California’s Recreational Marijuana Law

  • richardmosslaw
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  • August 12, 2018
  •     In November 2016, Californians voted in favor of legalizing recreational marijuana in the state. The AUMA or Adult Use of Marijuana Act was finally implemented in December, 2017. The new law allows commercial production, distribution and sale of cannabis to adults and for adult use. Anyone aged twenty one or above can possess […]

     

     

    In November 2016, Californians voted in favor of legalizing recreational marijuana in the state. The AUMA or Adult Use of Marijuana Act was finally implemented in December, 2017. The new law allows commercial production, distribution and sale of cannabis to adults and for adult use. Anyone aged twenty one or above can possess and privately use marijuana. One may even give away cannabis but no more than one ounce. Citizens can grow marijuana or cannabis in their residences or on their properties but a maximum of six plants at a time. Only those licensed by the state can sell marijuana in their stores. The license is regulated in accordance with the statutes of Medical and Adult Use of Cannabis Regulation and Safety Act or MAUCRSA.

     

    The new law does not change the old medical marijuana law of 1996 that permitted use of cannabis for patients of all ages under supervision and upon recommendation of a physician. The licensing and regulation of all retail sales including distribution are under the purview of the Bureau of Cannabis Control, which is within the ambit of the Department of Consumer Affairs. The Department of Food and Agriculture will regulate cultivation. The Department of Public Health will oversee manufacturing. In addition to the state law, there can be local city or county laws that may complement the legislation or may even illegalize certain acts of possessing, selling, distributing and consuming recreational marijuana.

     

    Adults can possess and process, purchase and transport, obtain and give away recreational marijuana to other adults older than twenty one but limited to eight grams. Anything more than an ounce of marijuana in personal possession must be kept locked in a residential property, away from public access. Reasonable restrictions on sale, distribution and cultivation may be enforced by the state or local government from time to time but it would not forbid cultivation, consumption or sale entirely.

     

    California’s recreational marijuana law still does not authorize anyone to smoke, ingest or vaporize cannabis in public places. No one should smoke cannabis in a designated non smoking zone, within a thousand feet of schools and youth centers, daycare centers or where children are present. Commuters cannot consume marijuana while riding or driving, be it a car, boat or plane. Commercial vehicles with a special license can allow onboard marijuana consumption, provided there are no children aboard.

     

    California’s recreational marijuana law does not revoke or repeal the rights of companies or employers to conduct drug tests at their workplaces. They can always forbid use of marijuana by employees, at work or before and after work on the premises. Landlords or property owners can also prohibit the use of marijuana on their premises. State or local government agencies can have their own policies pertaining to recreational use of marijuana. Recreational marijuana should not be confused with medical marijuana. The weight limits mentioned above pertain to concentrated cannabis and not derivatives or blends. Unlicensed people cannot engage in commercial transactions of marijuana. They can only gift it to others.

     

    The Growth of Private Prisons in California

  • richardmosslaw
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  • May 22, 2015
  • It is no joke how full the prisons are getting especially in California. Many experts believe that private prisons are a not only a bad idea, but immoral. Inmates get mistreated and overcrowding becomes a big issue. These overcrowded prisons in California are not offering their inmates proper medical care which is part of the […]

    It is no joke how full the prisons are getting especially in California. Many experts believe that private prisons are a not only a bad idea, but immoral. Inmates get mistreated and overcrowding becomes a big issue. These overcrowded prisons in California are not offering their inmates proper medical care which is part of the reason why fights will  break out and matters become violent. You cannot expect prisoners to act dignified when they are not treated like dignified human beings. They are being treated like animals so that is precisely how they will behave. Aside from the treatment of the prisoners, the entire concept of turning prison into a business, or the fact that private prisons benefit financially when their prisons are full as opposed to empty is a scary fact that permeates through American society.

