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And you left out this preceding portion of the text:
That is decidedly not just for transportation, BZ. Gotta point that out.
Okay, it's taken me a while to wrap my head around all of this too, as well as reading a lot of legal analyses, mostly from Ms. Soares (she's the only one writing them), but let me take a stab at this.
Notwithstanding any other provision of law, **it is lawful** and shall not be a public offense under California law for any person 21 years of age or older to:
So. This clause is telling us what is lawful. It's lawful for a person above 21 to do the following things. What it doesn't say is that it in unlawful for that person not to do those things, nor that other things that aren't mentioned are unlawful. It just says, "Ignoring all other statues, this stuff is legal now:"
It is lawful for a person to possess 1 oz for all of those purposes.
The notwithstanding... preface applies to all three sub points of the section.
(a) Notwithstanding any other provision of law, it is lawful and shall not be a public offense under California law for any person 21 years of age or older to:
...
(iii) Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption.
So what we're looking at here is that 11300(a)(i) AND 11300(a)(iii) BOTH describe legal behaviors. It is legal to do this. It is also legal to do that. (iii) says that as long as you hold to (ii)--25 sq feet, then whatever you grow you keep as long as you don't try to transport or sell it. (i) doesn't trump (iii). Both have to be given the same weight. They simply say: "This is legal," not "This is legal at the exclusion of that."
That's not what the proposition says. It makes no distinction whatsoever for your location when you're in possession of that ounce.
This is incorrect. 11300(a)(iii) clearly makes this distinction. Just to ram it home again:
(iii) Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption.
So (i) says: "It is legal to have 1oz." (iii) says: "It is legal to have as much as you can grow at your grow site." They are not mutually exclusive. One does not nullify the other. It's just saying: this is legal. This is also legal.
I just want to be fair about this. I don't support prop 19, but I also don't want to put myself where I'm in the position of distorting the truth... The end does not justify the means. Honestly, I was really concerned about this at first but after another couple of reads, I feel comfortable that keeping the total proceeds of your 5x5 grow is protected under 19 as long as it is ONLY for PERSONAL USE, not for sale or transport, etc.
Personally, I think 1oz is an insulting limit when I can go down to BevMo with a UHaul and buy as many cases of hard liquor as I can cram into it, but that's another discussion. Let's at least be fair to the bill and read it for what's there, lest we be accused of lying and fearmongering.
There are many fights to be picked concerning prop 19. This just ain't one of them.
Say you guess your plant will produce 1 oz, but you do shit right and produce 1.5 oz, a type of improved yield which is not unheard once a grower gets a plant dialed in or lets it veg for an extra week or two, for example. If this was not left open, the law would then criminalize the grower just for being a better grower.
The way I see it is that you can produce as much as you are able in that 25 sq ft area, but can only bring out with you outside the growing premises 1 oz of bud ready to smoke.
I find this to be precisely correct. It would be beyond hypocritical for 19 to allow 5x5 and then not allow the total sum yield of that 5x5. To say, "You can grow 5x5 but everything you get over 1oz you have to throw away," would be absurd. Outside of your home, 1oz is the limit, but inside your home/at the garden site, you're allowed as much as you can grow for "personal consumption," which is defined as 5x5.