law allowed its transport.
January 09, 2010|By Gerrick Kennedy
With the debate on medical marijuana still at a full boil in Los Angeles, a judge Friday ordered the return of 60 pounds of pot to a man after his attorneys successfully argued that a state law gave him the right to transport it.

Saguro Doven, 33, was initially charged with possession of marijuana for sale and transportation of the drug, a violation of the state's health and safety code.


The marijuana was bundled in individual bags that were tucked inside a larger duffel bag when Doven was pulled over on the 101 Freeway by a California Highway Patrol officer, according to court records.

But defense attorney Glen T. Jonas argued that his client was a member of a Venice-based medical marijuana collective and that he was authorized to transport the marijuana. The California attorney general's guidelines regarding medical marijuana indicate that collectives are allowed to both grow and transport quantities of marijuana for its members.

Jonas said the prosecution's expert witness, CHP Sgt. Richard Fuentes, was unqualified to render an expert opinion in the case because he lacked the knowledge required to distinguish lawful from unlawful possession and transportation of marijuana, according to court records.

Fuentes had testified that only caregivers can transport or carry large quantities of marijuana. The law, however, states that members of a collective may transport marijuana on behalf of the group and are exempt from prosecution.

Los Angeles County Superior Court Judge William Sterling agreed that the prosecution expert was unqualified and ordered the charge of possession for sale dismissed.

On Monday, the Los Angeles County district attorney's office asked that the remaining transportation count be dismissed.

Doven's attorney then asked for the 60 pounds of marijuana to be returned -- a request that was granted. Doven could have faced a maximum of four years in state prison if found guilty.

"Although justice was delayed, I am thankful it wasn't denied," Doven said.

[email protected]

this is interesting. but where is the "hands off policy" this was supposed to establish?

 

[SCF]

this is interesting. but where is the "hands off policy" this was supposed to establish?

Im looking for it. This was about 6 years ago i want to say. there have been threads on here about it here. And news bits about it as well. Where CHP received a letter in all offices one day. Stating that CHP is to have a Hands off policy regarding medical marijuana. Thats not verbatim. But you get the point.

 

[krunchbubble]

Im looking for it. This was about 6 years ago i want to say. there have been threads on here about it here. And news bits about it as well. Where CHP received a letter in all offices one day. Stating that CHP is to have a Hands off policy regarding medical marijuana. Thats not verbatim. But you get the point.

really interesting!

 

[BiG H3rB Tr3E]

im decent on knowing about California laws. making opinionated gestures? if the police, be it cali patrol, local or whatever smells pot or alcohol in your car, there going to search. there not going to let you go and get in an accident later on from being impaired and get sued because they let you go.....

what is this bullshit about if you ell highway patrol your medical its "HANDS OFF POLICY". tell that to my former partner who just got busted two days ago with 6 lb's by the highway patrol on the way to his dispensary....

i better stand on this chair, because the bullshit is getting really high in here......

Damn sounds like yal need to learn how to move more discreetly or maybe drive, I don't know. I do know alot of people move amounts far more than a measly 2 or 6 lbs and have no trouble with it...

It's really not that hard, but after listening to yourbullshit on here it's obvious you and your associates are off your game or have yet to figure it out...

 

[SCF]

really interesting!

Here we go...



https://www.icmag.com/ic/showthread.php?t=40544&highlight=chp


CA Medical Marijuana Policy Signed by CHP, Attorney General, Governor
--------------------------------------------------------------------------------

ASA Lawsuit Settlement Yields Binding "Consent Decree" and $75,000 in
Legal Fees

California's medical marijuana patients are now protected from arrest
and seizure of their marijuana, thanks to a binding agreement between an
advocacy group and state officials.

The signed agreement settles a lawsuit filed last February against the
California Highway Patrol by Americans for Safe Access (ASA) on behalf
of qualified medical cannabis patients who had lost their medicine in
CHP traffic stops. CHP had a policy of seizing any cannabis found,
regardless of whether the officer was shown patient documentation or
not.

