California Proposition 19
Proposition 19 is a wolf in sheeps clothing. It will make medical marijuana illegal, place everyday recreational users at risk of arrest, but keep large scale commercial growers and distributors safe and free.
I was against Proposition 19 from the first time I saw it when signatures were being gathered because it threatened both medical marijuana and religious use.
Both Jack Herer, author of The Emperor Wears No Clothes, and Dennis Peron, co-author of Proposition 215 (medical marijuana), opposed Proposition 19.
To quote Dragonfly De La Luz article Why Pro-pot Activists Oppose The 2010 Tax Cannabis Initiative: 18 Reasons To Vote Know [external link]
People think its legalization, its being sold as legalizationeven though its the opposite of legalization. - Dennis Peron, author of Prop. 215 that legalized medical marijuana in California
Simply put, the Regulate, Control and Tax Cannabis Initiative does not reflect most peoples ideas of what legalization would be. The media often incorrectly reports that this initiative calls for full legalization of marijuana. It does not. In fact, it reverses many of the freedoms marijuana consumers currently enjoy, pushes growers out of the commercial market, paves the way for the corporatization of cannabis, and creates new prohibitions and felonies where there are none now.
The late-Jack Herer, legendary marijuana activist known as the father of the legalization movement, vehemently opposed the initiative. In the last words of his impassioned final speech, moments before the heart attack that would eventually claim his life, he urged people not to support it. Proposition 215 author, Dennis Peron, likewise denounced the initiative, saying it is not legalization, but thinly-veiled prohibition.
Compared to the present status of cannabis in California, many marijuana activists see this initiative as a giant leap backward. Ironically, it appears that marijuana is more legal in California today than it would be if this initiative were to pass.
The initiative itself is a hazy maze of regulations and controls, some of which are ambiguous and confusing even for those well-versed in marijuana law.
In his last speech, Jack Herer said I dont want to fucking give the United States government one fucking dollar of taxes. I think that they should go to fucking jail for getting you and me and 20 million people getting arrested for pot. It is the safest thing you can do in the universe. And that is what we are going to do in California. Okay? Comer over to my booth, over there, and I will see you next time.
Proposition 19 would outlaw medical marijuana patients from taking medication in public, as part of outlawing anyone from using cannabis in public. The police will be able to arrest any user they see, but not the dealers. The whole point of Proposition 19 is to favor and protect a monopoly by a few rich, powerful dealers.
Proposition 19 would outlaw patients from using medical marijuana in their own homes if they have minor children. Proposiion 19 would allow the police to arrest anyone who uses cannabis in sight of children. The proponents of Proposition 19 falsely claim that the police can currently arrest anyone who drinks alcohol in visible sight of a minor, which is obviously false if youve ever been to restaurant that serves beer.
Proposition 19 would require cities to have taxes on cannabis (including medical marijuana) before it is allowed in the city. That might not sound too bad, until you realize the example of the cannabis tax law already passed by the city of Oakland that would only allow four large factory growers of cannabis, charging an annual license fee of $211,000, requiring $2 million in insurance, and imposing an 8 percent of gross sales in tax. That eliminates all small non-profit cooperatives. Note that the New York Times reports that Jeff Wilcox, one of the authors of Proposition 19, intends to spend $20 million developing a company called AgraMed in Oakland.
Under Proposition 215 (medical marijuana) the only limit on the number of plants grown or the amount of cannabis in possession is medical need (as established by a doctors prescription or recommendation). Under Proposition 19 the limit is a single five (5) foot by five foot plot, space for three to six plants (unless the patient is rich enough to afford an expensive indoor grow facitility). And this new limit is per household, not per patient.
Under Proposition 19, medical marijuana would only be legal in cities, not in counties, unincorporated land, and other non-city parts of California.
Proposition 19 would impose restrictive taxes and license fees (with no limit on how high they can be) on personal growing of cannabis. The whole intent of Proposition 19 is to create a legal monopoly controleld by a handful of very rich people. This monopoly will be protected by having the police arrest anyone who dares to grow cannabis for themselves.
Read Dragonfly De La Luz article Why Pro-pot Activists Oppose The 2010 Tax Cannabis Initiative: 18 Reasons To Vote Know [external link]
Also read J. Craig Canadas Santa Cruz County Drug Policy Examiner article Californias Proposition 19 will supersede or amend its medical marijuana laws [external link]
Also read Bruce Cains Detroit Drug Policy Examiner article War breaks out within the marijuana legalization movement [external link]
Also read Bruce Cains Detroit Drug Policy Examiner article War Breaks Out Within the Marijuana Legalization Movement (Part 2) [external link]
Note that the California state Constitution protection of religious freedom would still allow medical marijuana ministers and medical cannabis ministers distribute medical marijuana for religious reasons, but will still require a highly skilled lawyer.
Proposition 19 will make it illegal to have cannabis, including medical marijuana, unless it is purchased from large cannabusiness. There is an exception for growing for personal medical use, but the limit is so small compared to current medical marijuana laws as to force at least some (if not most) of medical marijuana to be purchased.
Proposition 19 will make it nearly impossible for small non-profit medical marijuana collectives, dispensaries, or cooperatives to exist (unlesss someone very rich donates the massive amounts of money required to meet the standards Proposition 19 creates for large cannabusiness to operate.
Proposition 19 was written by those who want a monopoly on cannabis in the state of California and the proposition is specifically designed to drive real medical marijuana out of the state.
It is likely that the state supreme court will rule that there is a religious exemption for medical marijuana ministers, but not all people who sincerely distribute medical marijuana to those in need do that distribution for religious reasons.
blog archive September 2010
The courts have already ruled in multiple cases that a person who starts preparing a religious defense (including gathering certificates and other paperwork) after arrest loses all chance to use the late religious defense. It is essential that you prepare your defense before you are arrested. Adequate preparation may even prevent arrest.
This website is concerned with religious matters and only obliquely discusses the law. I strongly recommend that medical marijuana ministers rely on a high quality lawyer.
I (Milo) use my own religion as an example, because this is the religion I know well. I strongly urge people to get together with their lawyer and prepare a similar discussion for their own religion. Again, my religion is only an example.
Good news: Many people over the years have successfully used Pr Ntr Kmt religious cannabis certificates. The author of this website has personally several times over more than a decade shown various police Pr Ntr Kmt documentation and the police have politely returned the religious cannabis. There are at least two Pr Ntr Kmt cannabis ministers who have been released after the police discovered several pounds of religious cannabis (although the police kept the cannabis). There are numerous real world successes.
Reality: If the government decides it wants to get you, then your only chance is if you can afford a really, really good lawyer.
The law is whatever the government decides the law is.
The rights you heard about in grade school only apply if you can afford a great lawyer. Public defenders are under-budgeted and only want to process paperwork for plea bargains. They simply dont have the time or money for trials.
We dont want to discourage anyone from worshiping with cannabis, but we do want to strongly warn everyone that you have a significant risk of long term imprisonment or worse, especially outside of major industrialized nations.
Please act responsibly. Please hire a lawyer if you can possibly afford to do so.
These web pages contain religious advice. These web pages are not professional legal or medical advice. Nothing on this website should be considered as a substitute or replacement for professional medical, health, or legal advice. All persons should seek the advice of qualified medical, health, or legal providers.
If you spot an error in fact, grammar, syntax, or spelling, or a broken link, or have additional information, commentary, or constructive criticism, please contact Milo at PO Box 1361, Tustin, Calif, 92781, USA.
blog archive September 2010
Copyright © 2010 Milo.
Created: July 17, 2010
Last Updated: August 17, 2010
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