California Cannabis Hemp & Health Initiative II:
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:
1. Add Section 11357.5 to the Health & 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 privelege 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, marijuana,
Cannabis sativa L., Cannabis americana, Cannabis chinensis, Cannabis indica,
Cannabis ruderalis, Cannabis sativa, or any variety of Cannabis, including
any derivative, extract, flowers, leaf particle, preparation, resin, root,
salt, seed, stalk, or any products 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, asthena, cramps, epilepsy, glaucoma, immunodeficiencies, migraine,
multiple sclerosis, naussea, PMS, side effects of cancer chemotherapy,
sickle cell anemia, spasticity, spinal injury, stress, Tourette syndrome,
wasting syndrome from AIDS or anorexia; use 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 internal human consumption of cannabis by
persons 21 years 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 intiative.
3. Industrial hemp farmers, manufacturers, adn distributors shall not be
subject to any special zoning requirement, licensing fee or tax that is excessive,
discriminary 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 maedical purposes to any patient,
reguardless of age. No tax shall be applied to prescribed hemp medicinal reparations.
Medical reseacrh shall be encouraged.
5. Personal use of hemp intoxicating products.
(a)No permit, license or tax shall be rewquired for the commercial cultivation,
transportaion, 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 regualted 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, distirbutiion or sales between adults of
equiptment 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 personnal or funds shall be used to
assist or aid and abet in the enforcement of Federal cannabis hemp/marijuana
laws involving acts which are no longer illegal in the state of California.
II. Repeal, delete and expunge any and all existing statutory laws that conflict
with 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 cannabis records for all persons currently charged with, or convicted
of any cannabis hemp/marijuana offences 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 in 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 offence which is hereby no longer illegal.
III. The legislature is authorized upon thorough investegation, 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 of 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 intoxication
products from operating vehicles 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 circumstances, 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 that 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 recieves 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 invloves, in the highest degree, the ecological, economic, social and
moral well-being and safety of the State and all of 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.
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