California Proposition 19
California Proposition 19 was a referendum that was put to the vote on November 2, 2010 in the US state of California . Proposition means proposal in English, here it is a proposed law. Proposition 19 is also known as the Regulate, Control and Tax Cannabis Act of 2010 ( German law for the regulation, control and taxation of cannabis ).
The legislative initiative provided for the legalization of the possession, manufacture, transport and sale of bogus hemp . In addition, it should set a framework for taxation and regulation by local authorities and define various criminal offenses (such as the supply of cannabis to minors). The proposal was allowed to vote in November in March 2010 and rejected in the vote on November 2, 2010 by 54% to 46%.
Cannabis has been legal for medicinal purposes in California since a referendum in 1996 . The aim of Proposition 19 was a general legalization of cannabis as an intoxicant - analogous to alcohol and tobacco , which are regarded as stimulants . Even if the law had been adopted, cannabis would have been prohibited under federal law by the Controlled Substances Act of 1970 (as in all other states; → federalism in the United States ).
Effects of the law
According to the analysis by the State of California, the adoption of Proposition 19 would have had the following effects:
Legalization of marijuana for personal use
People of legal age from the age of 21 would have:
- Have up to one ounce (28 grams) of marijuana for personal use,
- Consume marijuana in a non-public place (such as an apartment) or in a licensed public facility,
- Grow THC-producing cannabis plants for personal use on private properties of up to ≈2.3 square meters (25 square feet ).
Regulation of commercial production and sales
Local authorities would have:
- permit the sale of up to one ounce of marijuana per transaction and regulate the opening times and locations of the shops,
- determine larger quantities of marijuana that would have been owned or grown for personal use, or intended for commercial cultivation, transportation and sale;
- permit the transportation of marijuana from a licensed delivery point in one city or administrative district to the licensed delivery point in another city or administrative district, even against local laws.
Taxation and duties
- Proposition 19 would have allowed taxes to be levied to generate income for local authorities or to cover costs associated with regulation.
Introduction of criminal offenses and civil law files
Proposition 19, if adopted, would have had the following effects on legislation:
- Maintaining the laws that regulate sales to minors and driving under the influence of the substances;
- Maintaining the right of an employer to address marijuana use if it interferes with performance at work;
- Maintaining laws against national or international shipping of marijuana,
- anyone who would have been permitted to sell marijuana and who knowingly gave or sold it to anyone under the age of 21 would have been threatened with being deprived of their possession, handling or ability to work at a licensed dispensing point for one year;
- anyone who would have been allowed to sell marijuana and who knowingly gave or sold it to anyone under the age of 21 but over the age of 18 would face a county jail sentence of up to six months and a sentence of up to 1,000 US dollar threatened;
- anyone who was allowed to sell marijuana and who knowingly gave or sold it to anyone aged 14 to 17 would face imprisonment in federal prison for a period of three, four or five years;
- anyone who was allowed to sell marijuana and who knowingly gave or sold it to anyone under the age of 14 would face imprisonment in federal prison for three, five, or seven years.
Origin of the proposed law
The founder of the venture is Richard Lee, an Oakland hemp activist and medical marijuana distributor . Lee named advisor Chris Lehane to head the campaign.
To qualify the initiative for voting, 433,971 valid votes were required. Proponents of the initiative presented 694,248 signatures, which were checked by random sampling.
In 1972, in the November California vote, there was a similar initiative to legalize cannabis, which happened to be called Proposition 19 .
Result of the vote
Proposition 19 was rejected with 54.0 to 46.0% of the vote. A majority voted for the initiative in only eleven out of 58 counties .
See also
Web links
- New law: California becomes "stoner-friendly" ( Memento from September 17, 2014 in the Internet Archive ), article in the Kleine Zeitung Austria
- Legalization of marijuana - the joint venture , article in the Süddeutsche
- Summary and many points of view in the article in the mirror
- Smoking weed for the American Treasury , Article in the World on Sunday
- Proposition 19 - The cannabis boom in California , article in the Hamburger Abendblatt
- With marijuana against the budget crisis , article in the FAZ
- Green is the hope , article in the taz
Individual evidence
- ^ Sandy Banks: Pot Breaks the Age Barrier . In: Los Angeles Times , Tribune Company , March 29, 2010. Retrieved March 31, 2010.
- ↑ a b Proposition 19 Map Election Results . California Secretary of State. November 8, 2010. Archived from the original on November 3, 2010. Retrieved on November 8, 2010.
- ↑ Mikos, Robert "On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime"
- ^ Mikos, Robert, "State Taxation of Marijuana Distribution and Other Federal Crimes"
- ↑ Hanna Liebman Dershowitz: A federal-state law inconsistency shouldn't stop Californians from legalizing marijuana . In: Los Angeles Times , Tribune Company , July 28, 2010. Retrieved August 21, 2010.
- ^ John Hoeffel: Measure to legalize marijuana will be on California's November ballot . In: Los Angeles Times , Tribune Company, March 25, 2010. Retrieved April 24, 2010.
- ↑ DB07: 003 (PDF; 144 kB) Archived from the original on June 17, 2010. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved July 28, 2010.
- ↑ Gene Maddaus: The Informer - Pot Legalization Initiative Has Same Number as One From 1972 - Los Angeles News . Blogs.laweekly.com. June 28, 2010. Archived from the original on August 13, 2010. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved July 28, 2010.
- ^ Prop. 19 - The marijuana issue . In: Lodi News-Sentinel , October 25, 1972, p. 10. Retrieved July 1, 2010.
