Legalize Marijuana-California Initiatives
- Thread starter Thread starter vta
- Start date Start date
Not mad at all...but I will comment on this--
Firstly, the Feds have not been able to block anything-- Sure, they bust some ppl...but compared to what is going on here, it is very few-- If they had the power to actually block anything...we would not have MMJ here at all--
The Counties can place some rules concerning it...but in the end, if you are within State Laws...you can beat it in Court--
I know all that is a pain in the ass...to have to go through the trouble and expense of fighting something in Court...but it is WAY better than what happens in most States--
Legalization will not take this Country all at once...it will take steps, and it will be done with a lot of ppl getting fucked in the process...but I am certain that it will all work out eventually-- We just need to keep fighting for it--
bra-fucking-vo my friend. another big dood who actually GETS IT.
.... yo and can i ask what the fuck is the deal with a canadian with a 707 name bringing his bullshit canadian med problem into our CA recreational legalization thread and telling us how bad it is? damn i knew canadians werent the brightest fucking cats around but HOLY SHIT...
and if i hear another monsanto argument....someone is getting stabbed.
S
stickey fingers
YES WE CAN
YES WE CAN
SPECIAL THANKS, too VTA and all of the FREEDOM FIGHTERS !!!
RIP DR JAY
YES WE CAN
SPECIAL THANKS, too VTA and all of the FREEDOM FIGHTERS !!!
RIP DR JAY
UpDate: Initiative #1490 "The Regulate marijuana Like Wine Act of 2012" has been filed with the state. That can be found here:http://www.sos.ca.gov/elections/ccrov/pdf/2011/july/11050km.pdf
Signatures required to get it to the vote 504,760
The Attorney General ofCalifornia has prepared the following title and summary ofthe chief purpose and points ofthe proposed measure: MARIJUANA LEGALIZATION. INITIATIVE STATUTE. Decriminalizes marijuana sales, distribution, possession, use, cultivation, processing, and transportation by persons 21 or older. Dismisses pending court actions inconsistent with its provisions. Prohibits advertising, except medical marijuana. Prohibits zoning restrictions on marijuana cultivation and processing. Applies existing agricultural taxes and regulations to marijuana; exempts noncommercial production up to 25 flowering plants or 12 pounds processed marijuana annually. Authorizes retail sales of marijuana with one percent THC or more to persons 21 or older; if less, no age limit. Directs state and local officials to not cooperate with enforcement offederal laws inconsistent with its provisions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The fiscal effects of this measure could vary substantially depending on: (1) the extent to which the federal government continues to enforce federal marijuana laws and (2) the specific taxes and regulations applied to marijuana. Savings of potentially several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Potentially hundreds of millions ofdollars in net additional tax revenues related to the production and sale of marijuana products. (ll-0011.)
SECTION 1. Findings, Declarations, Purpose, Directives, and Orders New Section 11362.95 is added to the Health and Safety Code: 11362.95. This section shall be known as and may be cited as the "Regulate Marijuana Like Wine Act of 2012," known hereinafter as the "Act." (a) The People of the State of California hereby find and declare: (1) Outlawing marijuana has not reduced its availability and has actually resulted in making it easier for minors to acquire. (2) Marijuana is an untapped revenue source for the State of California, and that the best way to tap into that source for the benefit of all Californians is to tax and regulate it. (3) The regulation of marijuana will benefit the People of the State of California by reducing criminal gang activity, promoting agriculture, creating jobs by creating a new hemp industry in the State of California, and reduce the fiscal and overpopulation burdens on the Department of Corrections and Rehabilitation. (b) The purposes of this Act are as follows: (1 ) To amend the California Health and Safety Code sections 11357, 11358, 11359,11360, 11366, 11366.5, 11485, and Vehicle Code section 23222(b), such that persons 21 years of age or older shall no longer be prohibited from the use, possession, trade, gifting, sales, distribution, storage, transportation, production, or cultivation of marijuana. (2) Marijuana, THC, and CBD explicitly and/or by inference, shall be removed from Health and Safety Code section 11 054, except for those statutes pertaining to: (A) Operating a motor vehicle; (B) Using marijuana or being impaired in the workplace or public nonsmoking areas. (C) Providing, transferring, or selling marijuana to a person under 21 years of age; and
