420 Magazine Background

California Cannabis Hemp & Health Initiative 2008

420

Founder
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:

I. Add Section 11357.5 to the Health and Safety Code of California, any laws or policies to the contrary notwithstanding:

1. No person, 21 years or older, shall be 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. (b) Hemp industrial products. (c) Hemp medicinal preparations. (d) Hemp nutritional products. (e) Hemp intoxicating products.

2. Definition of terms:

(a) The term "cannabis hemp" means the 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, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.

(b) The term "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, housing, 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 hemp plants used for crop rotation, erosion control, pest control, weed control, or any other horticultural or environmental purposes.

(c) The term "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, arthritis, asthma, cramps, epilepsy, glaucoma, immunodeficiencies, migraine, multiple sclerosis, nausea, PMS, side effects of cancer chemotherapy, fibromyalgia, sickle cell anemia, spasticity, spinal injury, stress, Tourette's syndrome, 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.

(d) The term "hemp nutritional products" means cannabis hemp for human consumption 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 "hemp intoxicating products" means cannabis hemp intended for personal use, other than hemp industrial products, hemp medicinal preparations, or hemp nutritional products.

(f) The term "personal use" means the internal consumption of cannabis hemp by persons 21 years of age or older for any relaxational, spiritual, religious, recreational, or other purposes other than sale, that does not conflict with any statutory law not effected by this initiative.

3. Industrial hemp farmers, manufacturers, and distributors shall not be subject to any special zoning requirement, licensing fee, or tax that is excessive, discriminatory, or prohibitive.

4. 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 hemp medicinal preparations. Medical research shall be encouraged.

5. Personal use of hemp intoxicating 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.

6. Commerce in cannabis hemp intoxicating products shall be limited to adults, 21 years 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, up to 12 pounds (192 ounces) of dried, cured cannabis hemp flowers/bud (not leaf) produced per adult, 21 years or 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 hemp products, hemp medicinal preparations, hemp nutritional products, hemp intoxicating 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 which are hereby no longer illegal in the state of California.

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: 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 cannabis hemp/marijuana offenses included in this initiative which are hereby no longer illegal.

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 the Attorney General and a payment of a fee of $10.00, all pertinent records anywhere in the state of California fisted in the form and covered by this act shall be destroyed. Such persons may truthfully state that they have never been convicted of any cannabis/hemp/marijuana related offense which is hereby no longer illegal.

III. The legislature is authorized upon thorough investigation, to enact legislation
using reasonable standards to:

1. License concessionary establishments to distribute hemp intoxicating 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 requirement or fee shall not be excessive, discriminatory, nor prohibitive.

2. Place an excise tax on commercial production of hemp intoxicating 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 hemp intoxicating 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 hemp intoxicating 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 hemp intoxicating 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.

JackHerer.com
 
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ZedRules

New Member
:adore: Are fucking with me? Please don't tease about something that sounds so good...I trust you bro to present the facts as you know 'em...that being the case, what is our next step to push this through?:laugh2: :60:
 

DoctorDubs

New Member
^ ^

"(e) The term "hemp intoxicating products" means cannabis hemp intended for personal use, other than hemp industrial products, hemp medicinal preparations, or hemp nutritional products.

(f) The term "personal use" means the internal consumption of cannabis hemp by persons 21 years of age or older for any relaxational, spiritual, religious, recreational, or other purposes other than sale, that does not conflict with any statutory law not effected by this initiative"
 

HighToGetBy

New Member
lived in california all my life. How can this be passed? and what do i need to do to help?

and oh yea. is there any proof at all of this being true?
 

Justme_Pooh

New Member
Please tell me what I can do to help make this a reality! It's time!!
 

Cherma

New Member
For many years in the history of the United States of America, different prohibitions have been in place. Most have failed and been repealed to meet current social and economic conditions, be it at a Federal, State, or Local level.
The situation in California places a burden on the Federal Government to come up with a plan to reform all Marijuana laws. The best is always to be on an offensive move, and it is almost certain that the residents of California will be hearing from their lawmakers of reformed Marijuana Laws.
To be on the front running side of an overall campaign again to reform the existing laws and remove Marijuana Prohibition as it stands, informing the public on many issues that need further resolve is a goal to be achieved.
 

drktwr

New Member
Even if this passes, there is still the federal laws that trump state laws, which is why there have been issues lately in the L.A. area. But this is a great start to changing that. Once this law passes (it might not be this time but it will eventually) other states will catch on and more and more pressure will be placed on Washington to change federal law.

