The 2010 California Initiative

How it fits with existing law

The Act is a "notwithstanding" measure. It does not purport to undo or unravel the entire matrix of the existing prohbition laws, but, rather, accepts them as they are and declares that notwithstanding existing law, certain acts and practices are hereafter legal.

That is a departure from the way that most criminal codes are written. Typically, laws declare what conduct constitutes a crime, leaving everything else legal. Here, against the backdrop of prohibition, the acts and practices affirmatively declared legal are personal possession, cultivation and transportation, and commerce with a license, leaving everything else illegal.

Since this is a voter initiative and not a bill that is working its way through the legislative process, it is essential that it be succinct, concise and clear. By employing the "notwithstanding" approach, the Act accomplishes that deftly.