(D) The use, possession, cultivation, processing, sales, distribution, transporting, or storing on premises of marijuana by persons under 21 years of age. (3) The amendment of statutes that criminalize the use, possession, cultivation, processing, transportation, storage, distribution, gifting and/or selling of marijuana in any form, or method of ingestion by persons 21 years of age or older, to legalize all such for-profit or non-profit activity by those persons, groups, or by approved business entities, and does not subject these persons/entitles to search, arrest, prosecution, seizure, asset forfeiture, and/or any criminal or civil penalty or sanction. (4) That these enumerated activities are not punishable herein. (5) That all pending court actions under said amended statutes that conflict with the provisions of this Act shall be dismissed with prejudice. (c) The People of the State of California hereby declare that this Act expressly prohibits the following: (1) The search, arrest, prosecution, seizure of marijuana, asset forfeiture, or imposition of any criminal or civil penalties or fines for persons 21 years of age or older or entities for acting within the provisions of this Act. Without limiting any other greater immunity or rights granted herein, these persons/entities are also granted the immunity specified in Health and Safety Code section 11367, subject to its provisions. (2) Any and all commercial advertising of the sales, distribution, and use of marijuana, except for medical marijuana and products that contain less than one percent THC. This provision shall be enforced hereafter by penalties to be set forth by the Legislature. (d) The People ofthe State of California hereby expressly declare that this Act does not repeal, modify, or change any present medical marijuana statutes as set forth in California Proposition 215 and its progeny. (e) The People ofthe State of California hereby declare: (1) This Act adopts the definitions of marijuana and THC as they are presently set forth in Health and Safety Code Sections 11018 and 11006.5, but those definitions shall be broadly interpreted to include the species Cannabis Indica, Ruderalis, and Americana, as well as any plant part, derivative, interspecies hybrids or cross-breeds, and all non-geneticallymodified strains of the Cannabis genus and plant.
(2) Existing taxes and regulations for the establishment of the farming, industry, distribution, retail sales, and wholesale transactions of agricultural crops and products shall apply to marijuana, regardless of THC level, using the grape winery industry as a model, so long as the results support these declarations, purposes and goals. (3) All marijuana or hemp products with a THC level below one percent shall be authorized for normal retail sales. All marijuana or hemp products with a THC level of one percent or above shall be restricted for normal retail sales to persons 21 years of age or older and regulated in a manner similar to wine, so long as the results support these declarations, purposes and goals. (4) The State of California, and all branches of its government, shall liberally construe the meaning and implementation of this Act to favor and benefrt individuals, and qualifying business entities regarding the following: (A) No taxes, fees, laws, rules, regulations, or local city or county zoning requirements may be adopted or enacted to defeat, deny, or prohibit the purposes of this Act, or to defeat, deny, or prohibit persons 21 years of age or older, associations, organizations commercial, agricultural, or industrial businesses from engaging in the activities protected by this Act, and all civil rights apply as set forth in Civil Code Sections 52.1 et seq., 54, Food and Agricultural Code Sections 54033 through 54035, inclusive. (B) As per the winery regulations of the alcohol industry model