Pubdate: Mon, 4 Oct 2010 Source: Red Bluff Daily News (CA) Copyright: 2010 Red Bluff Daily News Contact: http://redbluffdailynews.com/ Details: http://www.mapinc.org/media/1079 Author: Richard Mazzucchi Cited: Proposition 19 http://yeson19.com/ Bookmark: http://mapinc.org/find?272 (Proposition 19) THE BUZZ' ABOUT PROPOSITION 19 Under current state law, the possession, cultivation, or distribution of marijuana generally is illegal in California. Possession of less than one ounce of marijuana is a misdemeanor punishable by a fine, while selling marijuana is a felony and may result in a prison sentence. In November 1996, voters approved Proposition 215, which legalized the cultivation and possession of marijuana in California for medical purposes. The U.S. Supreme Court ruled in 2005, however, that federal authorities could continue to prosecute California patients and providers engaged in the cultivation and use of marijuana for medical purposes. Despite having this authority, the U.S. Department of Justice announced in March 2009 that the current administration would not prosecute marijuana patients and providers whose actions are consistent with state medical marijuana laws. Proposition 19 changes state law by legalizing the possession and cultivation of limited amounts of marijuana for personal use by individuals age 21 or older, and authorizing various commercial marijuana related activities under certain conditions. Nonetheless, these marijuana related activities would continue to be prohibited under federal law and it is not known to what extent the federal government would continue to enforce them. Currently, no other state permits commercial marijuana-related activities for non-medical purposes. Under the measure, persons age 21 or older generally may possess, process, share or transport up to one ounce of marijuana; cultivate marijuana on private property in an area up to 25 square feet per private residence or parcel; possess harvested and living marijuana plants cultivated in such an area; and possess any items or equipment associated with the above activities. The possession and cultivation of marijuana must be solely for an individual's personal consumption and not for sale to others, and consumption of marijuana would only be permitted in a residence or other "non public place." The smoking of marijuana in the presence of minors is prohibited. The measure also sustains existing laws that prohibit driving under the influence of drugs or that prohibit possessing marijuana on school grounds. Any person age 21 or older who knowingly gives marijuana to a person age 18 through 20 could be sent to county jail for up to six months and fined up to $1,000 per offense. Prop 19 allows local governments to adopt ordinances and regulations regarding commercial marijuana related activities including marijuana cultivation, processing, distribution, transportation, and retail sales. However it does not permit the transportation of marijuana between California and another state or country nor permit sales to persons under 21. Whether or not local governments engaged in this regulation, the state could, on a statewide basis, regulate the commercial production of marijuana. The state could also authorize the production of hemp, a type of marijuana plant that can be used to make products such as fabric and paper. Prop 19 requires that licensed marijuana establishments pay all applicable federal, state, and local taxes and fees currently imposed on other similar businesses. In addition, the measure permits local governments to impose new general, excise, or transfer taxes, as well as benefit assessments and fees, on authorized marijuana related activities. The purpose of such charges would be to raise revenue for local governments and/or to offset any costs associated with marijuana regulation. In addition, the state could impose similar charges. Prop 19 could result in savings to the state and local governments by reducing the number of marijuana offenders incarcerated in state prisons and county jails, as well as the number placed under county probation or state parole supervision. These savings could reach several tens of millions of dollars annually. The measure would result in a reduction in costs for enforcement of marijuana related offenses and the handling of related criminal cases in the court system. Proposition 19 is carefully crafted to decriminalize personal marijuana use and production so those over 21 years of age may decide if it is something they wish to consume. By so doing it enhances freedom of choice, engenders respect for the law, protects children, regulates marijuana use and production, and significantly reduces burdens on our police, justice, and correctional systems. Vote YES on Prop 19 to halt victimless crimes. - --- MAP posted-by: Richard Lake