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ICMAG Administration endorses The Regulate, Control and Tax Cannabis Act of 2010

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Hydrosun

I love my life
Veteran
Wow! One sentence can get it right for all of California, just think of all the money they would save in the prison slave system.

:joint:
 

igrowone

Well-known member
Veteran
These and other long dead individuals are more important than you can ever understand and for that I am sorry. It pains me that you will live your life to settle for "is as good as you're getting it." I'd rather live and die on my own terms than abandon my values. Time will tell how good we get it, but when they put you or your neighbor in prison understand that I never gave my sanction to their horror, but you did.

:joint:

i like your references to these far sighted people, this is a good thing overall
but we forget years later the compromises they made in their time
the most notable was slavery, it was the poisonous snake in the room at the framing of the nation
but they compromised because it was worth it to them to make the country they wanted(mostly)
 

Anti

Sorcerer's Apprentice
Veteran
so how sure are we that the medical use grower can still grow his amount of plants if it's over 25sq ft?

7. Ensure that if a city decides not to tax and regulate the sale of cannabis, that buying and selling cannabis within that city’s limits remain illegal, but that the city’s citizens still have the right to possess and consume small amounts, except as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9.


11362.5 is the Compassionate Use act of 1996


So by the wording in the bill, (outlined above) nothing in this bill can alter anything in the current medical laws. It can allow individual cities to decide whether herb can be bought and sold in their city, but not whether you can possess or grow it. If this passes, you can grow or possess it, and your city can allow for ways to sell and buy it if they choose. they can also INCREASE the growing area, but they cannot decrease it.
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
I get a good laugh from you commercial growers and all your excuses. "People will get arrested for smoking around kids", "more people will get arrested". It's pathetic.

It's illegal now to smoke around your kids. What kind of argument is that? And why would more people get arrested? That has to be the dumbest thing I ever heard. Some of you are absolutely desperate.

Let me say it again. This is not a Bill for commercial growers. It's a Bill to let millions of hard working people grow their own bud and smoke their own bud in the privacy of their own homes. Do you think you can understand that? They won't have to buy their bud off dealers, the cartells or anyone else. And that's what has so many of you butthurt. Tough.

If just one person can smoke and grow their own bud then it's worth it. But millions and millions of Californians can do this when this Bill passes. And it will pass. People are sick of what's happened with the prices and they will soon be able to grow and smoke their own.

I was feeling sorry for the commercial people, but after seeing you'd deny honest hard working people the right to be legal, as far as I'm concerned, I don't care anymore. If you're this selfish you've brought it on yourself.....
 

Hydrosun

I love my life
Veteran
It's illegal now to smoke around your kids. What kind of argument is that? And why would more people get arrested? That has to be the dumbest thing I ever heard. Some of you are absolutely desperate.

Again you are not telling this community the truth. Under current CA law smoking pot in your house is a NON issue.

Under prop 19 smoking in your own home becomes a FELONY if you have a kid.


What is wrong with you refuting these two sentences instead of fighting a straw man you create yourself?

:joint:
 

Anti

Sorcerer's Apprentice
Veteran
You are the one advocating legislation that REQUIRES the imprisonment of growers and smokers if they break rules.

Um... what happens NOW if you break the rules? Oh yeah. Imprisonment of growers and smokers.

Ok. So we've established that nothing changes in that facet. So let's look at which allows more FREEDOM for growers and smokers? Completely illegal? Or regulated and legal? Well, again, we have to concede that regulated and legal allows much more freedom than OUTRIGHT ILLEGALITY. Done and done!


I say we are all free.

Walk down the block with a pound of bud in your hands and give it to all the children you see. Prove your freedom.


Sounds like you have a problem with the US Federal policy, just as I do. How about working to break that strangle hold on this community and leave people free to grow in CA without NEW crimes as ESTABLISHED by YOUR vote.

People are not FREE to grow in CA. They have to have a doctor's recommendation. They have to stay within the limits set by that recommendation. They have to claim their use is for medicinal benefit only! Isn't that a limitation on their freedom?


Hope you have a med card.
 

Hydrosun

I love my life
Veteran
I was feeling sorry for the commercial people, but after seeing you'd deny honest hard working people the right to be legal, as far as I'm concerned, I don't care anymore. If you're this selfish you've brought it on yourself.....

Only TYRANTS can deny a human their human rights. This bill seeks to continue the INHUMAN restrictions of free born people.