    In regards to overcrowding, back in 2013 there was an order that gave Governor Jerry Brown an additional month to respond to a different court order that asked him to reduce the population of the prisons by 9,600.  It was the only way to get him to take immediate action. According to critics, the overcrowding in private prisons is a serious issue and there is no time for appeals. The court created a cap in the prison population to make sure that the inmates where getting the proper health care that they need. This becomes a safety issue because when there is overcrowding, there is simply not enough staff to take care of all of the prisoners, which in turn becomes a human rights issue.

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    In order to deal with the overcrowding crisis, Gov. Brown was signing deals with out of state private prisons to hold some of his prisoners out of state. However, the court has stopped him from doing this as they feel it is an inhumane way to handle the situation. While private prisons continue to make a quick buck from another inmate rolling into their prisons, prisoners are suffering from like of medical health care and the government is losing control of the situation.

    There is a very strong prison guard union that is firing back with a campaign against people who run these private prisons. They want to tell the voters that these prisons are run poorly and this type of business takes jobs away from qualified union workers. These prison workers along with a number of other individuals believe that prisons should not be a for-profit system, and no one should benefit financially off of prisoners. They may be prisoners, but it is simply inhumane to not provide them with the proper food, medical care, and other necessities that they are going without.

    Most of these same individuals lost faith in Governor Brown when he signed a deal with the CCA prison for well over $28 million. This facility contains inmates from federal prisons and is run poorly, with too many prisons already residing there and being poorly cared for, according to critics.

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    The debate goes back and forth with Democrats and Republicans.  According to the liberal argument, prisons should not be a way for businessmen to make a quick dollar. Either way, overcrowding in private prisons is a huge problem in California

    Obama Supports Federal Effort to Send Away Criminal Immigrants

  • richardmosslaw
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  • April 29, 2015
  • Many people have their eyebrows raised when they take the time to consider the idea of President Obama supporting the deportation of immigrants who are convicted of crimes. Apparently there was a program much like this one that was a total flop and gave programs like this a really bad name leaving a bad taste […]

    Many people have their eyebrows raised when they take the time to consider the idea of President Obama supporting the deportation of immigrants who are convicted of crimes. Apparently there was a program much like this one that was a total flop and gave programs like this a really bad name leaving a bad taste in the mouth of officials. They want this program to be presented in a lighter way with less bad tastes being left behind. The requests from Immigration and Customs Enforcement preferred that jails hold onto immigrants until federal department officials could pick them up. This is something the new program is doing away with.

    While many experts say this is a much gentler and kinder version of the former program, it simply is not enough. Under this new program which is called the Priority Enforcement Program, jails and prisons will be told to make federal authorities aware when an individual is going to be released, so that federal agents can be ready to act. What makes this so much different than the previous program is that only individuals who have been convicted of crimes that are serious in nature will be specifically targeted.  In the past, less serious offenses would also sound the alarm, including drug possession of low amounts, and traffic citations, according to Placer County DUI Attorney Michael Rehm.

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    Even though this is a much more effective way to handle things, there are still some people who are skeptical. There is currently a debate going on about whether or not everyone that is being arrested should be fingerprinted. This is due to the fact that this is a way that people could easily be deported who have not necessarily been convicted of any crimes. There is also a debate about who exactly will be targeted whether it be violent criminals or individuals who have committed no actual crimes but we brought into the United States illegally.

    No matter what President Obama says or does, there are always going to be people who are unsatisfied with the result. He has made plans to offer legal protection to illegal immigrants saying it would make the United States much safer by providing other resources to hunt down the real criminals. Individuals who work for immigration are saying that it may harder to get criminals if the officials in the local law enforcement have no plans to cooperate. While Obama’s plan does sound like a good idea, there are always downsides to every good plan. There is really no right or wrong way to go about it.

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    Data has shown that over 58,000 of the requests were not in regards to hardened criminals. So the system is not working like it should. There is never going to be any system that makes everyone 100% satisfied. Whether it is the plan or the outcome of the plan, there will always be critics that make it sound inhumane or simply not good enough. The reality is, if the flaws in the system are able to be fixed, this is an excellent way to keep good people in the country and get the bad ones out.