Feb2006er
Active member
I would like to know what % of in state residents vs out of state residents want Prop 19 passed, or not.
I am an in state resident who will be voting NO for the following reasons:
§11300 legalizes possession, processing, and transportation of up to an ounce for personal consumption and cultivation of up to 25 square-feet for personal use. It also prohibits consumption in public and smoking marijuana anywhere children are present as well as sales except by licensed vendors. Neither the words "city", "county", or "local government" appear in this section. Since the impact of this initiative on California's current medical marijuana laws is exempted only for "cities" and only with regard to "sales", "tax", "possession" and "consumption" of marijuana, it could be interpreted to set limits for patients on possession and consumption in unincorporated areas where the local jurisdiction is the county.
Since "cultivation" is nowhere in the document related to the exemption for current California medical marijuana law, ROT 2010 could be used to set marijuana cultivation limits statewide, for medical patients as well as recreational users.
This is all the more likely because recently the California Court of Appeals struck California Health & Safety Code §11362.77 enacted by the legislature which limits the number of plants and weight of dried bud medical marijuana patients can have because it conflicts with Proposition 215 (§11362.5) which has no limits. This matter is currently on appeal to the California Supreme Court.
Since ROT 2010 as an initiative has the same authority as Proposition 215 and is 14 years afterwards, it could well be argued that it was the intent of the voters to set limits where there were none, or to allow each city or county to set limits on how much patients may cultivate and possess. This possibility is further supported by the conspicuous absence of Health & Safety Codes 11362.5 and 11362.7 through 11362.83 in the list of California laws ROT 2010 is not intended to affect in Section 2, C - Intent.
http://www.examiner.com/x-14883-Santa-Cruz-County-Drug-Policy-Examiner~y2009m8d16-Oaklands-marijuana-legalization-initiative-is-still-a-Trojan-Horse
I am an in state resident who will be voting NO for the following reasons:
§11300 legalizes possession, processing, and transportation of up to an ounce for personal consumption and cultivation of up to 25 square-feet for personal use. It also prohibits consumption in public and smoking marijuana anywhere children are present as well as sales except by licensed vendors. Neither the words "city", "county", or "local government" appear in this section. Since the impact of this initiative on California's current medical marijuana laws is exempted only for "cities" and only with regard to "sales", "tax", "possession" and "consumption" of marijuana, it could be interpreted to set limits for patients on possession and consumption in unincorporated areas where the local jurisdiction is the county.
Since "cultivation" is nowhere in the document related to the exemption for current California medical marijuana law, ROT 2010 could be used to set marijuana cultivation limits statewide, for medical patients as well as recreational users.
This is all the more likely because recently the California Court of Appeals struck California Health & Safety Code §11362.77 enacted by the legislature which limits the number of plants and weight of dried bud medical marijuana patients can have because it conflicts with Proposition 215 (§11362.5) which has no limits. This matter is currently on appeal to the California Supreme Court.
Since ROT 2010 as an initiative has the same authority as Proposition 215 and is 14 years afterwards, it could well be argued that it was the intent of the voters to set limits where there were none, or to allow each city or county to set limits on how much patients may cultivate and possess. This possibility is further supported by the conspicuous absence of Health & Safety Codes 11362.5 and 11362.7 through 11362.83 in the list of California laws ROT 2010 is not intended to affect in Section 2, C - Intent.
http://www.examiner.com/x-14883-Santa-Cruz-County-Drug-Policy-Examiner~y2009m8d16-Oaklands-marijuana-legalization-initiative-is-still-a-Trojan-Horse