:smoke2: :allgood:
 

Valley_Co-op

New Member
Reforms on this caliber or on any level for that matter are the way to go you guys!
Keep up the great work and let's get this on the boat.
 

merickson

New Member
Let me encourage everyone by reminding them that Franklin once said, "Lost causes are the only ones worth supporting, all others are mere affects." (or was it Twain or Voltaire). In any case, the unlikelyhood of its passing should not inhibit us Californians from writting Sacramento, knocking on doors or whatever to show our support. Esspecialy important is making sure that in '08, we vote for the (then incumbent) legislators who sponsor this bill. We need to make sure that a pro-pot stance is not political suicide.
 

hossua34

New Member
Just the thought that this initiative could face voters gives me goosebumps. In such a left-leaning state as California, I think it'd have a really solid chance of passing.

And sure, the federal laws would trump state laws, but it's different. It's one thing to control a handful of dispenseries selling only to perscribed patients, and bust a few every now and then... it's another thing if every person in the state of California is free to grow, possess and smoke pot to their heart's content. There would be no way for them to enforce federal law, short of waging war on a state. If it were to pass... that would be it. The feds will have lost. And within a few years we will see other states follow Cali's lead, and then marijuana will be like alcohol and tobacco.

I'm on board.
 

drktwr

New Member
hossua34 said:
Just the thought that this initiative could face voters gives me goosebumps. In such a left-leaning state as California, I think it'd have a really solid chance of passing.

And sure, the federal laws would trump state laws, but it's different. It's one thing to control a handful of dispenseries selling only to perscribed patients, and bust a few every now and then... it's another thing if every person in the state of California is free to grow, possess and smoke pot to their heart's content. There would be no way for them to enforce federal law, short of waging war on a state. If it were to pass... that would be it. The feds will have lost. And within a few years we will see other states follow Cali's lead, and then marijuana will be like alcohol and tobacco.

I'm on board.

Curious? What are the laws in Ohio for bud? Do you guys have any medical marijuana laws? Thanks, just curious.
 

hossua34

New Member
drktwr said:
Curious? What are the laws in Ohio for bud? Do you guys have any medical marijuana laws? Thanks, just curious.

Extremely lenient for possession - up to 100 grams is a "civil citation" i.e. a ticket, and a $100 fine only. After that it graduates up to different levels of misdemeanors. There is no law permitting medical marijuana. However, the laws on cultivation are also extremely lenient, with the same $100 ticket for any amount GROWN under 100 grams, as well.
 

Pinch

New Member
YES.. this is California!

I love this State!:3: :peace:
 

Justme_Pooh

New Member
My 2 cents...

440freeride said:
this is what California residents can do......

http://www.youthfederation.com/

make a pledge!!! put your name in!!!! lets see something happen this time.... :allgood:

This is good, but I'm not behind their other causes :hmmmm: . I think the problem with Nevada's recent attempt to legalize was that they threw too much other stuff into the measure. (stuff about changing the penalties for DUI's?) They need to keep it pure - like it is here. Those politicians are always trying to pass legislation thru on the coat tails of another issue!

What do you think would happen if we all printed out one of the many articles on www.jackHerer.com, made copies and placed them around our towns?? :headbang: :rock: :headbang: :rock:
 

drktwr

New Member
hossua34 said:
Extremely lenient for possession - up to 100 grams is a "civil citation" i.e. a ticket, and a $100 fine only. After that it graduates up to different levels of misdemeanors. There is no law permitting medical marijuana. However, the laws on cultivation are also extremely lenient, with the same $100 ticket for any amount GROWN under 100 grams, as well.


That's cool. Sounds like you guys are on your way to make some stuff happen.:smoke2:
 
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