|
|
(Covers the relegalization of cannabis for all industrial, medicinal, nutritional uses, and personal use by adults 21 years and older.)
California Cannabis Hemp & Health Initiative 2000
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 / hemp, 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 arthritis, asthma, cramps, epilepsy, glaucoma, immunodeficiencies, migraine, multiple sclerosis, nausea, PMS, side effects of cancer chemotherapy, sickle cell anemia, spasticity, spinal injury, stress, Tourett 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 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 48 ounces of dried, cured cannabis hemp flowers 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 listed 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 accptable 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 regualting 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 involve, 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.
The following material relates to the attempt to place the legalization of hemp before the voters of the state of California. The initiative drive started on December 1, 1995 and ends 150 days later. If you have not signed a petition since Dec. 1, 1995, then please contact HEMP to sign a copy of the petition. Even better, volunteer to help circulate the petition!
The goal is to gather 700,000 signatures state-wide during the five months of the initiative drive.
CALIFORNIA CANNABIS HEMP AND HEALTH INITIATIVE (CCHHI)
Mailing Address: 5632 Van Nuys Blvd #310, Van Nuys, CA 91401
(818) 988-0285
(310) 392-1806
HEMP: Earth’s #1 resource for paper fiber, fuel, housing, medicine, jobs, justice, and more
REGIONAL OFFICES:
Orange County (714) 843-5622
San Diego County (619) 582-7363
Santa Cruz County (408) 425-3313
San Francisco County (415) 776-1596
Sacramento County (916) 364-5154
The Orange County Hemp Headquarters, located 17301 Beach Blvd., Suite 22, Huntington Beach, CA 92648, has weekly meetings for training petitioners every Wednesday at 7 pm. Telephone: (714) 843-5622
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure (December 1, 1995; File No. SA95RF0031):
MARIJUANA LEGALIZATION. INITIATIVE STATUTE. Prohibits prosecution of persons 21 years or older for cultivation, transportation, distribution, or consumption of marijuana for industrial, medicinal, nutritional, personal use. Adds marijuana to list of available prescription medicines. Grants amnesty for prior offenses; permits destruction of criminal records.Authorizes legislative action regulating use of marijuana in enclosed, restricted public places or while operating vehicles or engaging in conduct affecting public safety. Prohibits testing for marijuana use for employment or insurance. Prohibits use of California law enforcement personnel or funds to assist in enforcement of federal marijuana laws for acts no longer illegal in California.Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The net fiscal effect of this measure is unknown due to uncertainties over how the measure would be interpreted and implemented, and whether federal marijuana laws would be repealed.
—DANIEL E. LUNGREN
Attorney General
—KATHLEEN F. DaROSA
Initiative Coordinator
Letter from the Joint Legislative Budget Committee
Dear Attorney General Lungren:
Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative cited as the “California Hemp & Health Initiative II” (File No. SA 95 RF 0031). The initiative adds a new section to the Health and Safety Code which, in effect, repeals current state criminal prohibitions against the use and possession of marijuana.
The primary provisions of the initiative and its fiscal implications are discussed below.
Decriminalization of Hemp-Related Activities. The initiative provides that persons 21 years or older could not be prosecuted for the possession, cultivation, transportation, distribution, or consumption of cannabis hemp, hemp industrial products, hemp medicinal preparations, hemp nutritional products, or hemp intoxicating products.This measure also provides that the manufacture, marketing, distribution or sale between adults of equipment or accessories associated with the above hemp-related items and products would not be prosecuted.
Medicines. This initiative restores hemp medicinal preparations to the list of available medicines in California. Although the initiative generally decriminalizes the use of hemp medicinal products only for persons age 21 or over, the measure states that licensed physicians would not be penalized for prescribing cannabis hemp for medicinal purposes to any patient regardless of age.
Commercial Hemp Production. This initiative allows, but does not require, the Legislature to regulate the commercial production of hemp intoxicating products. Up to a $10 per ounce excise tax could be imposed on the commercial production of hemp intoxicating products, defined as the production by a person of more than 48 ounces of dried, cured cannabis hemp flowers per year.The production of a lesser amount of a hemp intoxicating product is deemed personal use exempt from permitting or licensing requirements or taxation.
Distribution of Intoxicating Hemp Products. The initiative allows, but does not require, the Legislature to license and impose fees on concessionaires who could distribute hemp intoxicating products to persons 21 or older.
Regulation of Hemp Use. The Legislature could also impose standards restricting the use of hemp intoxicating products by persons operating a motor vehicle or heavy machinery, or engaging in conduct that could affect public safety. Personal use of hemp intoxicating products in enclosed and/or restricted public places could be regulated. However, drug-testing for past cannabis use by insurers and employers would be prohibited.
Release of Marijuana Offenders. The initiative states that existing statutes which relate to cannabis and hemp would be repealed and that persons in prison or jail, or on parole or probation, convicted under such statues would be immediately released from custody.
