CdwJava
Senior Member
Okay then ... let me re-phrase, I disagree with the premise under which it was presented to the voters, and disagree with the idea that it is truly "medicine."You call it the "Prop 215 idea", I call it THE LAW.
Have you actually READ the H&S sections related to this? And the myriad of conflicting case law that comes out on this subject? Some years we might get two or three legal updates from state and local counsel advising us of new changes in the law and recent case decisions with regards to 215 related law ... it was enough in some years to simply cause many agencies to throw up their hands and just ignore marijuana altogether as it was too much of a hassle. Not surprisingly most the counsel and the updates (from the AG's office included) ended with a caveat that they were not sure what the decision meant for local agencies and they would have to decide for themselves how to proceed.If the police started trying to comply with the law on this matter rather than continue to fight it because of personal biases, perhaps there would be less variance and frustration. It's hard to really feel sorry for the group which is the main cause of the frustration for the frustration they feel.
It's so much of a hassle, in fact, that I suspect you would actually find a lot of support in law enforcement for the state to come to a conclusion one way or the other - legalize it, or criminalize it. This midway thing as it currently stands is ridiculous and frustrating. It is already the ONLY criminal offense in CA that must be destroyed after two years so it already has a special place in CA law.
You may not believe it, but the laws ARE confusing because they change more frequently than any other law in the state. You may not be aware of the level of confusion because you are not out there trying to enforce it. The terminology in the related H&S sections has changed a number of times and so have the definitions. Walk a few miles in the shoes of those of us who have to try and sort out today's version of the statutes or case law ... it's a befuddlement.
As I said, there is hope that the AG's guidelines will sort out some of the mess. But, ultimately, the feds WILL have to weigh in on the matter before that last hurdle can be cleared.
- Carl