On August 22, 2005, as a result of the lawsuit, CHP adopted a new policy
that respects the rights of qualified patients to possess and transport
medical cannabis. The new settlement agreement - signed by CHP officials
and counsel for Attorney General Bill Lockyer and Governor
Schwarzenegger - makes binding the policy adopted last year. Qualified
patients, whether they have a state ID card or not, are allowed to have
either the quantities specified by SB420 or the local county guideline
amounts, whichever is greater.

"We're urging local officials around the state to adopt similar law
enforcement policies," said Kris Hermes, ASA legal campaign director.
"Medical cannabis patients have rights under the law that must be
respected, and this consent decree acknowledges that."

As part of the settlement, ASA received reimbursement of $75,000 in
legal fees for prosecuting the case. ASA received the money yesterday.

"California's private attorney general statute encourages concerned
citizens to fix flawed policy through litigation and allows for the
award of attorney fees where appropriate," said Joe Elford, ASA Chief
Counsel. "This case corrects an egregious policy that completely ignored
the right of sick and dying Californians to possess marijuana for
medical use."

The new consent decree is at
http://www.safeaccessnow.org/downloa...Settlement.pdf.

A photo of ASA staff members with an enlargement of the $75,000 check
can be seen at http://www.safeaccessnow.org/img/original/CHP_

Settlement.jpg.

The CHP policy that went in to effect in August 2005 is at

http://www.safeaccessnow.org/downloa...icy_update.pdf.


With more than 30,000 members, Americans for Safe Access (ASA) is the
largest national member-based organization of patients, medical
professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic uses and research.

 

[krunchbubble]

Damn sounds like yal need to learn how to move more discreetly or maybe drive, I don't know. I do know alot of people move amounts far more than a measly 2 or 6 lbs and have no trouble with it...

It's really not that hard, but after listening to yourbullshit on here it's obvious you and your associates are off your game or have yet to figure it out...

hey things happen! my tail light out, he was going 80 in a 70......

but once in thousands times in not so bad.......

again though, why do you feel like you have to belittle? i guarantee if you see me in person, you would have a different tone......

can we have a decent discussion without the name calling and belittling? really juvenile......

 

[krunchbubble]

Here we go...



https://www.icmag.com/ic/showthread.php?t=40544&highlight=chp


CA Medical Marijuana Policy Signed by CHP, Attorney General, Governor
--------------------------------------------------------------------------------

ASA Lawsuit Settlement Yields Binding "Consent Decree" and $75,000 in
Legal Fees

California's medical marijuana patients are now protected from arrest
and seizure of their marijuana, thanks to a binding agreement between an
advocacy group and state officials.

The signed agreement settles a lawsuit filed last February against the
California Highway Patrol by Americans for Safe Access (ASA) on behalf
of qualified medical cannabis patients who had lost their medicine in
CHP traffic stops. CHP had a policy of seizing any cannabis found,
regardless of whether the officer was shown patient documentation or
not.

On August 22, 2005, as a result of the lawsuit, CHP adopted a new policy
that respects the rights of qualified patients to possess and transport
medical cannabis. The new settlement agreement - signed by CHP officials
and counsel for Attorney General Bill Lockyer and Governor
Schwarzenegger - makes binding the policy adopted last year. Qualified
patients, whether they have a state ID card or not, are allowed to have
either the quantities specified by SB420 or the local county guideline
amounts, whichever is greater.

"We're urging local officials around the state to adopt similar law
enforcement policies," said Kris Hermes, ASA legal campaign director.
"Medical cannabis patients have rights under the law that must be
respected, and this consent decree acknowledges that."

As part of the settlement, ASA received reimbursement of $75,000 in
legal fees for prosecuting the case. ASA received the money yesterday.

