On Jan. 18, the Supreme Court of California issued an order granting review of the now infamous line of medical marijuana cases of Pack v. City of Long Beach, City of Riverside v. Inland Empire Patient’s Health and Wellness Ctr., Inc., Traudt v. City of Dana Point, and People v. G3 Holistic. Unless the Supreme Court decides otherwise, this means that medical marijuana advocates can rejoice because local jurisdictions and lower courts cannot use the logic of Pack or Riverside as a vehicle to scuttle the regulatory processes that assure safe access to California’s medical cannabis patients. But what if the Supreme Court upholds Pack et al.?
Whether or not you believe that Pack and associated cases were erroneously decided, California’s model of medical cannabis distribution will always be unreliable as long as marijuana prohibition itself continues to exist. The Repeal Cannabis Prohibition Act cleanly and effectively ends marijuana prohibition in California forcing local, state, and even the Federal government to reconcile with a new paradigm where cannabis related activities are not unlawful.
RCPA 2012 removes cannabis from California’s Schedule I and repeals every criminal statute related to marijuana. Cannabis-related activities by adults such as use, possession, cultivation, transportation, and distribution will no longer be considered a crime or public offense. Individuals will be able to possess 3 pounds of processed bud and cultivate 100 sq. feet of plant canopy without any government interference whatsoever. If a person decides to exceed that threshold, there is no criminal penalty, but rather a permitting system to be developed by the newly created California Cannabis Commission.
Under this new paradigm, local jurisdictions will not be able to ban safe access of cannabis to adults. Pack, Riverside, District Attorney Cooley, City Attorney Huizar, local bans; they all become moot. Other bad court decisions that are currently on the books become irrelevant. California will no longer spend hundreds of millions of dollars on the implementations of prohibition. Instead, a net gain of hundreds of millions of dollars will pour into California’s coffers to be spent on education, preserving the environment, updating our infrastructure, and perhaps, funding universal healthcare. All criminal enforcement will be left to the Feds and the beast of prohibition will begin to die just as it did with alcohol.
We only have a few months left to gather the signatures we need to begin making this vision a reality. We need to generate over $1 million and we need your help. Please show your support by making a donation of $100 or more. Join RCPA2012 today and begin turning this Golden State green.
Joe Rogoway, Esq.
Co-Author RCPA 2012