After reading this paper you will understand exactly how prop 19 takes away your right to CULTIVATE under 215 and People V. Kelly, WHICH by the way is UNLIMITED. This is because, under 215, you have the right to grow ANY AMOUNT OF CANNABIS you need to meet your health needs. Prop 19 replaces this right with a 5 x 5 square foot garden which can be taxed “WITHOUT LIMITATION”.
In order to understand how prop 19 does this, we must deconstruct the text itself…
In Section 2B, Paragraph 1 of the Act, it states its purpose is to “Reform California's cannabis laws”. What are California’s Cannabis laws? Does the Controlled Substance Act qualify as a “California Cannabis law”? Yes. Does 215 qualify as a “California Cannabis law”? Yes. This is evidence that the “purpose” of prop 19 was to reform, among other laws, 215.
In Section 2B, Paragraph 3 of the Act, it states its purpose is to “Implement a legal regulatory framework to give California more control over the cultivation…of cannabis”. Does ‘implementing more control’ over the ‘cultivation’ of Cannabis effect 215? Yes. Why? Because cultivation is central to the rights that are protected for medical Cannabis patients under 215. It is a right that is currently unlimited by any state controls. Your health needs are the only limitation in this regard and has the ability to satisfy all cultivation rights you would need.
For example If your growing for Cannabis oil to heal your cancer, or perhaps for Cannabis seed as a nutritious food source, it could take HUNDREDS of plants and THOUSANDS of SQAURE FOOTAGE to meet your health needs.
Section 2B, Paragraph 7 & 8 of prop 19 directly mentions 215, but in what regard?
Paragraph 7 states that if a city decides to not tax and regulate Cannabis, then it shall remain illegal to buy and sell Cannabis within the cities limits, BUT it says “that the city's citizens still have the right to possess and consume small amounts, except as permitted under”, and then it cites 215 and SB 420. Does this protect medical Cannabis patients right to possess and consume under 215? Yes. Does it protect their right to cultivate? No, the right to cultivate is not mentioned or protected in that paragraph.
Paragraph 8 is very similar to Paragraph 7, though instead of protecting the right to “possess and consume” under 215 and SB 420, it protects the right to “buy and sell”. Does this protect the right to cultivate under 215? No, again cultivation is not mentioned.
Section C, Paragraph 1 lists many of the laws which are intended to be limited by Prop 19 and states “This Act is intended to limit the application and enforcement of state and local laws relating to…cultivation…of cannabis, including but not limited to the following”, the act then fails to list 215. Does this mean that prop 19 was NOT intended to “limit the application” of 215? No. The Paragraph clearly states that the laws which are intended to be limited are NOT ‘limited to the following’, meaning that the list is NOT exhaustive and COULD include 215.
Section C, Paragraph 2 lists the laws which are NOT intended to be limited by prop 19 and states “This Act is not intended to affect the application or enforcement of the following state laws relating to public health…”, this paragraph then fails to list 215.
This means that prop 19 does NOT specifically protect 215 from being limited. If prop 19 was NOT intended to limit 215, why wasn’t 215 listed in Paragraph 2 of Section C? Does 215 relate to public health? Yes. Is this list intended to be exhaustive? Yes, because unlike in Paragraph 1 of the same Section, Paragraph 2 does not include the phrase “not limited to the following”, which means that out of all the laws that were NOT intended to be limited by prop 19, 215 is NOT ONE OF THEM.
Prop 19 then makes its intent unequivocally clear:
Under Section 3 of proposition 19, at Commercial Regulations and Controls it states:
“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:
cultivation…of cannabis…”
As defined at www.dictionary.net, the word “notwithstanding” is literally defined as follows:
In spite of (despite anything to the contrary).
So in other words, Proposition 19 states the following:
“In spite of any other provision of state or local law to the contrary, 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:
cultivation…of cannabis…”
Does the Controlled Substances Act qualify as “any other provision of state or local law”? Yes. Does 215 qualify as “any other provision of state or local law”? Yes.
Do the Commercial Regulations and Controls over Cannabis cultivation imposed by prop 19 OVERRIDE the cultivation rights under 215? Yes, because those controls are active despite any other provision of law, which includes not only the Controlled Substances Act, but 215 as well.
In the implementation of Cannabis taxes, regulations, and controls, prop 19 does NOT distinguish between PERSONAL and MEDICAL cultivation.
This means that your UNLIMITED right to cultivate for your health needs which is protected under 215 and People V. Kelly, is being replaced by the “Commercial Regulations and Controls” and “Personal Regulations and Controls” imposed in Section 3 of prop 19.
This means that local governments have absolute control over all Cannabis cultivation, limited only to a 5 x 5 space, AND Pursuant to Section 3 of Proposition 19, under “Imposition and Collection of Taxes and Fees” local governments have an unlimited authority to TAX all Cannabis cultivation, despite the medical cultivation rights that are protected under 215.
Cities such as Long Beach and Rancho Cordova are already implementing the imposition of outrageous Cannabis cultivation taxes by the square foot if Proposition 19 passes. These taxes also do NOT distinguish between medical and personal cultivation.
So in conclusion, Prop 19 LIMITS your cultivation rights under 215 to a 5 x 5 square foot garden which can be taxed “without limitation“.
And because Section 3 authorizes “a local government” to “adopt ordinances, regulations, or other acts having the force of law to control, license, regulate, permit or otherwise authorize…cultivation of cannabis…”, and because Section 3 allows local governments to impose taxes “without limitation”, their ability to impose taxes on personal cultivation is UNLIMITED and can be imposed WITHOUT A LOCAL VOTE.
