This
is the initiative Jack tried to get on the ballot since the
1970s: |
AN
ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:
I.
Add Section _________ to the Health and Safety Code of California,
any laws or policies to the contrary notwithstanding:
1.
No person, individual, or corporate entity shall be arrested or prosecuted,
be denied any right or privilege, nor be subject to any criminal or
civil penalties for the possession, cultivation, transportation, distribution,
or consumption of cannabis hemp marijuana, including:
(a)
Cannabis hemp industrial products.
(b)
Cannabis hemp medicinal preparations.
(c)
Cannabis hemp nutritional products.
(d)
Cannabis hemp religious and spiritual products.
(e)
Cannabis hemp recreational and euphoric use and products.
2.
Definition of terms:
(a)
The terms "cannabis hemp" and “cannabis hemp marijuana”
mean the natural, non-genetically modified plant hemp, cannabis,
marihuana, marijuana, cannabis sativa L, cannabis Americana, cannabis
chinensis, cannabis indica, cannabis ruderalis, cannabis sativa,
or any variety of cannabis, including any derivative, concentrate,
extract, flower, leaf, particle, preparation, resin, root, salt,
seed, stalk, stem, or any product thereof.
(b)
The term "cannabis hemp industrial products" means all
products made from cannabis hemp that are not designed or intended
for human consumption, including, but not limited to: clothing,
building materials, paper, fiber, fuel, lubricants, plastics, paint,
seed for cultivation, animal feed, veterinary medicine, oil, or
any other product that is not designed for internal human consumption;
as well as cannabis hemp plants used for crop rotation, erosion
control, pest control, weed control, or any other horticultural
or environmental purposes, for example, the reversal of the Greenhouse
Effect and toxic soil reclamation.
(c)
The term "cannabis hemp medicinal preparations" means
all products made from cannabis hemp that are designed, intended,
or used for human consumption for the treatment of any human disease
or condition, for pain relief, or for any healing purpose, including
but not limited to the treatment or relief of: Alzheimer's and pre-Alzheimer's
disease, stroke, arthritis, asthma, cramps, epilepsy, glaucoma,
migraine, multiple sclerosis, nausea, premenstrual syndrome, side
effects of cancer chemotherapy, fibromyalgia, sickle cell anemia,
spasticity, spinal injury, stress, easement of post-traumatic stress
disorder, Tourette syndrome, attention deficit disorder, immunodeficiency,
wasting syndrome from AIDS or anorexia; use as an antibiotic, antibacterial,
anti-viral, or anti-emetic; as a healing agent, or as an adjunct
to any medical or herbal treatment. Mental conditions not limited
to bipolar, depression, attention deficit disorder, or attention
deficit hyperactivity disorder, shall be conditions considered for
medical use.
(d)
The term "cannabis hemp nutritional products" means cannabis
hemp for consumption by humans and animals as food, including but
not limited to: seed, seed protein, seed oil, essential fatty acids,
seed cake, dietary fiber, or any preparation or extract thereof.
(e)
The term "cannabis hemp euphoric products" means cannabis
hemp intended for personal recreational or religious use, other
than cannabis hemp industrial products, cannabis hemp medicinal
preparations, or cannabis hemp nutritional products.
(f)
The term "personal use" means the internal consumption
of cannabis hemp by people 21 years of age or older for any relaxational,
meditative, religious, spiritual, recreational, or other purpose
other than sale.
(g)
The term "commercial production" means the production
of cannabis hemp products for sale or profit under the conditions
of these provisions.
3.
Industrial cannabis hemp farmers, manufacturers, processors, and distributors
shall not be subject to any special zoning requirement, licensing
fee, or tax that is excessive, discriminatory, or prohibitive.
4.
Cannabis hemp medicinal preparations are hereby restored to the list
of available medicines in California. Licensed physicians shall not
be penalized for, nor restricted from, prescribing or recommending
cannabis hemp for medical purposes to any patient, regardless of age.
No tax shall be applied to prescribed cannabis hemp medicinal preparations.
Medical research shall be encouraged. No recommending physician shall
be subject to any professional licensing review or hearing as a result
of recommending or approving medical use of cannabis hemp marijuana.
5.
Personal use of cannabis hemp euphoric products.
(a)
No permit, license, or tax shall be required for the non-commercial
cultivation, transportation, distribution, or consumption of cannabis
hemp.
(b)
Testing for inactive and/or inert residual cannabis metabolites
shall not be required for employment or insurance, nor be considered
in determining employment, other impairment, or intoxication.
(c)
When a person falls within the conditions of these exceptions, the
offense laws do not apply and only the exception laws apply.
6.
Use of cannabis hemp products for religious or spiritual purposes
shall be considered an inalienable right; and shall be protected by
the full force of the State and Federal Constitutions.
