Excellent story by David Borden, the Executive Director of StopTheDrugWar.org, about the lies and misinformation being spread about Prop. 19. The passage of this could be a watershed moment in the tearing down of the failed war on drugs and we need everyone on the same side. Medicinal users need to know that Recreational and Industrial proponents aren’t trying to take away their medicine and neither is Prop 19. It’s just taking the next logical step in freeing it for everyone.
“Section 2B presents the controlling and relevant purposes for understanding what Prop. 19 can and cannot do. This section EXPRESSLY excludes the reach of Prop. 19 from the CUA and MMP. Sections 2B (7 & 8) specifically state that the purpose of this initiative is to give municipalities total and complete control over the commercial sales of marijuana “EXCEPT as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9.
Even without that protection, Nick further explains, it would be virtually impossible for the courts to interpret Prop 19 as allowing cities or counties to gut the state medical marijuana law, because of the rules of statutory construction:
Although extrinsic materials (such as legislative committee memos or voter pamphlet arguments) may not be resorted to when the legislative language is clear, courts may never ignore the purpose of the legislation. Every interpretation a court gives a statute must be consistent with the purpose of the legislation. This is why statutes have long “preambles” which explicitly state the purposes of the legislation.”
Click on the puff, puff pass to read the full story at the Huffington Post.