that allow for non-commercial home brewing, any person, association, or collective group not producing more than 25 flowering plants or 12 pounds of dried processed marijuana per adult, per year, shall be exempt from any winery regulations of the alcohol industry model, excises, fees, and taxes, except for income taxes and sales taxes, if they apply. (C) No regulations, taxes, or fees shall be enacted or imposed for marijuana for qualifying persons and entities, which are more severe or restrictive than those for comparable and reasonable usage in the commercial wine grape farming and winery regulations of the alcohol industry model, including for farming, planting, cultivating, irrigating, harvesting, processing, brokering, storing, selling, distributing, and establishing of cooperatives or collective associations. (5) Regardless ofjurisdictional arguments, all state, local, elected, appointed, hired employees, officers, and officials shall refuse to and shall not cooperate with or assist federal, state, or local officials or employees
who would eradicate marijuana, act for seizure or forfeiture, or defeat any liberally construed purpose ofthis Act, or to operate under any contract or arrangement to repeal or circumvent this Act directly or indirectly, or to follow or to abide by any federal laws or regulations that are in conflict with this Act. Further, no such person acting alone, or with any other person or legislative or executive body, may contract or agree to cooperate with or to assist federal officials, employees, agencies or departments to obtain any money, property, gain, or advantage by the arrest, prosecution, conviction, or deprivation or seizure of property of anyone acting within the age provisions of this Act. (6) Within 30 days of passage of this Act, the offices of both the state Attorney General and the Department of Public Health shall inform the United States Department of HeaHh and Human Services, the United States Attorney General, Congress, Drug Enforcement Agency, and Food and Drug Administration that in 1996 the state of California recognized the current medical use ofmarijuana in treatment in the United States, and since 1996 is a state-regulated medical practice. Physicians have evaluated thousands of patients who have used marijuana with no adverse consequences, and for that reason demands or petitions as is appropriate (see 21 CFR 1308.43, 21 USC 811-812) that marijuana and tetrahydrocannabinols as defined in §21 USC 802(16) be removed from Schedule I of the Controlled Substances Act, 21 USC 800 et. seq., where it is currently listed as a drug with no accepted medical use. (7) The State of California is ordered to protect and defend all provisions ofthis Act from any and all challenges or litigation, whether from individuals, officials, cities, counties, the state or federal governments. (f) This Act shall become effective immediately upon passage.
Signatures required to get it to the vote 504,760
The Attorney General ofCalifornia has prepared the following title and summary ofthe chief purpose and points ofthe proposed measure: MARIJUANA LEGALIZATION. INITIATIVE STATUTE. Decriminalizes marijuana sales, distribution, possession, use, cultivation, processing, and transportation by persons 21 or older. Dismisses pending court actions inconsistent with its provisions. Prohibits advertising, except medical marijuana. Prohibits zoning restrictions on marijuana cultivation and processing. Applies existing agricultural taxes and regulations to marijuana; exempts noncommercial production up to 25 flowering plants or 12 pounds processed marijuana annually. Authorizes retail sales of marijuana with one percent THC or more to persons 21 or older; if less, no age limit. Directs state and local officials to not cooperate with enforcement offederal laws inconsistent with its provisions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The fiscal effects of this measure could vary substantially depending on: (1) the extent to which the federal government continues to enforce federal marijuana laws and (2) the specific taxes and regulations applied to marijuana. Savings of potentially several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Potentially hundreds of millions ofdollars in net additional tax revenues related to the production and sale of marijuana products. (ll-0011.)
