PROPOSED LAW
SECTION 1. Section 11357.1 is added to the Health and Safety Code, to read:
11357.1 This section shall be known and may be cited as the Cannabis Freedom Act of 2012.
(1)The people of the State of California hereby find and declare that the purposes of the Cannabis Freedom Act of 2012 are as follows:
(A) To declare in accordance with Article 22 of the United Nations Nations Single Convention on Narcotic drugs that prohibition is the least suitable measure for the control of cannabis in the State of California in the United States of America. To provide notification in accordance with Article 3 of the United Nations Single Convention on Narcotic drugs to the United Nations and World Health Organization that cannabis needs to be descheduled.
(B) To ensure that Californians have the right to obtain and use marijuana for their own purposes.
(C) To ensure that Californians who obtain and use marijuana are not subject to criminal prosecution or sanction.
(D)(1)To authorize the state legislature to tax cannabis products at the same general retail sales tax rate per tobacco products.
(2)Regulation and Licensing
(a)Authority to regulate and promote the commercial cultivation of 100 cannabis plants or more shall be given to the California Department of Agriculture. (1) The cultivation of 100 plants or less and less than 500 square feet total cultivation area ) shall be considered out of the scope of government regulation and control. (a) Plants & their remnants cultivated under this provision shall not be sold for retail consumption but however shall be freely exchanged as gifts.
(b)Authority to regulate wholesale and retail transactions shall be given to the California Department of Alcohol Beverage Control. (1) Entities which can show good cause they provided non-profit cannabis prior to the adoption of the Cannabis Freedom Act shall be granted automatic licensure with a 5 year waiver on fee's. (2) Licensing shall be granted without discrimination unless the applicant has a history of crimes involving minors. (3) After a four year period a cap on the number of licenses shall be established. (a) The cap shall be the sum of current number of licenses plus fifty percent. The cap shall be adjusted upward annually at a rate of atleast 5% not to exceed 20%. (4) Persons convicted of crimes against or involving minors shall be prohibited from employment by license holders.
(c)Regulations on transactions and cultivation of cannabis shall not apply to collectives and cooperatives as authorized in SB420.
(d) SB420 entities shall be prohibited from public advertisement and direct over the counter retail sales.
(e) The State of California and all of its political subdivisions shall be prohibited from licensing foreign entities, persons, corporations, partnerships, ect. for purposes of this act. A person shall not be considered foreign after 7 years of verified continuous California residence.
(3) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others.
(a) Persons driving under the influence of Cannabis shall be subject to the provisions and penalties in California Vehicle Code Section 23152. (1) Testing for behind the wheel impairment shall be done by using "Frustrated total internal reflection (FTIR)" devices.
(b) Employers shall retain the right to screen employees for cannabis use so much that it does not discriminate against those with a legitimate medical use under the Compassionate Use Act and does not impair job performance.
(c) Persons must be of legal age to join military service in order to lawfully purchase cannabis.
(4) Removal of Criminal Penalties for Cannabis
(a)Section 11054(d)(13) Classification of marijuana as a California controlled substance, Section 11357, relating to the possession of marijuana, Section 11358, relating to the cultivation of marijuana, Section 11359, relating to the sales of marijuana, Section 11360, relating to the transportation and distribution of marijuana, Section 11362, relating to classification of marijuana as a crime shall be repealed from the California Health and Safety Code and the legislature and local governments are hereby prohibited from imposing any criminal penalties relating to cannabis.
(b) All persons previously arrested and/or convicted of the offenses listed in 11357.1 (4)(a) shall have the record of their arrest and/or conviction vacated. All persons whom incarcerated solely for offenses listed in 11357.1 (4)(a) shall be immediately released from custody.
(c)The words marijuana and cannabis and all its surnames shall be removed from the penal and health and safety code.
(1) Section 11362.5 The Compassionate Use Act, Sections 11362.7 through 11362.9 as approved by the California State Legislature in Senate Bill 420, Section 11357.1, Section 11361, Section 11361.5 and Section 11361.7 of the Health and Safety Code shall retain the words marijuana, and cannabis.
(5)Industrial Hemp
(a) Cannabis that is cultivated, sold, refined, transported, and/or processed for industrial purposes shall be exempt from excise taxation.
(b) Automotive, Jet, Diesel, and other fuels produced from industrial cannabis shall be exempt from excise taxation in the State of California.
