Prop. 19 FAQ

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Does Proposition 19 overrule the medical marijuana laws of California?

No. Proposition 19 is designed to, among other things, "[p]rovide easier, safer access for patients who need cannabis for medical purposes." Although a statement of purpose is not necessarily controlling, courts generally look to it in interpreting the statute's language. The purpose of Proposition 19 is not to overturn Proposition 215 or any other state or local medical cannabis law.

Does Proposition 19 make it a crime to smoke marijuana in public?

No. Proposition 19 maintains the status quo. It neither authorizes, nor prohibits such conduct.

Does Proposition 19 make it a crime to smoke in front of your children?

No. Proposition 19 maintains the status quo. It neither authorizes, nor prohibits such conduct. The normal child endangerment laws remain in effect.

Will Proposition 19 allow localities to ban medical marijuana dispensaries?

Unclear. Currently, there is no legal authority stating that localities must regulate dispensaries under Proposition 215 and SB 420. Proposition 19 allows for local regulation of medical cannabis sales, but only when consistent with the purpose of the initiative and with California medical cannabis laws.Regardless whether or not Proposition 19 is adopted, ASA will continue to fight against local bans of medical cannabis collectives and cooperatives.

Does Proposition 19 hurt patients?

No. While it is possible there will be unanticipated consequences and legal controversy, nothing in the text of Proposition 19 is designed to deny any rights to medical cannabis patients.

Would legalizing cannabis help patients?

ASA believes that the legalization, taxation and/or regulation of cannabis for non-medical purposes are separate from the regulation of medical cannabis. While it is possible that the taxation and regulation of cannabis at the local or state level may improve conditions for medical cannabis patients and providers, there is no guarantee of this outcome. It is vital we continue to advocate for the rights of patients and increased scientific research.

Does ASA support or oppose Proposition 19?

Neither. ASA's mission is to ensure safe and legal access to cannabis for therapeutic uses and research. We take no position on Proposition 19, because it lies outside the scope of our focus and area of expertise. Our neutral position should not be interpreted as support or opposition.

Is Proposition 19 the most important issue for medical cannabis in this election?

No. Medical cannabis opponent and LA County District Attorney are seeking to be California's next Attorney General. Medical cannabis advocates must help defeat Cooley to protect safe access in the state. If Cooley is elected as our next Attorney General, he will rewrite or repeal the Attorney General's medical cannabis guidelines - possibly misinterpreting state law to forbid sales of cannabis in legal patients' collectives, stop all transportation of medicine, and close the storefronts patients rely on for safe access every day. Cooley will file amicus briefs opposing medical cannabis and aggressively prosecute patients and growers. He will support bad legislation to roll back safe access.

Who supports Proposition 19?

The National Black Police Association, retired United States Surgeon General Dr. Joycelyn Elders, Harvard Economist Jeffrey Miron, Congressman Pete Stark (CA-13), Congressman Dan Hamburg (CA-1) (Ret.), Congressman Pete McCloskey (CA-11) (Ret.), California State Senate President Pro Tem Don Perata (Ret.), California State Senator Mark Leno, California State Senator Tom Hayden (Ret.), California State Assemblymember Tom Ammiano, California State Assemblymember Hector De La Torre, California NAACP, California Libertarian Party, California Green Party, California Young Democrats, Republican Liberty Caucus, ACLU of Northern California, ACLU of Southern California, ACLU of San Diego, and many other individuals and organizations in law enforcement, elected office, social justice, faith-based programs, many medical and non-medial cannabis consumers, and more. See Endorsements | for a complete list of endorsers.

Who opposes Proposition 19?

The California Beer & Beverage Distributors donated $10,000 to Public Safety First, a political action committee organized to oppose the proposition. The California Narcotics Officers' Association donated $20,500; the Cal Police Chiefs Association contributed $30,000. The California Correctional Supervisors Organization donated $7,500. The Placer County Deputy Sheriff's Association, the California Peace Officers Association, the California District Attorney Association and the Peace Officers Association of Los Angeles County have all contributed, as well. Los Angeles County Sheriff Lee Baca has been an outspoken opponent. Earlier this month, current and former heads of the Drug Enforcement Administration held a press conference in Washington to oppose the proposition and urge the White House to sue to stop it if it passes. (Data from the Huffington Post)

News Hawk: User: 420 MAGAZINE
Source: Americans for Safe Access
Copyright: 2008 Americans for Safe Access
Website: ASA : Proposition 19 FAQ
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