I don't think you ever cared. You are willing to support laws that imprison members of this community, despite the fact that these Californians have never done anything to harm you and in fact they have done a lot to advance MJ freedom around the world.

Even so if the east coast pigs come after you, I won't say you've brought it on yourself.

:joint:
 

Hydrosun

I love my life
Veteran
Ok. So we've established that nothing changes in that facet.

No here is what changes the PIGS now have a MANDATE from YOU and the rest of California that says IMPRISON smokers and growers, as it stands right now CA is NOT imprisoning these people, but after a 2010 vote that creates the AUTHORITY to imprison more felons the pigs will have a field day.

:joint:
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
Again you are not telling this community the truth. Under current CA law smoking pot in your house is a NON issue.

Under prop 19 smoking in your own home becomes a FELONY if you have a kid.


What is wrong with you refuting these two sentences instead of fighting a straw man you create yourself?

:joint:


Your the one posting lies.

Do you think everyone is a med patient? If you're not and you get caught smoking in your home your getting a ticket. And if you're doing it in front of young kids you're getting arrested and most likely the kids will be removed. Thiose are the facts for non 215 smokers....

And under 19 you most certainly can smoke in your home. You can go to your bedroom and smoke. You can designate a smoking room that the kids can't be in when you're smoking.

Some of you are so caught up on 215 that you think everyone has a card. Newsflash. They don't......
 

smokeymacpot

Active member
Veteran
The part regarding minors that is being argued is the following language:

(iv) smoking cannabis in any space while minors are present.

It's ambiguous. It does not define "space." Is that a room? A home? A backyard? If a cop smells herb from my yard and hears kids playing in the same "space" what is your liability?

No such laws exist for alcohol or tobacco.

One poster mentioned that a bong on your table, visible from the window is no longer probable cause for search. But what about if there is a Care Baers coloring book on the table next to it?

100% valid concern with the language of the prop.

sure it does not go into fine enough detail to cover all eventualities. it would be nice if it said you should make sure children arent in the same room when smoking it or you should go out in the back garden e.t.c
should a bong really be left in plain view of a child anyway? what if they decided to do a bong when you werent looking or something?
it should be common sense to do your best to keep things like that away from your children.
my comment wasnt so much on that part, but more of the teenagers who experiment with drugs and alcohol should not be able to buy them from a legal grower.
 

Anti

Sorcerer's Apprentice
Veteran
Again you are not telling this community the truth. Under current CA law smoking pot in your house is a NON issue.




Current California Laws said:
11357. (a) Except as authorized by law, every person who possesses
any concentrated cannabis shall be punished by imprisonment in the
county jail for a period of not more than one year or by a fine of
not more than five hundred dollars ($500), or by both such fine and
imprisonment, or shall be punished by imprisonment in the state
prison.
(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100). Notwithstanding other
provisions of law, if such person has been previously convicted three
or more times of an offense described in this subdivision during the
two-year period immediately preceding the date of commission of the
violation to be charged, the previous convictions shall also be
charged in the accusatory pleading and, if found to be true by the
jury upon a jury trial or by the court upon a court trial or if
admitted by the person, the provisions of Sections 1000.1 and 1000.2
of the Penal Code shall be applicable to him, and the court shall
divert and refer him for education, treatment, or rehabilitation,
without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will
accept him. If the person is so diverted and referred he shall not be
subject to the fine specified in this subdivision. If no community
program will accept him, the person shall be subject to the fine
specified in this subdivision. In any case in which a person is
arrested for a violation of this subdivision and does not demand to
be taken before a magistrate, such person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his written promise to appear in court, as
provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.
(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.


11358. Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in the state
prison.

I must've missed the part where it's totally cool to smoke in your own home. Can you point it out for me?
Under prop 19 smoking in your own home becomes a FELONY if you have a kid.
Under current law, smoking in your own home is already illegal and possessing more than an ounce is a FELONY. (Even if you don't have kids.)

What is wrong with you refuting these two sentences instead of fighting a straw man you create yourself?:joint:
Nothing at all. (As you can see above.)
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
Only TYRANTS can deny a human their human rights. This bill seeks to continue the INHUMAN restrictions of free born people.

I don't think you ever cared. You are willing to support laws that imprison members of this community, despite the fact that these Californians have never done anything to harm you and in fact they have done a lot to advance MJ freedom around the world.