7.
Commerce in cannabis hemp euphoric products shall be limited to adults,
21 years of age and older, and shall be regulated in a manner analogous
to California's wine industry model. For the purpose of distinguishing
personal from commercial production, 99 flowering female plants and
12 pounds of dried, cured cannabis hemp flowers, bud, not leaf, produced
per adult, 21 years of age and older, per year shall be considered
as being for personal use.
8.
The manufacture, marketing, distribution, or sales between adults
of equipment or accessories designed to assist in the planting, cultivation,
harvesting, curing, processing, packaging, storage, analysis, consumption,
or transportation of cannabis hemp plants, industrial cannabis hemp
products, cannabis hemp medicinal preparations, cannabis hemp nutritional
products, cannabis hemp euphoric products, or any cannabis hemp product
shall not be prohibited.
9.
No California law enforcement personnel or funds shall be used to
assist or aid and abet in the enforcement of Federal cannabis hemp
marijuana laws involving acts which are hereby no longer illegal in
the State of California.
10.
Any person who threatens the enjoyment of these provisions is guilty
of a misdemeanor. The maximum penalties and fines of a misdemeanor
may be imposed.
II. Repeal, delete, and expunge any and all existing statutory laws
that conflict with the provisions of this initiative.
1.
Enactment of this initiative shall include: amnesty, immediate release
from prison, jail, parole, and probation, and clearing, expungement,
and deletion of all criminal records for all persons currently charged
with, or convicted of any non-violent cannabis hemp marijuana offenses
included in this initiative which are hereby no longer illegal in
the State of California. People who fall within this category that
triggered an original sentence are included within this provision.
2.
Within 60 days of the passage of this Act, the Attorney General shall
develop and distribute a one-page application, providing for the destruction
of all cannabis hemp marijuana criminal records in California for
any such offense covered by this Act. Such forms shall be distributed
to district and city attorneys and made available at all police departments
in the State to persons hereby affected. Upon filing such form with
any Superior Court and a payment of a fee of $10.00, the Court shall
liberally construe these provisions to benefit the defendant in furtherance
of the amnesty and dismissal provision of this section. Upon the Court's
ruling under this provision the arrest record shall be set aside and
be destroyed. Such persons may then truthfully state that they have
never been arrested or convicted of any cannabis hemp marijuana related
offense which is hereby no longer illegal in the State of California.
This shall be deemed to be a finding of factual innocence under California
Penal Code Section 851.8 et seq.
III. The legislature is authorized upon thorough investigation, to enact
legislation using reasonable standards to:
1.
License concessionary establishments to distribute cannabis hemp euphoric
products in a manner analogous to California's wine industry model.
Sufficient community outlets shall be licensed to provide reasonable
commercial access to persons of legal age, so as to discourage and
prevent the misuse of, and illicit traffic in, such products. Any
license or permit fee required by the State for commercial production,
distribution or use shall not exceed $1,000.00.
2.
Place an excise tax on commercial sale of cannabis hemp euphoric products,
analogous to California's wine industry model, so long as no excise
tax or combination of excise taxes shall exceed $10.00 per ounce.
3.
Determine an acceptable and uniform standard of impairment based on
performance testing, to restrict persons impaired by cannabis hemp
euphoric products from operating a motor vehicle or heavy machinery,
or otherwise engaging in conduct that may affect public safety.
4.
Regulate the personal use of cannabis hemp euphoric products in enclosed
and/or restricted public places.
IV. Pursuant to the Ninth and Tenth Amendments to the Constitution of
the United States, the people of California hereby repudiate and challenge
Federal cannabis hemp marijuana prohibitions that conflict with this
Act.
V. Severability: If any provision of this Act, or the application of
any such provision to any person or circumstance, shall be held invalid
by any court, the remainder of this Act, to the extent it can be given
effect, or the application of such provisions to persons or circumstances
other than those as to which it is held invalid, shall not be affected
thereby, and to this end the provisions of this Act are severable.
VI. Construction: If any rival or conflicting initiative regulating
any matter addressed by this act receives the higher affirmative vote,
then all non-conflicting parts shall become operative.
VII. Purpose of Act: This Act is an exercise of the police powers of
the State for the protection of the safety, welfare, health, and peace
of the people and the environment of the State, to protect the industrial
and medicinal uses of cannabis hemp, to eliminate the unlicensed and
unlawful cultivation, selling, and dispensing of cannabis hemp; and
to encourage temperance in the consumption of cannabis hemp euphoric
products. It is hereby declared that the subject matter of this Act
involves, in the highest degree, the ecological, economic, social, and
moral well-being and safety of the State and of all its people. All
provisions of this Act shall be liberally construed for the accomplishment
of these purposes: to respect human rights, to promote tolerance, and
to end cannabis hemp prohibition.
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