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An Argument To Oppose Prop 19 From The Norml Attorney’S List Serve.

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An argument to oppose prop 19 from the norml attorney’s list serve.



Weather you agree or disagree with this attorney’s view, it is an interesting rationale, and obiously something that has plague all medical marijuana states implementation. (please see the bolded areas)



I have reviewed Prop 19 and oppose it..


I have been involved in litigation in numerous cases (commencing with Qualified Patients v Anaheim) regarding issues of medical marijuana and whether cites or counties should be allowed the power to ban cultivation or distribution.


Leaving the regulation of cultivation, processing, transportation and distribution in the hands of municipal or county legislative bodies who follow the advice of city attorneys by rote is a recipe for more rather than less litigation, not to mention obstruction of the very goal Proposition 19 is trying to achieve.


As we have seen with medical marijuana, city attorneys, and through them, city and county councils have been, at best, ambiguous, and at worst, hostile to the concept of distribution of medical marijuana. What result when the issue is a complete, rather than limited, allowance for transportation and distribution of a drug that now occupies the front line in the decades old war on drugs? I am not optimistic.


As I argued, inter alia, in Qualified Patients, allowing cities or counties to ban the distribution of medical marijuana removes from the state its historic role in regulating the manufacturing, processing, transporting and distribution of drugs and would create, at the very least, a patch work of laws inconsistent from one jurisdiction to another.


The cultivation, transportation and distribution is, and should be, a matter of state wide concern calling for uniform laws regulating the subject matter. Such important issues should not be left in the hands of city or county politicians and their chief legal advisers who have already shown tremendous hostility and animus to the distribution of a medicine approved by the majority of voters and the state legislature.


If I am misreading this proposition, please so explain how. Or if the results that I fear will not probably come to pass, explain why.



Attorney at Law

418 S. Brea Blvd.

Brea, CA 92821


Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

800-656-3557 (Toll Free)

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Yup this is going to be a tough one. Another argument I have seen is that it will take the ability to grow away from the individual and put it in the hands of big business. If the result was lower prices that everyone could afford (like the reported $40 an ounce) then it may be OK. However I doubt that will happen. Knowing the way big business works the price will go up and the quality will go down.


I think MJ loses either way. If it passes it will be over controlled by the gov and placed into the hands of big business. If it fails the anti crowd will ignore the reasons it failed and say "see the majority in CA do not support full legalization."


Right now my layman's opinion is to pass it and work out the kinks with either follow up proposals or regulations that give the power back to the small time grower. But this opinion is provisional and subject to change as I get more information and a better understanding.

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