Even so if the east coast pigs come after you, I won't say you've brought it on yourself.

:joint:

If I could grow in 25 sq foot legally and possess the bud I grow I wouldn't have to worry about being arrested. Thats why we support 19 and encourage everyone to vote yes.........

Good post Anti. I guess that dispells that lie......
 

Hydrosun

I love my life
Veteran
Your the one posting lies.

Do you think everyone is a med patient? If you're not and you get caught smoking in your home your getting a ticket. And if you're doing it in front of young kids you're getting arrested and most likely the kids will be removed. Thiose are the facts for non 215 smokers....

And under 19 you most certainly can smoke in your home. You can go to your bedroom and smoke. You can designate a smoking room that the kids can't be in when you're smoking.

Some of you are so caught up on 215 that you think everyone has a card. Newsflash. They don't......

Nope you are on the wrong coast of the country. If you get a ticket for smoking in your own home that is one thing but CA does not take kids away from smokers.

Look back to the ICmag front page about 6 months ago and a sad story about a Reno couple appears with PIGS taking the kids away, but this was not CA and was way over the line in NV.

Please point to the language in Prop 19 that talks about establishing a smoking bedroom in a home with kids. I think you are just pulling this out of the air.

If you can't point to the language that allows you to smoke in your house and I CAN point to the language that makes you a felon for smoking in a SPACE where children are present, shouldn't you be imprisoned for smoking if there are any children on you property (space)?

Is there any language in Prop 19 that would PREVENT the pigs from charging parents? Nope, I guess the parents will just have to argue it out with CPS, judges, and attorneys.

Thankfully I will not sanction these immoral actions.

:joint:
 

localhero

Member
jj, many commercial growers have come out in support of 19. famous ones from this site, have come on this board and said to everyone they are in favor of it.

you still dont have a valid argument to tell everyone why 19 is better than 215. because it isnt.

i know, its more fun for you to come on and get angry and try to intimidate people away from healthy debate with posts that insult rather than further the discussion.

if thats your MO, whatever, enjoy your character flaw.

i still think: No person shall be persecuted, fined, or imprisoned for the possession, sale, cultivation or consumption of marijuana in the state of california.

beats:Section 3: Lawful Activities
Article 5 of Chapter 5 of Division 10 of the Health and Safety Code, commencing with section 11300 is added to read:
Section 11300: Personal Regulation and Controls
(a) Notwithstanding any other provision of law, it is lawful and shall not be a public offense under California law for any person 21 years of age or older to:
(i) Personally possess, process, share, or transport not more than one ounce of cannabis, solely for that individual’s personal consumption, and not for sale.
(ii) Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of the private property owner or lawful occupant, cannabis plants for personal consumption only, in an area of not more than twenty-five square feet per private residence or, in the absence of any residence, the parcel. Cultivation on leased or rented property may be subject to approval from the owner of the property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of cannabis on any public lands.
(iii) Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption.
(iv) Possess objects, items, tools, equipment, products and materials associated with activities permitted under this subsection.
(b) “Personal consumption” shall include but is not limited to possession and consumption, in any form, of cannabis in a residence or other non-public place, and shall include licensed premises open to the public authorized to permit on-premises consumption of cannabis by a local government pursuant to section 11301.
(c) “Personal consumption” shall not include, and nothing in this Act shall permit cannabis:
(i) possession for sale regardless of amount, except by a person who is licensed or permitted to do so under the terms of an ordinance adopted pursuant to section 11301;
(ii) consumption in public or in a public place;
(iii) consumption by the operator of any vehicle, boat or aircraft while it is being operated, or that impairs the operator;
(iv) smoking cannabis in any space while minors are present.

