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.
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???
Cannabis Freedom Act said: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and distribution of marijuana, Section 11362, relating to classification of marijuana as a crime shall be repealed from the California Health and Safety Code and the legislature and local governments are hereby prohibited from imposing any penalties relating to cannabis.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???
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