"California's private attorney general statute encourages concerned
citizens to fix flawed policy through litigation and allows for the
award of attorney fees where appropriate," said Joe Elford, ASA Chief
Counsel. "This case corrects an egregious policy that completely ignored
the right of sick and dying Californians to possess marijuana for
medical use."

The new consent decree is at
http://www.safeaccessnow.org/downloa...Settlement.pdf.

A photo of ASA staff members with an enlargement of the $75,000 check
can be seen at http://www.safeaccessnow.org/img/original/CHP_

Settlement.jpg.

The CHP policy that went in to effect in August 2005 is at

http://www.safeaccessnow.org/downloa...icy_update.pdf.


With more than 30,000 members, Americans for Safe Access (ASA) is the
largest national member-based organization of patients, medical
professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic uses and research.

going to read this in a bit, got to go dig out this girl.......

 

[rives]

hey things happen! my tail light out, he was going 80 in a 70......

but once in thousands times in not so bad.......

Ironic, considering your sig line. You guys act like it's legal!

 

[BiG H3rB Tr3E]

hey things happen! my tail light out, he was going 80 in a 70......

but once in thousands times in not so bad.......

again though, why do you feel like you have to belittle? i guarantee if you see me in person, you would have a different tone......

can we have a decent discussion without the name calling and belittling? really juvenile......

hahhaha you obviously know not of my person.

#1 I only have one tone. LOUD

#2 I will tell you exactly what I think/feel with little regard


my cuzz calls me mr.freeze because according to him "I'm a cold mafuckr" hahhhaha

 

[krunchbubble]

hahhaha you obviously know not of my person.

#1 I only have one tone. LOUD

#2 I will tell you exactly what I think/feel with little regard


my cuzz calls me mr.freeze because according to him "I'm a cold mafuckr" hahhhaha

i feel ya, im the same way.......

for some reason i feel really passive tonight and dont want to argue......

i really wanted to hear what you guys had to say tonight, but it may have backfired as i am a bit more reluctant to voice my opinion.....

just no fun to debate with shit slanging.......

just figured a calm, collective discussion would be different from the norm......

dont worry, when i wake up sober, ill put my asshole hat back on......


hey, you guys have a good night.........

 

[SCF]

i feel ya, im the same way.......

for some reason i feel really passive tonight and dont want to argue......

i really wanted to hear what you guys had to say tonight, but it may have backfired as i am a bit more reluctant to voice my opinion.....

just no fun to debate with shit slanging.......

just figured a calm, collective discussion would be different from the norm......

dont worry, when i wake up sober, ill put my asshole hat back on......


hey, you guys have a good night.........

You do the same. And i enjoy having intelligent conversations with people.

Take Care,
SCF

 

[El_Kabong]

true quality weed will always command top dollar plus the open market on small amounts of cannabis will drive the price up not down as there won't be a 'not for profit' caveat written into prop 19.

just because it will be legal for all to grow certainly doesn't mean they'll grow good shit, in fact when the market floods with mediocre weed the price for top grade ganja will absolutely sky rocket.

 

[Bigrick31]

I suggest to re-read what you typed there. Especially take a pause at the parts I bold and underlined.

Ok, now here is how I heard what you typed above, please correct me if I am wrong:

You are saying that you have not read Prop 19, that you found a website that says that we will loose our rights. Right?

Also, it sounds like you are frustrated with people because they don't do their research and just take a stance. Instead of doing their due diligence. Right?

I had to-do a double take on your comments. Hopefully you get my point.

Post #21 I clearly state that I have in fact read proposition 19. The opposition that I found and also provided links to that clearly take section of proposition 19 and lists what the issues that they see with said section. You can not tell me it isnt wierd that in prop 19 there is a section that lists laws that prop 19 is not intended to change or amend and prop 215 isnt listed in that section of this bill? Ill tell you what the second I see someone with some power make me a promise that prop 19 wont change prop 215 one bit ill change my stance on the issue.

