This blog is intentionally created to document important legislation that can be adopted by any courageous citizens to be put before their local legislature OR by direct citizens ballot initiative. The citizens initaitive process is the peoples method of putting legislation before the voters on the ballot, and empowering voters to become the lawmakers by a popular vote. More info is at http://www.activismtruth.com
Wednesday, May 1, 2013
Hemp and Health Initiative to End Cannabis Prohibition
This legislation was created for the State of California by the great Jack Herer, visionary and activist. With a
little tweaking, it can be redrafted for your city county or state. I
encourage everyone to join the network of concerned citizens who will
sign petitions and collect signatures themselves, distributing the
workload required for a signature drive, to qualify this initiative and
others you care about for the ballot. Go to http://www.ActivismTruth.com
This petition is being re-filed for California with the same organization under a new website address http://www.CCHI2014.org
California Cannabis Hemp & Health Initiative 2012
PROPOSED REVISIONS TO THE 2010 INITIATIVE WORDING:
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:
I. Add Section 11362.6 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,
(a) Cannabis hemp industrial products.
(b) Cannabis hemp medicinal preparations.
(c) Cannabis hemp nutritional products.
(d) Cannabis hemp euphoric 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
(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 extraction of
atmospheric carbon dioxide and toxic soil reclamation.
(c) The term “cannabis hemp medicinal
preparations” means natural cannabis hemp, and 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 including, but not limited to bipolar,
depression, attention deficit disorder, or attention deficit hyperactivity
disorder, are also conditions considered for medical use.
(d) The term “cannabis hemp nutritional products”
means cannabis hemp grown 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 internal consumption by people for personal
recreational, meditative, spiritual, religious, or other purpose, 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
relaxant, 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
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
4. Cannabis hemp and cannabis hemp medicinal
preparations are hereby reclassified and de-scheduled from the California
Uniform Controlled Substances Act, and restored to the list of available
medicines in California. Licensed physicians shall not be penalized for, nor
restricted from, approving or recommending cannabis hemp for medical purposes
to any patient, regardless of age. No tax shall be applied to 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
(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.
Testing for active (not metabolized) cannabis may be used and considered in
determining employment, 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
6. 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 beer and wine model. For the purpose of
distinguishing personal from commercial production, 99 flowering female plants
and 12 pounds of dried, cured cannabis hemp flowers, bud, but not leaf,
produced per adult, 21 years of age and older, per year shall be considered as
being for personal use.
7. 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.
8. 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 that are hereby no longer illegal
in the State of California.
9. 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:
case review for the purpose of amnesty, immediate release from prison, jail,
parole, and probation, and clearing, expunging, and deletion of all cannabis
hemp marijuana 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 that 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 beer and 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. Regulation and
enforcement shall be in a manner analogous to California’s beer and wine model.
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 of dried cured cannabis flowers or $2.00 per gram of cannabis
concentrates. Fifty percent of the excise tax revenues collected shall be made
available for the research, development and promotion of industrial and
medicinal hemp industries in California.
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.