Section 11301: Commercial Regulations and Controls
Notwithstanding any other provision of state or local law, a local government may adopt ordinances, regulations, or other acts having the force of law to control, license, regulate, permit or otherwise authorize, with conditions, the following:
(a) cultivation, processing, distribution, the safe and secure transportation, sale and possession for sale of cannabis, but only by persons and in amounts lawfully authorized;
(b) retail sale of not more than one ounce per transaction, in licensed premises, to persons 21 years or older, for personal consumption and not for resale;
(c) appropriate controls on cultivation, transportation, sales, and consumption of cannabis to strictly prohibit access to cannabis by persons under the age of 21;
(d) age limits and controls to ensure that all persons present in, employed by, or in any way involved in the operation of, any such licensed premises are 21 or older;
(e) consumption of cannabis within licensed premises;
(f) safe and secure transportation of cannabis from a licensed premises for cultivation or processing, to a licensed premises for sale or on-premises consumption of cannabis;
(g) prohibit and punish through civil fines or other remedies the possession, sale, possession for sale, cultivation, processing, or transportation of cannabis that was not obtained lawfully from a person pursuant to this section or section 11300;
(h) appropriate controls on licensed premises for sale, cultivation, processing, or sale and on-premises consumption, of cannabis, including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties and persons from unwanted exposure, advertising, signs and displays, and other controls necessary for protection of the public health and welfare;
(i) appropriate environmental and public health controls to ensure that any licensed premises minimizes any harm to the environment, adjoining and nearby landowners, and persons passing by;
(j) appropriate controls to restrict public displays, or public consumption of cannabis;
(k) appropriate taxes or fees pursuant to section 11302;
(l) such larger amounts as the local authority deems appropriate and proper under local circumstances, than those established under section 11300(a) for personal possession and cultivation, or under this section for commercial cultivation, processing, transportation and sale by persons authorized to do so under this section;
(m) any other appropriate controls necessary for protection of the public health and welfare.

Section 11302: Imposition and Collection of Taxes and Fees
(a) Any ordinance, regulation or other act adopted pursuant to section 11301 may include imposition of appropriate general, special or excise, transfer or transaction taxes, benefit assessments, or fees, on any activity authorized pursuant to such enactment, in order to permit the local government to raise revenue, or to recoup any direct or indirect costs associated with the authorized activity, or the permitting or licensing scheme, including without limitation: administration; applications and issuance of licenses or permits; inspection of licensed premises and other enforcement of ordinances adopted under section 11301, including enforcement against unauthorized activities.
(b) Any licensed premises shall be responsible for paying all federal, state and local taxes, fees, fines, penalties or other financial responsibility imposed on all or similarly situated businesses, facilities or premises, including without limitation income taxes, business taxes, license fees, and property taxes, without regard to or identification of the business or items or services sold.

Section 11303: Seizure
(a) Notwithstanding sections 11470 and 11479 of the Health and Safety Code or any other provision of law, no state or local law enforcement agency or official shall attempt to, threaten to, or in fact seize or destroy any cannabis plant, cannabis seeds or cannabis that is lawfully cultivated, processed, transported, possessed, possessed for sale, sold or used in compliance with this Act or any local government ordinance, law or regulation adopted pursuant to this Act.

Section 11304: Effect of Act and Definitions
(a) This Act shall not be construed to affect, limit or amend any statute that forbids impairment while engaging in dangerous activities such as driving, or that penalizes bringing cannabis to a school enrolling pupils in any grade from kindergarten through 12, inclusive.
(b) Nothing in this Act shall be construed or interpreted to permit interstate or international transportation of cannabis. This Act shall be construed to permit a person to transport cannabis in a safe and secure manner from a licensed premises in one city or county to a licensed premises in another city or county pursuant to any ordinances adopted in such cities or counties, notwithstanding any other state law or the lack of any such ordinance in the intervening cities or counties.
(c) No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected.
(d) Definitions
For purposes of this Act:
(i) “Marijuana” and “cannabis” are interchangeable terms that mean all parts of the plant Genus Cannabis, whether growing or not; the resin extracted from any part of the plant; concentrated cannabis; edible products containing same; and every active compound, manufacture, derivative, or preparation of the plant, or resin.
(ii) “One ounce” means 28.5 grams.
(iii) For purposes of section 11300(a)(ii) “cannabis plant” means all parts of a living Cannabis plant.
(iv) In determining whether an amount of cannabis is or is not in excess of the amounts permitted by this Act, the following shall apply:
(a) only the active amount of the cannabis in an edible cannabis product shall be included;
(b) living and harvested cannabis plants shall be assessed by square footage, not by weight in determining the amounts set forth in section 11300(a);
(c) in a criminal proceeding a person accused of violating a limitation in this Act shall have the right to an affirmative defense that the cannabis was reasonably related to his or her personal consumption.
(v) “residence” means a dwelling or structure, whether permanent or temporary, on private or public property, intended for occupation by a person or persons for residential purposes, and includes that portion of any structure intended for both commercial and residential purposes.
(vi) “local government” means a city, county, or city and county.
(vii) “licensed premises” is any commercial business, facility, building, land or area that has a license, permit or is otherwise authorized to cultivate, process, transport, sell, or permit on-premises consumption, of cannabis pursuant to any ordinance or regulation adopted by a local government pursuant to section 11301, or any subsequently enacted state statute or regulation.

