The Cannabis Freedom Act

[FreedomFGHTR]

As many ICmag readers know, I have been against all of the current "legalization" proposals that have been put on the table by "activists" here in California. In the course of this many have asked what I propose instead. So here it is. It took me about 30 minutes to draft up. Basically it's prop 215 version 2.0, since I used the prop 215 text and framework as the basis. Hey Prop 215 did work. So after 2010 when Richard Lee's measure fails, and the legislature doesn't deliver on AB390 we have a solution that we can all agree on.

PROPOSED LAW ​

SECTION 1. Section 11357.1 is added to the Health and Safety Code, to read:
11357.1 (a) This section shall be known and may be cited as the Cannabis Freedom Act of 2012.
(b)(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 ensure that Californians have the right to obtain and use marijuana for their own purposes.
(B) To ensure that Californians who obtain and use marijuana are not subject to criminal prosecution or sanction.
(C)To authorize the state legislature to tax cannabis products at the same general retail sales tax rate per any other herbal product.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others.
(c) 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and distribution of marijuana, Section 11362, relating to classification of marijuana as a crime shall be repealed from the California Health and Safety Code and the legislature and local governments are hereby prohibited from imposing any penalties relating to cannabis.
(d)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, 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.
SECTION 2. Section 420.9 is added to the Government Code, to read: Marijuana (Cannabis Indica) is the official state herb. April 20 of every year shall be known as California Cannabis day.
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.

Notice the length of this compared to CCI, CCHH, Oaksterdamn, or AB 390? It's short, simple, understandable and effectively does what everyone wants which is real legalization. Sometimes less is more, after all aren't we trying to get rid of the laws that make weed illegal thus making it legal???

 

[SuperHemp]

I love it, but i think Section 2 would be hard to swallow for many non-smokers who are still positive to legalization.

 

[FreedomFGHTR]

but 4/20 really should be a state holiday!

 

[HighonPottery]

i'm diggin section 2! Marijuana as the state herb...classic.

 

[Pistil_Party09]

short and simple, no bullshit.
i like the idea for a state herb, i'd say cali is most def qualified to be "the MJ state", as it already is...

 

[FreedomFGHTR]

The philosophy of why this is heads and shoulders better than anything proposed right now.

All the others add unneccessary provisions and dance around a lot of key areas.

 

[FreedomFGHTR]

Oh the secret behind section number two is that it is a backdoor to fight cartel motherfuckers who are growing in our forests. If the plant is in the ground and it's our state herb they can be fucked by destroying "wild" native samples of our state herb. It's basically what they do for the poppy here already. And there is a poppy day, April 6th actually.

 

[TooNormal]

Hmmm.. re: Section 2 - technically cannabis isn't an herb but a flower.

Since the California Poppy is already the state flower that might pose a problem.

How about "State Fiber producer"??

Of course if CA were FL that would already be taken too: Metamucil, LOL.

 

[Hydro-Soil]

Notice the length of this compared to CCI, CCHH, Oaksterdamn, or AB 390? It's short, simple, understandable and effectively does what everyone wants which is real legalization. Sometimes less is more, after all aren't we trying to get rid of the laws that make weed illegal thus making it legal???

BRAVO! ENCORE! ENCORE!

Now that's using your head FF Thank you.



Less legislation often IS more.

 

[growMEDS]

Reads good to me. Simple and to the points.

 

[Yes4Prop215]

hahaha i like section 2, im not hearin richard lees BS either. Sometimes i think richard lee is the DEAs puppet trying to convince us to pay them millions of dollars.

 

[SuperHemp]

Would this release people currently in prison for cannabis crimes?

 

[FreedomFGHTR]

Hmmm.. re: Section 2 - technically cannabis isn't an herb but a flower.

Since the California Poppy is already the state flower that might pose a problem.

Yeah I know the California poppy is the state flower, so as not to rock the boat too much it's better to just create a new offical title and give it to weed than replace an already existing one.
If the people of the State were to declare MJ it's official herb, then by force of law and the will of the voters it would be the official herb.

Would this release people currently in prison for cannabis crimes?

Since the "crimes" that they are in prison for would no longer be crimes, then yes it could have that effect. The federal government has ordered that the state release 40K+ prisoners from prisons ASAP. So naturally the weed prisoners would be first to go, infact they already are.

The method of which this does so merely by repealing the laws and prohibiting the state from punishing people for cannabis is much more discrete than the CCI approach which draws a lot of knee jerk reactions.

Seriously though Section 2 kinda a joke. But the rest of this. Can anyone find a reason why on paper anything comes remotely close to being as effective and agreeable?

 

[NorCalFor20]

i think a few revisions here and we have a really good thing going here.

you should include a section making it AGAINST the law for police to spend ANY resources to prohibit marijuana smoking/growing unless CA 9.75% sales tax isn't being paied on it. (and please change all instances of marijuana to , cannabis and dried cannabis flowers.)

also i think in order to satisfy enimies of this bill we should make cannabis available to people aged 18+...

1 more thing, open cannabis consumption should be allowed anywhere cigarettes are allowed.

maybe throw a section in there to fuck richard lee over since he is trying to fuck us over.

(and yesforprop215, he is in cahoots with the DEA and OPD)

 

[nepalnt21]

cannabis indica?