 

[YackeeDoodle]

Gwanny and da puddy tat say to vote no on pwop 19. I'm gonna vote yes! Fuck gwanny and dat puddy tat!

 

[rives]

Post #21 I clearly state that I have in fact read proposition 19. The opposition that I found and also provided links to that clearly take section of proposition 19 and lists what the issues that they see with said section. You can not tell me it isnt wierd that in prop 19 there is a section that lists laws that prop 19 is not intended to change or amend and prop 215 isnt listed in that section of this bill? Ill tell you what the second I see someone with some power make me a promise that prop 19 wont change prop 215 one bit ill change my stance on the issue.

All of the mentions of "except as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9" refer to 215. Also, look at ABX6 9 for a little more clarity.

 

[Zen Master]

so whats gonna happen when DEA wants to fuck with you? regardless of amount possessed?

still illegal right?

so since MMJ/215 wasn't amending the CSA (controlled substances act) because its through a Dr. its technically 'legal', however if you legalize recreational pot, that would be amending the CSA or in violation of the CSA.... right?

so unless federal law changes, how is this going to change anything from some rogue cop that hates weed and is cross sworn as DEA from dragging your ass through the system?

you think they follow protocol for respecting the voter enacted laws? tell that to all the legit medical patients that have been screwed over by the justice (or lack thereof) system.

 

[rives]

so whats gonna happen when DEA wants to fuck with you? regardless of amount possessed?

still illegal right?

so since MMJ/215 wasn't amending the CSA (controlled substances act) because its through a Dr. its technically 'legal', however if you legalize recreational pot, that would be amending the CSA or in violation of the CSA.... right?

so unless federal law changes, how is this going to change anything from some rogue cop that hates weed and is cross sworn as DEA from dragging your ass through the system?

you think they follow protocol for respecting the voter enacted laws? tell that to all the legit medical patients that have been screwed over by the justice (or lack thereof) system.

Yep, it will still be illegal on a federal level, just like it is now. Incidentally, so is 215. Do you notice any difference between now and 20 years ago? We need to get the camel's nose under the tent.

 

[BiG H3rB Tr3E]

so whats gonna happen when DEA wants to fuck with you? regardless of amount possessed?

still illegal right?

so since MMJ/215 wasn't amending the CSA (controlled substances act) because its through a Dr. its technically 'legal', however if you legalize recreational pot, that would be amending the CSA or in violation of the CSA.... right?

so unless federal law changes, how is this going to change anything from some rogue cop that hates weed and is cross sworn as DEA from dragging your ass through the system?

you think they follow protocol for respecting the voter enacted laws? tell that to all the legit medical patients that have been screwed over by the justice (or lack thereof) system.

See this is why I dont understand the NOs reasoning. Its almost as if, well if we cant get everything right the very first time, why even bother? Hell, why even try? Lets just keep hiding under a rock and hope its the person next to us that gets busted and not me.

I dont like that thinking. We need to continue to push the barrier. Continue to show people that we mean business. MJ smokers have sat around idly long enough. Now is the time to pass 19 and show those asshole in washington that the PEOPLE WANT MJ LEGALIZED.

Will DEA still raid and bust people in a post 19 world? Sure. But the better question is HOW LONG? The more policiticans that start to realize there is a huge public acceptance towards marijuana, the easier it will be for them to fight the federal government and not allow them to raid legal california growers and distributors.

But we need 19 to pass and not only pass, but with landslide numbers. That way they will know that if they dont respect the will of the people, we will vote their asses out at our first chance.

Currently there is nothing else on the ballot to legalize marijuana. If there were a better bill/proposition, I would be supporting that. Unfortunatly, that is not the case. So lets back 19 and continue to work towards more lenianat marijuana laws, until there are none at all.

