Proposition 19 is a wolf in sheep’s 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 it’s legalization, it’s being sold as legalization—even though it’s the opposite of legalization.” - Dennis Peron, author of Prop. 215 that legalized medical marijuana in California
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Simply put, the Regulate, Control and Tax Cannabis Initiative does not reflect most people’s 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.
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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.[1] Proposition 215 author, Dennis Peron, likewise denounced the initiative, saying it is not legalization, but “thinly-veiled prohibition.”[2]
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 don’t 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 you’ve 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 author’s 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 doctor’s 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 Canada’s Santa Cruz County Drug Policy Examiner article “California’s Proposition 19 will supersede or amend its medical marijuana laws” [external link]
Also read Bruce Cain’s Detroit Drug Policy Examiner article “War breaks out within the marijuana legalization movement ” [external link]
Also read Bruce Cain’s 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.