 

[FreedomFGHTR]

Thanks for the feedback and suggestions homie!

i think a few revisions here and we have a really good thing going here.

you should include a section making it AGAINST the law for police to spend ANY resources to prohibit marijuana smoking/growing unless CA 9.75% sales tax isn't being paied on it. (and please change all instances of marijuana to , cannabis and dried cannabis flowers.)

While that sounds noble an inclusion of such a provision could cause atleast a 2% loss in yes votes. Plus the only weed that would be taxed is stuff that is sold at retail, just like any herb currently is. So that means it would only protect retailers. Sorry but as a retailer I cannot show excessive favoritism to those in my position as it would actually weaken the whole of the proposal. As for the wording of marijuana vs cannabis it is necessary to use both terms. The manner in which the word "marijuana" is used is consitent with the way it was used in proposition 215. Going with tried and proven wording is the wise course imo.

also i think in order to satisfy enimies of this bill we should make cannabis available to people aged 18+...

The only weed law that doesn't get repealed besides the medical marijuana provisions is 11361. Which is providing marijuana to a minor. The definition of minor according to that law is 18. The enemies can have their one law to protect their fucking children. By not even touching on the subject and leaving it alone, it makes age restrictions a non issue.

1 more thing, open cannabis consumption should be allowed anywhere cigarettes are allowed.

I agree~! It would be more allowed than cigs actually under my proposal because the government would lack the authority to bust you for smoking because they wouldn't have to authority to create a law that does so. Existing laws would be renedered moot.

 

[FreedomFGHTR]

maybe throw a section in there to fuck richard lee over since he is trying to fuck us over.

(and yesforprop215, he is in cahoots with the DEA and OPD)

This proposal would create a true free market for the herb. It will allow anyone to compete if they have to desire to do so. Trust me this would allow thousands of business people to really put the hurt into him by means of competition.

 

[nepalnt21]

honestly, it seems like a good try. although i dont have any experience in this field, it would seem to me that this is too far of a stretch for them to consider. imo, taking the baby step approach would be the most successful option. instead of flat out legalizing it, perhaps legalize the cultivation, possession, and carrying across city borders/ county borders, etc.

i think it would also be appropriate to allow the state or county gov't to regulate the sale of cannabis products in stores (quality control, the ability to tax, etc.)...

while at the same time giving those with medical conditions requiring cannabis to be exempt from the taxes, and putting in some sort of cost regulation system so they wouldnt be screwed over.

again, im not experienced in law, but this seems like the best option, imho.

i think the one you are proposing is too vague, and would allow them to pull out some big loopholes.

 

[FreedomFGHTR]

i think it would also be appropriate to allow the state or county gov't to regulate the sale of cannabis products in stores (quality control, the ability to tax, etc.)...

That is exactly what happens because of these

(C)To authorize the state legislature to tax cannabis products at the same general retail sales tax rate per any other herbal product.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others.

The authority to collect taxes on sales is granted, and the legislature still has the power to pass laws that require quality controll if it protects people from Danger.

while at the same time giving those with medical conditions requiring cannabis to be exempt from the taxes,

Under the Cannabis Freedom Act the medical marijuana laws we have are untouched. According to prop 215 medicine for patients isn't supposed to be taxed. So that would remain.

and putting in some sort of cost regulation system so they wouldnt be screwed over.

Cost controls are the anthesis of the capitalist economic system that California has embraced since the days of the gold rush. It is against the economic principles of which the United States are founded upon. It would be senseless when trying to push such a dramatic change to set even more dramatic precidents.

i think the one you are proposing is too vague, and would allow them to pull out some big loopholes.

Can you please provide some specific examples maybe hypothetical situations. Lets make this thread a theoretical stress test.

 

[PharmaCan]

honestly, it seems like a good try. although i dont have any experience in this field, it would seem to me that this is too far of a stretch for them to consider. imo, taking the baby step approach would be the most successful option. instead of flat out legalizing it, perhaps legalize the cultivation, possession, and carrying across city borders/ county borders, etc.

i think it would also be appropriate to allow the state or county gov't to regulate the sale of cannabis products in stores (quality control, the ability to tax, etc.)...

while at the same time giving those with medical conditions requiring cannabis to be exempt from the taxes, and putting in some sort of cost regulation system so they wouldnt be screwed over.

again, im not experienced in law, but this seems like the best option, imho.

i think the one you are proposing is too vague, and would allow them to pull out some big loopholes.

Taking baby steps and getting verbose is where loopholes come from. If we are going to re-legalize marijuana then let's cut the bullshit and re-legalize it.

Look at all the conflict that the two current propositions are causing among pot users who essentially agree on the concept of legalization but disagree on the details.

Dammit, I'm sick and tired of elections where all we have to choose from is the lesser of two evils. I say screw CCI and TCH2010. I hope they both fail and that Richard Lee loses millions of dollars trying to get his bullshit bill passed. We can wait until 2012 for a good law.

When you think about the taxation issue, if what FF is proposing passed, the state would get sales tax on $Billion+ sales of marijuana, income tax on the profits from those sales and significant savings on law enforcement and incarceration costs. Additionally, once the feds are forced to re-legalize, you can be damn sure that they are going to impose a lot of tax on mj.

PC