Debunking Myths About Prop 64 | Jackie Subeck

There are so many misconceptions, lies and untruths out there as it relates to California’s Proposition 64 to legalize adult use marijuana in the state.  One of the people who is most outspoken in this area is Dragonfly de la Luz.  She continually releases as many lies as she can each and every day hoping to attract unsuspecting and uninformed voters regardless of the fact that every single item she puts out there has been and can continue to be debunked.  Here are just a few responses to her untruths.

Tax Revenue will NOT go to the General Fund under Prop 64.  Here’s what actually will happen:

Out of the projected $1billion in annual tax revenue, $50 million of it goes to a Community Reinvestment Fund to help create programs for those communities who were disproportionally harmed by the War on Drugs.  This is targeted first and foremost to communities with mostly people of color as well as those that are poor.

 Re: Legalizing Home Grow

This is a big one.  Under Prop 64, every single household in the state of CA will be legally allowed to grow 6 plants inside their homes and/or inside a closed container on their property.  Law enforcement will not be able to touch that.  If you choose to grow outdoors in the open, you will still be in violation of the law and will be playing at your own risk.

Last year, Gov. Jerry Brown signed regulations for medical marijuana related to Prop 215 which passed back in 1996 in CA.  These regulations are strictly for medical and have nothing to do with adult use or recreational which is Prop 64.  BUT, in these new medical regulations, otherwise known as MCRSA, Medical Cannabis Regulation and Safety Act, home grow can be banned.  SO, if you’re a patient and all of sudden, your city that live in bans medical marijuana, under Prop 64, as a resident of California, you will be able to legally grow 6 plants and keep everything you grow.  You may also give away 1 oz. at a time per person legally.  Keep in mind that if a city chooses to ban adult use marijuana, they will not be entitled to the tax revenue distributed out by the state.

Also, to comment on the decriminalization, cannabis is already decriminalized in the state of CA.

Prop 64 DOES protect small farmers by offering 18 different license types including a cottage license otherwise known as a “micro-business” license.  This license, which has complete vertical integration, is specifically designed for small farmers along with the other licenses for cultivation up to 22,000 sq. ft.

Yes, it is true that there is a 5 year ban on large scale cultivations (above 22,000 sq. ft) until 2023. That is written into the initiative. If, at that time, Californians feel that they want to extend that ban, the legislature absolutely can do so. The CGA is definitely are trying to protect their own interests, but ultimately, no matter if you are growing medical or recreational marijuana, all cultivators, regardless of size, will be required to apply for a state and a local license.

Prop 64 has some of the most amazing criminal justice reforms built into it.  Yes, Prop 47 did reduce penalties, however, it did not deal at all with people who are or have been previously incarcerated, nor did it deal with children.  And most importantly, it really only has been applied to white people.  Black people are 2x as likely as white people to be arrested for marijuana misdemeanors and nearly 5x more likely than white people to be arrested for a marijuana felony.  Latinos are 45% more likely to be arrested for a misdemeanor and 26% more likely to be arrested for a felony than white people.

If it passes, Prop 64 eliminates or reduces all marijuana penalties except for two including selling to kids.  It is completely retroactive and allows those currently incarcerated to apply for release, re-sentencing and/or expungement at 12:01am on November 9th.

Under Prop 64, NO child under the age of 18 will ever go to jail again for marijuana.  And, when they turn 18, their records are permanently sealed so their lives will not be ruined by a prior marijuana offense.  Those 18-20 will receive infractions if they disobey the law, but not felonies.

Will there be limits?  Yes of course.  For adults 21+, it will legal to possess up to 1 oz. cannabis and 8 grams of concentrates.  This is like alcohol in this respect.  If an 18 year old gets busted for drinking, it’s against the law.  It will be the same for marijuana.

The legislature will have the ability to do a few things.  With a majority vote, they will be able to amend certain parts of the Proposition and not others.  For example, if they want to increase the penalties, they cannot. If they want to impose additional penalty reductions, they can.  If they want to raise the taxes, they cannot, but they can reduce them (which of course is highly unlikely).  If they want to decrease the amount of plants for home grow, they cannot.  They can, however, increase them. They can review the revenue allocation, however, they cannot, for example, require a business to obtain more licenses than the law allows. They also cannot set excessive fees to try to restrict licenses – and that is general California constitutional law.  They must also respond immediately to monopoly questions.

Oh yes, one of my favorites!  Let me set the record straight once and for all.  Prop 64 DOES NOT impact patient’s rights.  In fact, it actually gives legitimacy to the existing rights.  Prop 64 and Prop 215 are parallel.  They are governed by the same legislature, but are two completely separate systems.

In California, we have had 20 years of a completely unregulated marijuana market with only the guidelines of Prop 215 which legalized medical marijuana and SB420 which gave patients the right to mutual non-profit benefit collective (SB 420 will be gone and replaced by MCRSA, the new regulations for medical marijuana signed last year by the governor).  If cannabis wants to be considered a legitimate industry, it must be regulated.  Regulations provide better control, public safety and public health and allow those who are living in the shadows to come out.

If, as a patient, your doctor prescribes more cannabis than what can be grown from 6 plants in the household, you will still have the exact same protections under Prop 215 as you have today – unless of course your city chooses to ban cultivation, at which time Prop 64 will be a life savor because of its home grow protections.

The two systems will not merge.   Everyone who says they will isn’t reading this correctly.

Had the Drug Policy Alliance and the other organizations who wrote Prop 64 wanted to change Prop 215, they would have needed to go for a constitutional amendment which they chose not to do.  Prop 215 and Patient’s Rights are protected and will remain so.

To repeat what I just said above, medical marijuana is not going anywhere in the state of California.  It would take a constitutional amendment to make that happen.  It’s not happening and there is no intention of it happening anytime soon.  Remember, CA has had 20 years of a thriving medical marijuana system, albeit unregulated.  Nobody is taking away medical marijuana.  In fact, if you are a patient and receive an official state medical card, you will be exempt from the 10% state sales tax.

As the 6th largest economy in the world, everyone is looking to CA right now for what is going to happen.  If CA passes Prop 64, it is much more likely that the federal government will either reclassify marijuana or remove it completely from the Controlled Substance Act.  If we don’t pass it, we’re definitely looking at many more years of it being illegal on a federal level.  We have nearly 40 million people in this state which is more than twice the combined total of Washington, Colorado, Oregon, Alaska and DC (all 5 have passed adult use).  You cannot compare what happened in those states to what will happen in California.