Records of Marijuana Offenders. The initiative requires the deletion of all criminal records for all persons currently charged with or convicted of legal violations related to cannabis and hemp. The Attorney General would develop and distribute an application form individuals could file to compel the destruction of such records upon the payment of a $10 fee.
Law Enforcement Activity. This initiative bars the use of California law enforcement personnel or funds to assist in the enforcement of federal cannabis/marijuana-related laws.
Challenge to Federal Prohibitions. This initiative provides that the state would repudiate and challenge federal cannabis/marijuana prohibitions that conflict with the act.Adoption of this measure in itself, however, would not alter the Federal Controlled Substances Abuse Act (Title 21, United States Code, commencing with Section 801), which provides criminal sanctions for the same activities. Persons who violated cannabis hemp/marijuana-related federal law would still be subject to federal prosecution.
Fiscal Effect
Effect Under Current Federal Law. Unless federal prohibitions against marijuana are repealed, this measure by itself would have the following state and local fiscal effects:
* Redirection of Law Enforcement Resources. The measure would potentially result in a major reduction in state and local costs for enforcement of marijuana-related offenses. However, it is likely that state and local governments would redirect some or all of their resources to other law enforcement activities, reducing or perhaps eliminating the savings that could otherwise be realized.In addition, if the Legislature chose to regulate the use of intoxicating marijuana products by motorists and other parties, as the initiative authorizes, some additional law enforcement resources would likely be devoted to this effort.
* Shift of Felons from Local and State Incarceration to Federal Facilities. The measure would result in unknown savings to state and local governments, probably in the tens of millions of dollars annually, by lowering the number of state prison and county jail inmates below the numbers incarcerated and the number of persons placed on probation or parole under current anti-marijuana laws.To the extent that additional violators of marijuana laws might be prosecuted by federal authorities, federal prison costs might increase.
* Loss of Fines. The measure would result in an unknown reduction in state and local revenues due to the elimination of fines for marijuana offenders.
* Destruction of Records. The measure would result in potentially minor state costs and potentially significant local costs related to the destruction of criminal records. Some of these costs might be fully or partially offset by the $10 fee specified by the measure.
Effect if Federal Law Were Changed. If federal prohibitions against marijuana were repealed subsequent to the enactment of this measure, there could be significant additional fiscal impacts beyond those listed above.
The state could derive significant additional revenue, probably in the tens of millions of dollars, if the Legislature exercised its option under the initiative to collect an excise tax of up to $10 per ounce on commercial production of hemp intoxicating products.If the Legislature acted accordingly, the state could also collect unspecified licensing fees from licensed concessionaires of hemp intoxicating products to offset the cost of regulating such establishments, and might also realize additional revenues from income and sales taxes generated by commercial hemp producers.
Summary. The net fiscal effect of this measure is unknown due to uncertainties over how the measure would be interpreted and implemented, and whether federal marijuana laws would be repealed.
—Elizabeth G. Hill
Legislative Analyst
—Russell S. Gould
Director of Finance
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 / hemp, 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 arthritis, asthma, cramps, epilepsy, glaucoma, immunodeficiencies, migraine, multiple sclerosis, nausea, PMS, side effects of cancer chemotherapy, sickle cell anemia, spasticity, spinal injury, stress, Tourette 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 human consumption of cannabis hemp by persons 21 year of age or older for any relaxational, spiritual, religious, or other purposes other than for 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 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 48 ounces of dried, cured cannabis hemp flowers 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 listed 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 such 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.
On November 5, 1996, Proposition 215 (Compassionate Use Initiative of 1996) passed with 56% of the voters’ approval in the California General elections and entered California law as Paragraph 11362.5 of the state Health and Safety Code on November 6, 1996. Proposition 200 also passed in Arizona.
Californians for Compassionate Use
1444 Market Street
San Francisco, CA 94102
(415) 621-3986
Fax: 621-0604
Initiative Measure to be submitted directly to the voters — submitted to attorney general to the honorable secretary of the state of California.
We, the undersigned, registered voters of California, residents of ______ County (or City and County), hereby propose an addition to the Health and Safety Code, relating to the compassionate use of marijuana, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed addition to the Health and Safety code shall read as follows:
Section 1. Section 11362.5 is added to the Health and Safety Code, to read: 11362 5 (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (I) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is determined appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction. (C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. (2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes. (c) Notwithstanding any other provision of law, no physician in this state shall be punished or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. (d) Section 11357, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient’s primary caregiver, who possesses of cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. (e) For the purposes of this section, “Primary Caregiver” means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person. Sec. 2. 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 which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
the authorized on-line version of Jack Herer’s “The Emperor Wears No Clothes”
text from “The Emperor Wears No Clothes” © Jack Herer
CD-ROM and web presentation © 0=2
 |
 |
 |
| previous page | Appendix | next page |
own the cool CD-ROM own the best-selling book
[ table of contents ] [ e-store ] [ Electric Emperor web site ] [ Jack Herer’s web site ] [ activist page ]