Monday, November 14, 2016

Prop 64: How Legal is the Use of Cannabis?



http://www.latimes.com/politics/la-pol-ca-proposition-64-marijuana-legalization-explained-20161107-story.html

 With the recent passing of Prop 64, it is now legal for any adult 21 and over to sell, purchase and transport 28.5 grams of marijuana. Yet, at the same time, there are still several laws and regulations that come with all three of these categories. In this article, Patrick McGreevy clearly explains that when it comes to selling cannabis in California, you will need a license to sell it, must implement the 15% excise tax on the marijuana being sold and are required to notify the state and get a background check to open a store. The failure to abide by any of these laws could result in a $500 fine, penalties or jail time. Similarly, Prop 64 makes it evident that when it comes to purchasing any type of marijuana, medicinal or recreational, no kids will be able to purchase it or even walk into a store. The containers and bags that the cannabis would come in will also be child proof and cannot be confused with commercially sold candy. Additionally, men and women above the age of 21 can't smoke marijuana in public places unless it is allowed by a local ordinance. McGreevy adds on that there is a $100 fine for doing so in a public area and a $250 fine for smoking in an area where tobacco is prohibited and anywhere near a school. The main regulation to keep in mind, however, is the fact that any use of marijuana remains illegal on a federal level even if the state has passed a law saying that it is acceptable.

Connection: The prop passed on November 8th, 2016, Prop 64, accentuates the separation between the state and federal government. The states have the power to pass a law like the legalization of marijuana, however, it is evident that it is much more difficult to pass something like this on national level because that would require the support of interest groups as well as congress.

Questions:
1. Do you think that legalizing marijuana on a federal level is a realistic possibility in the near future and do you believe that it would make an impact in states where it is already legal?
2. In your opinion, is the approval of Prop 64 beneficial or merely bothersome?
3. The approval of Prop 64 not only allows California state residents to access marijuana legally, but it also will give prisoners convicted with marijuana charges the opportunity to have their jail time shortened or abolished altogether. Do you feel that these convicts should be presented with a chance like this or should their conviction remain the same?

15 comments:

  1. I believe that Prop 64 is beneficial because it supplies the state with money from the sale, and transport of marijuana. Before the legalization of marijuana the state was not receiving any money for the drug even though it was used throughout the state. Even though marijuana is a dangerous drug states can now receive money from the people that have already been using marijuana for recreational purposes.

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    1. I do see there is numerous benefits to legalizing such a drug, however where does the line stop? If this drug is legalized, when will psilocybin (mushrooms) be legalized or cocaine? Also how will one be able to control the DUI laws that will be put in place once Prop 64 goes into effect. I personally believe this proposition was rushed through.

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    2. Obviously drugs such as cocaine will not be legalized. However marijuana is much less extreme and harmful, and its legalization will decriminalize many people with drug offenses and benefit the criminal justice system. I do believe that in the future even drugs such as cocaine will begin to be monitored because it makes drug use much safer.

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    3. I agree with Julia. Harder drugs such as psilocybin or cocaine would not be legalized because they are extremely damaging. The legalization of marijuana is much different that these other types of drugs. In addition, by legalizing it, the government is able to step up rules and regulations that will keep keep using and other citizens safe. For example, many people who smoke marijuana drive after using. However, since its legalization, the government has begun to do research to find different ways to test people on the amount they smoke and set legal limits in order to keep more people safe.

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  2. The number of people that have been jailed due to minor drug possession charges is insanely high and has led to prison overcrowding and the trend for private prisons to profit from this influx of people. Because marijuana is legalized in California now for recreational use, it doesn't make sense to keep people in prison with taxpayers' dollars for a charge that is no longer breaking the law. Unless criminals were charged with drug dealing with large amount of illegal marijuana, their jail time should be shortened.

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    1. I agree that the incarceration rate for individuals charged with minor drug possession is insanely high. Furthermore, I believe that the revenue that California could bring in from this proposition would be extremely beneficial in terms of boosting the economy and helping individuals. However, I do believe that it may be difficult to strictly regulate the use and transport of marijuana as well as determine whether or not it is legal to drive under the influence, and if so, how much.

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    2. I also agree with Fiona that there is as insanely high number of people jailed for minor drug possession. This shows how ineffective out jail system is, which is why I think that Proposition 64 is beneficial. It will help with the overcrowding problem and like Justin said it will boost the economy. I also think that Prop 64 is beneficial for the nation as a whole because California can test the potential of this prop and if other states should also have it.

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    3. Although I do agree that there has been a large amount of unnecessary jailing for minor drug possession I believe that it will be very hard to make marijuana legal on a federal level. Although states like Colorado and now with Prop 64, California it will be much harder to legalize the drug on a federal level. The tax benefits of legalizing the drugs are significant as Colorado reported $3 Billion in tax revenues on recreational cannabis alone.

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  3. I find that prop 64 is only necessary to lessen the overcrowding in the jail system. Prop 64 should galvanize legislators to start keeping up more with the times, finding new ways to regulate legalized marijuana. Many of the regulations it imposes on age and location I think will be largely ignored. The only effective part I think it should have is lessening the burden of those currently in the jail system for strict charges. So while I do think the proposition may be bothersome to some social events, overall I think it will fix a large problem with the jail system.

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  4. Prop 64 makes sense for California on many levels. Our jails are already overcrowded to dangerous and expensive levels, so convicts on minor drug charges should definitely have the opportunity to appeal their convictions. In terms of monetary benefits, the article states that California could potentially make 1 billion dollars annually from the pot industry. Quite simply, prop 64 just legalizes a substance that was eventually going to become legal anyway. I believe that as time progresses, the rest of the US will begin to pass similar legislation.

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    1. Adding on to what Jason said, California is very likely to make a lot of tax revenue. The Netherlands, which is a small country compared to the United States or even just California, makes $600 million from tax revenue off of marijuana. Due to the increased size and population here in the United States, the tax revenue potentially gained if the entirety of the states would legalize marijuana could be close to $7 billion, in addition to saving nearly $13.7 billion on reduced enforcement and less people in prisons.

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  5. All in all, the passing of prop 64 seemed to be a given in California, but while it opens up freedoms, limitations were bound to appear. Such can be seen through the taxes and new licenses which make it illegal for people to buy medical marijuana until stores obtain these licenses. In addition, the selling of marijuana must to be disclosed to the state and a 15% is applied to each sale. In reality, while freedoms of being able to use marijuana is apparent, many voters simply ignore the negative factors that pass along with prop 64.

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  6. I personally believe that convicts who are doing time for marijuana consumption and dealing charges should either have their time significantly shortened or simply let go. Prisoners can be held for 2-3 years, which can be in some cases as much as for robbery and theft. The law against marijuana is also crowding our prisons, as it is well known how popular and frequently used marijuana can be. (especially given that we live in California) Prisoners should have the ability to try to overturn their convictions, and hopefully help ease the prison system's bulging doors.

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  7. With the Republican Senate majority, the legalization of marijuana is very unlikely. Given the broad base of Republican support for the War on Drugs, and Trump's promise to repair inner cities, marijuana could be caught up in the debate on the relationship between drugs and violent crime.

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    1. I agree that it won't be legalized, however I am doubtful that they will strike down state laws due to their belief of state's rights. Also, the majority of the public supports legalization and it would be an unwise political move.

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