Wednesday, November 10, 2010

Prop 19,

Proposition 19, also known as the Regulate, Control & Tax Cannabis Act, was a ballot initiative on the November 2, 2010 California statewide ballot. It was ultimately defeated, with 54% of California voters voting "No", and 46% voting "Yes".If passed, it would have legalized various marijuana-related activities, allowed local governments to regulate these activities, permitted local governments to impose and collect marijuana-related fees and taxes, and authorized various criminal and civil penalties. In March 2010, it qualified to be on the November statewide ballot. It required a simple majority in order to pass, and would have taken effect the day after the election. Yes on 19 was the official advocacy group for the initiative, and California Public Safety Institute - No On Proposition 19 was the official opposition group.
Proponents of Proposition 19 argued that it would help with California's budget shortfall, cut off funding to violent drug cartels, and redirect law enforcement resources to more dangerous crimes, while opponents claimed that it contains gaps and flaws that mayProxy-Connection: keep-alive
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0have serious unintended consequences on public safety, workplaces, and federal funding. However, even if the proposition had passed, the sale of marijuana would have remained illegal under federal law via the Controlled Substances Act.




Legalization of personal marijuana-related activities

Except as permitted under Proposition 215 and SB 420 laws, persons age 21 and older may:
  • possess up to 28.5 grams (1 oz) of marijuana for personal consumption.
  • use marijuana in:
    • a non-public place such as a residence
    • a public establishment licensed for on site marijuana consumption.
  • grow marijuana at a private residence in a space of up to 25 square feet (2.3 m2) for personal use.

[edit] Local government regulation of commercial production and sale

Local governments may:
  • Authorize the retail sale of up to 28.5 grams of marijuana per transaction to persons 21 and older.
  • Regulate the location, size, hours of operation, and signs and displays of the establishments authorized to make these sales.
  • Authorize larger amounts of marijuana for:
    • personal possession and cultivation, or
    • commercial cultivation, transportation and sale.

[edit] Other permissions

  • Allows for the transportation of marijuana from a licensed premises in one city or county to a licensed premises in another city or county, without regard to local laws of intermediate localities to the contrary.
  • Allows the collection of taxes to allow local governments to raise revenue or to offset any costs associated with marijuana regulation.

[edit] Maintenance and addition of criminal and civil penalties

  • Maintains existing laws against selling drugs to a minor and driving under the influence.
  • Maintains an employer's right to address consumption of marijuana that affects an employee's job performance.
  • Maintains existing laws against interstate or international transportation of marijuana.
  • Every person 18 years of age or older who hires, employs, or uses a minor in transporting, carrying, selling, giving away marijuana, or knowingly sells or gives away marijuana to someone under the age of 14, shall be imprisoned in state prison for a period of three, five, or seven years.
  • Every person 18 years of age or older who knowingly sells or gives away marijuana to someone older than the age of 14 but younger than 18, shall be imprisoned in the state prison for a period of three, four, or five years.
  • Every person 21 years of age or older who knowingly sells or gives away marijuana to someone older than the age of 18 but younger than 21, shall be imprisoned in county jail for up to six months and fined up to $1,000 per offense.
  • Any person who is licensed, permitted, or authorized to sell marijuana, who knowingly sells or gives away marijuana to someone under the age of 21 results in them being banned from owning, operating, or being employed by a licensed marijuana establishment for one year.











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