Section 4: Prohibition on Furnishing Marijuana to Minors
Section 11361 of the Health and Safety Code is amended to read:
Prohibition on Furnishing Marijuana to Minors
(a) Every person 18 years of age or over who hires, employs, or uses a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(b) Every person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any marijuana to a minor 14 years of age or older shall be punished by imprisonment in the state prison for a period of three, four, or five years.
(c) Every person 21 years of age or over who knowingly furnishes, administers, or gives, or offers to furnish, administer or give, any marijuana to a person aged 18 years or older, but younger than 21 years of age, shall be punished by imprisonment in the county jail for a period of up to six months and be fined up to $1,000 for each offense.
(d) In addition to the penalties above, any person who is licensed, permitted or authorized to perform any act pursuant to Section 11301, who while so licensed, permitted or authorized, negligently furnishes, administers, gives or sells, or offers to furnish, administer, give or sell, any marijuana to any person younger than 21 years of age shall not be permitted to own, operate, be employed by, assist or enter any licensed premises authorized under Section 11301 for a period of one year.
 

Anti

Sorcerer's Apprentice
Veteran
No here is what changes the PIGS now have a MANDATE from YOU and the rest of California that says IMPRISON smokers and growers, as it stands right now CA is NOT imprisoning these people, but after a 2010 vote that creates the AUTHORITY to imprison more felons the pigs will have a field day.

:joint:

As it stands right now California is NOT imprisoning these people... (according to you) even though there are clear laws (just quoted for you in last post) that show that possession, trafficking, growing, harvesting, etc is ALL ILLEGAL AND PUNISHABLE BY STATE PRISON!

So... if they aren't enforcing NOW, what makes you think they're going to "have a field day" enforcing laws that make marijuana even LESS of a crime?

Come on. Try thinking before you run your fingers over your keyboard.
 

johnnyla

Active member
Veteran
So i've been sitting back and thinking and considering....

and... I've come to the conclusion is that all of the imperfections and resulting fears probably won't amount to anything. With the legalization and flooding of the market, amatuer growers will grow spindly buds and then have to contract with an experienced growers, most will not be able to or willing to grow, there will be so many more fish to fry it will make it waaaaaaaaay harder for LEO to deal. SO basically, if everyone comes out of the closet once it's legal, they won't have the resources to investigate, they barely do now.
Fuck the police and voting with the police.
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
I know people on this site that are Californians that got caught growing and had their children temporarily removed. So go tell someone that doesn't know any better.....

And I also know of two mods from this site that live in Cali and it cost them better than 15 grand to stay out of jail for growing.
 

Hydrosun

I love my life
Veteran
If I could grow in 25 sq foot legally and possess the bud I grow I wouldn't have to worry about being arrested. Thats why we support 19 and encourage everyone to vote yes.........

Good post Anti. I guess that dispells that lie......

What if it took 30sq' because you smoked a lot or shared with other adults in the residence or you weren't a good enough grower to produce enough in 25sq', should this ICmag community pay to imprison that 30sq' grower?

The Prop says yes, but I say no.

Lending your name to immoral legislation is troublesome. I wouldn't have liked to be part of the majority for "Separate but Equal" or many other of history's ill fated human rights abuses.

:joint:
 

Anti

Sorcerer's Apprentice
Veteran
Is there any language in Prop 19 that would PREVENT the pigs from charging parents?

How about this:

"....except as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9."

So. You find yourself in possession of some children. You get yourself a med card. You are now in compliance with med laws. Med laws allow parents to smoke in homes with children present. You are now safe from prosecution by... the wording quoted above.

Thank you, drive through.


:wave:
 

Hydrosun

I love my life
Veteran
I know people on this site that are Californians that got caught growing and had their children temporarily removed. So go tell someone that doesn't know any better.....

So I am correct these growers have their kids and life is fine. Under prop 19 they are huge felons and going to prison and the kids are off to foster care.

Thanks for making my point with a REAL WORLD EXAMPLE.

So help me believe that Prop 19 will not put them in prison, because I don't know better.

:joint:
 
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