EDIT:::: I somehow forgot to mention AB6-9 which will be implemented SHOULD 19 pass..... here are just a few key points:

AB6-9

I cherry picked some:

"(l) To prevent state and local agencies from supporting any
prosecution for federal or other crimes relating to marijuana that are inconsistent with those provided in this bill."

No more helping the feds bust people. Counties and cities can't get all renegade.

"(m) To exclude medical marijuana from the fees and regulations
imposed by this act."

Cleared that right up.

" 26020. (a) The department shall license commercial cultivators of marijuana. The fee for the license shall be set at an amount that will reasonably cover the costs of ensuring compliance with the regulations to be issued, but may not exceed five thousand dollars ($5,000) for an initial application, or two thousand five hundred dollars ($2,500) per year for each annual renewal."

That's not expensive for commercial. Quite fair actually.


"(f) Adequate labeling of packages of marijuana to describe the
purity, potency, processing, and any adulteration of the product."

This is a great thing. Consumers will have a product label. If corporations create schwag, then local mom&pops with chronic will shine here.

" 11310. For purposes of this article, "marijuana" and "cannabis" are interchangeable terms that mean all parts of the plant Cannabis sativa L., whether growing or not; the resin extracted from any part of the plant; concentrated cannabis; edible products containing the above; and every active compound, manufacture, derivative, or preparation of the plant or resin.
11310.1. (a) It is lawful and not a violation of California law
for a person 21 years of age or older to personally possess, process, share, or transport not more than 16 ounces of marijuana solely for the individual's consumption and not for resale. (b) Possession of more than 16 ounces of marijuana, except as authorized by paragraph (iii) of subdivision (a) of Section 11300 or another applicable law, is a violation of this article."

Hash is no longer considered controlled substance. The limit gets increased to a pound for everyone! Makes sure to not limit Prop 215 cardholders.


"(b) Except as authorized by law, every person underthe age of 18 18 years of age who possesses not more than 28.5 grams of marijuana, other than marijuana or concentrated cannabis, upon the grounds of, or within, any school providing instruction in
kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a
misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed. (2) A fine of not more than five hundred dollars ($500), or commitment to juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed."

Minimal punishment for underage use. This should make a lot of soccer moms happy.

 

[Zen Master]

Yep, it will still be illegal on a federal level, just like it is now. Incidentally, so is 215. Do you notice any difference between now and 20 years ago? We need to get the camel's nose under the tent.

see I'm medical and I follow the rules, I've been screwed over and honestly my life has suffered in many different ways because of LEO. If I'm a legit medical user following the rules, and I still get harassed, whats to stop them from harassing the massive influx of recreational users as well? "its law, the cops need to respect it" hahah yeah tell that to everyone who's caught charges since '96.

with the jargon in the bill written the way it is, its going to give leo new angles to prosecute, sure you can have pot, but if you don't follow the rules, or if they even suspect you aren't following the rules, I hope you have weeks of time and money to burn because court is fucking bullshit. Oh you're innocent? that's okay, still you're expense to prove it.

you think you're just going to skip around town with an ounce in your pocket burning J's the whole time and nobody will give a shit? Some of you are so naive simply because you've never dealt directly with LEO.

 

[krunchbubble]

see I'm medical and I follow the rules, I've been screwed over and honestly my life has suffered in many different ways because of LEO. If I'm a legit medical user following the rules, and I still get harassed, whats to stop them from harassing the massive influx of recreational users as well? "its law, the cops need to respect it" hahah yeah tell that to everyone who's caught charges since '96.

with the jargon in the bill written the way it is, its going to give leo new angles to prosecute, sure you can have pot, but if you don't follow the rules, or if they even suspect you aren't following the rules, I hope you have weeks of time and money to burn because court is fucking bullshit. Oh you're innocent? that's okay, still you're expense to prove it.

you think you're just going to skip around town with an ounce in your pocket burning J's the whole time and nobody will give a shit? Some of you are so naive simply because you've never dealt directly with LEO.

exactly.......