(c) The University of California and California State University systems shall establish materials research programs to facilitate the development of advanced industrial material made out of non-psychoactive cannabis.
(d) The California Department of Agriculture shall be responsible for the regulation of the cultivation of Cannabis for industrial purposes.
SECTION 2. Section 420.9 is added to the Government Code, to read: Marijuana (Cannabis Indica) is the official state herb..
SECTION. 3. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
It is. Most people I know that are sam's age want the industry to hold out, they aren't making enough on pensions, social security is a joke, they were forced out of jobs to make way for younger folk. Not Sam though, sounds like he's sitting pretty.
How juvenile to attack my login name... Get a life PJ.
I agree.. It makes me sick how we are all suppose to be here for a common cause. Instead greed has taken over. Its really sad when you think about it. IMO a lot of the people against are lazy ass growers that cant think of one other way to make a buck other than grow weed so out of there own sense of "Im worthless once this gig is up" they fight it till the end. Nothing like having all the marbles in one bag.
I have noticed those commentors who can't make good clear sense with their argument soon drop to complicated non-sense, then next drop is to name calling.
I just think it's funny seeing old people who made a good amount off the cannabis trade have this ethical come to Jesus moment before they swim across the river into double rainbow land. Sam was fighting hard for big brother business in the 70's & 80's . Does that make sense?
Let's just say common sense tells me not to shoot myself in foot financially, no matter how awesome you or anyone thinks it might feel to walmart the weed. In pretty damn far from utopian.
Uh... YES! For $100 you can get your medical... it's that easy.We want to let big biz in to normalize the trade.
Sure medical is great for the growers, but what about the majority of smokers that are not medical users? Do we just throw them in jail? Or make them pretend to be patients to protect the growers income?
BS Sam, that's just not true. But I won't argue as your statement is borderline flaming... and I prefer a civil discourse.Anyone that thinks Cannabis should be kept illegal so they can continue to make money is not a friend of any Cannabis patient/smoker.
Hey Sam! We all know you have patents, pharma-cannabis and money to boot, but most of us NEED this income, we have no back-up plans. So please try to take an outside perspective.I look forward to full taxed and regulated Cannabis, and I know the price will drop dramatically when it happens. Cannabis can be grown for the same costs as other agricultural crops, name any that sell for over $1000 a pound? Legal Cannabis will be a few hundred dollars a pound un-manicured, at the most.
Well shame on you for not supporting where you came from. What if the federal illegality of cannabis results in a SMALL FARM DOMINATED INDUSTRY, LIKE OUR CURRENT SYSTEM!!!!!! SUPPORT YOUR LOCAL SMALL FARMS AND FUCK BIG BIZ & BIG AG.Anyone that says illegal Cannabis is better, is a self serving person that most likely cares more about money then people, I say shame!
Not that they care, as long as they are all OK.
I am not accusing anyone of being a self serving person, you know if you are or not.-SamS
I just think it's funny seeing old people who made a good amount off the cannabis trade have this ethical come to Jesus moment before they swim across the river into double rainbow land. Sam was fighting hard for big brother business in the 70's & 80's ... I just dont buy it, does that make sense?
Just wondering if you buy any big biz products like food, alcohol, automobiles, gasoline, clothing, travel in airplanes, use pharmaceutical products, phones, computers, or any of the other commercialized products or services?
Yeah, agreed. This would be a lot easier to swallow from someone NOT poised to make a fortune from legalization.It is not about a utopia like you imply, it is about beginning the path that will lead to full legalization nationwide and worldwide, if you think it is better as it is that is most likely because you are young and do not understand the effects the laws against Cannabis have caused, in California, the Nation, and Worldwide. It would have to be better legal, period. The arrests must stop.
You want to play this game. I'm all in. I do not buy commercial food, I only shop at farmer's markets and the co-op. I do not drink commercial alcohol, only microbrew. I drive a effing prius. I wear hemp/organic cotton clothes. I do travel in airplanes, but hate it. I REFUSE to use any pharmaceuticals... I have cannabis. Guilty as charged on the phone and computer, gotta stay in touch.
SO I WOULD SAY BIG BIZ CAN GO TO HELL!
Yeah, agreed. This would be a lot easier to swallow from someone NOT poised to make a fortune from legalization.