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Mendo: Narrow Victory of Measure B Emboldens Pro-MJ Opponents

by CA NORML
SLENDER VICTORY FOR MENDOCINO MEASURE B EMBOLDENS PRO-MARIJUANA OPPONENTS
California NORML Release, Jun 4th, 2008
Mendocino County's anti-pot Measure B scored a narrow 52-48%
victory, disappointing proponents who had expected a blowout. Early
polls had shown the measure leading by nearly 2-1, but the No on
Measure B campaign http://nomeasureb.org gained ground in the closing
days of the campaign with a vigorous media, mail and get-out-the-vote
campaign, plus a favorable state appellate court ruling that appeared
to invalidate one of the key provisions in Measure B.
Measure B, which was propelled by public dissatisfaction with
abuses by commercial marijuana growers, repeals the county's
Personal Use of Marijuana Initiative of 2000, Measure G, which
allowed cultivation of up to 25 plants for personal use, and tries to
establish a new limit of 6 plants and 8 ounces for medical marijuana
patients. However, opponents argue that the latter provision
directly conflicts with a recent Cal. Court of Appeals decision,
People v Kelly, which declared such a limit unconstitutional.
"The passage of Measure B settles nothing," said Dale Gieringer of
California NORML, one of the sponsors of the No on B campaign.
"It's major enforcement provision is invalid, and it contains nothing
that addresses the real problems of large-scale criminal cultivation.
The county needs to go back to the drawing board." Opponents have
already launched a court challenge to Measure B and are considering
new proposals to reassert key principles of Measure G.
Measure G, which passed in the 2000 November election, ran far
stronger than Measure B, gathering 19,293 votes, or 58.5% of the
vote. In contrast, Measure B had just 8.493 votes with 100% of
precincts reporting, or 52.15% of the vote.. Opponents of Measure
B faced a major uphill battle as the Board of Supervisors had
deliberately scheduled the vote for a low-turnout, primary election,
which traditionally attracts older, more conservative voters.
Marijuana advocates believe they have a good chance of winning
future battles in a wider general election.
- Dale Gieringer, Cal NORML

---------------------------------------------------------------------------
Voters say yes' on B: Marijuana reform measure approved

By BEN BROWN/The Daily Journal (Ukiah, CA)
Article Last Updated: 06/04/2008 12:56:13 AM PDT


http://www.ukiahdailyjournal.com/ci_9474034?source=rss
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by Steve Kubby (via list)
The American Medical Marijuana Association

Tuesday, June 3, 2008

Measure B Passes - Now What?
by Steve Kubby, Director

MENDOCINO, CA -- As of 11 PM, the Measure B initiative appears headed
for a certain victory. So far, stories about Measure B have been
published in over 500 newspapers across the US, indicating the intense
interest in this initiative. A lot of people will be asking the same
question Wednesday morning, "what does the passage of Measure B mean?"

For big time growers, professional smugglers and criminal gangs, the
passage of Measure B will mean the police will go back to culling out
the amateurs, resulting in the return of higher prices and stronger
demand on the black market. Even small time local growers are
complaining about the falling prices and saturated market from last
summer. So the very people who are causing the most problems, will be
thrilled with the passage of Measure B and will probably make a whole
lot more money this summer, as a result.

For patients across the state of California, it means that law
enforcement will be a greater threat than ever, since they will use
Measure B as a mandate to punish anyone who uses marijuana medically,
in any amount, for any reason.

Fortunately, the Kelly and Wright decisions have declared the state
limits as unconstitutional. The Attorney General of California has
said they are considering an appeal, but a review by the AG is
required by law anyway and there is no evidence that the AG will
actually make an appeal.

Now for the Good News: A court challenge of Measure B is already in
the works, thanks to the heroic efforts of J.David Nick and Edie Lerman.

Prop. 215 has only one limit on patients or caregivers, which is that
the whatever the amount, it must be for medical use. Since the courts
have thrown out the SB 420 limits as unconstitutional, the new gold
standard will be CURRENT MEDICAL USE. Thus, the amount of plants or
dried cannabis, must be reasonably related to the amount currently
being consumed by the patient(s). Only two people are qualified to
determine the current medical use, the doctor and/or the patient.

One final word to patients, don't talk to police! No matter what the
question, or what you think, do not speak to police, because ANYTHING
you say WILL be used against you. Especially now, with the passage of
Measure B.

In fact, everyone reading this email would do well to visit the
following video, by a law professor who explains why you should NEVER
speak to a police officer:

"Don't Talk to the Police" by Professor James Duane - 27 min - May 21,
2008
http://video.google.com/videoplay?docid=-4097602514885833865&q=DONT+TALK+TO+POLICE&ei=_kNGSLKeG4PoqgPt76nADA


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