SECTION 1. Findings, Declarations, Purpose, Directives, and Orders New Section 11362.95 is added to the Health and Safety Code: 11362.95. This section shall be known as and may be cited as the "Regulate Marijuana Like Wine Act of 2012," known hereinafter as the "Act." (a) The People of the State of California hereby find and declare: (1) Outlawing marijuana has not reduced its availability and has actually resulted in making it easier for minors to acquire. (2) Marijuana is an untapped revenue source for the State of California, and that the best way to tap into that source for the benefit of all Californians is to tax and regulate it. (3) The regulation of marijuana will benefit the People of the State of California by reducing criminal gang activity, promoting agriculture, creating jobs by creating a new hemp industry in the State of California, and reduce the fiscal and overpopulation burdens on the Department of Corrections and Rehabilitation. (b) The purposes of this Act are as follows: (1 ) To amend the California Health and Safety Code sections 11357, 11358, 11359,11360, 11366, 11366.5, 11485, and Vehicle Code section 23222(b), such that persons 21 years of age or older shall no longer be prohibited from the use, possession, trade, gifting, sales, distribution, storage, transportation, production, or cultivation of marijuana. (2) Marijuana, THC, and CBD explicitly and/or by inference, shall be removed from Health and Safety Code section 11 054, except for those statutes pertaining to: (A) Operating a motor vehicle; (B) Using marijuana or being impaired in the workplace or public nonsmoking areas. (C) Providing, transferring, or selling marijuana to a person under 21 years of age; and
(D) The use, possession, cultivation, processing, sales, distribution, transporting, or storing on premises of marijuana by persons under 21 years of age. (3) The amendment of statutes that criminalize the use, possession, cultivation, processing, transportation, storage, distribution, gifting and/or selling of marijuana in any form, or method of ingestion by persons 21 years of age or older, to legalize all such for-profit or non-profit activity by those persons, groups, or by approved business entities, and does not subject these persons/entitles to search, arrest, prosecution, seizure, asset forfeiture, and/or any criminal or civil penalty or sanction. (4) That these enumerated activities are not punishable herein. (5) That all pending court actions under said amended statutes that conflict with the provisions of this Act shall be dismissed with prejudice. (c) The People of the State of California hereby declare that this Act expressly prohibits the following: (1) The search, arrest, prosecution, seizure of marijuana, asset forfeiture, or imposition of any criminal or civil penalties or fines for persons 21 years of age or older or entities for acting within the provisions of this Act. Without limiting any other greater immunity or rights granted herein, these persons/entities are also granted the immunity specified in Health and Safety Code section 11367, subject to its provisions. (2) Any and all commercial advertising of the sales, distribution, and use of marijuana, except for medical marijuana and products that contain less than one percent THC. This provision shall be enforced hereafter by penalties to be set forth by the Legislature. (d) The People ofthe State of California hereby expressly declare that this Act does not repeal, modify, or change any present medical marijuana statutes as set forth in California Proposition 215 and its progeny. (e) The People ofthe State of California hereby declare: (1) This Act adopts the definitions of marijuana and THC as they are presently set forth in Health and Safety Code Sections 11018 and 11006.5, but those definitions shall be broadly interpreted to include the species Cannabis Indica, Ruderalis, and Americana, as well as any plant part, derivative, interspecies hybrids or cross-breeds, and all non-geneticallymodified strains of the Cannabis genus and plant.
(2) Existing taxes and regulations for the establishment of the farming, industry, distribution, retail sales, and wholesale transactions of agricultural crops and products shall apply to marijuana, regardless of THC level, using the grape winery industry as a model, so long as the results support these declarations, purposes and goals. (3) All marijuana or hemp products with a THC level below one percent shall be authorized for normal retail sales. All marijuana or hemp products with a THC level of one percent or above shall be restricted for normal retail sales to persons 21 years of age or older and regulated in a manner similar to wine, so long as the results support these declarations, purposes and goals. (4) The State of California, and all branches of its government, shall liberally construe the meaning and implementation of this Act to favor and benefrt individuals, and qualifying business entities regarding the following: (A) No taxes, fees, laws, rules, regulations, or local city or county zoning requirements may be adopted or enacted to defeat, deny, or prohibit the purposes of this Act, or to defeat, deny, or prohibit persons 21 years of age or older, associations, organizations commercial, agricultural, or industrial businesses from engaging in the activities protected by this Act, and all civil rights apply as set forth in Civil Code Sections 52.1 et seq., 54, Food and Agricultural Code Sections 54033 through 54035, inclusive. (B) As per the winery regulations of the alcohol industry model that allow for non-commercial home brewing, any person, association, or collective group not producing more than 25 flowering plants or 12 pounds of dried processed marijuana per adult, per year, shall be exempt from any winery regulations of the alcohol industry model, excises, fees, and taxes, except for income taxes and sales taxes, if they apply. (C) No regulations, taxes, or fees shall be enacted or imposed for marijuana for qualifying persons and entities, which are more severe or restrictive than those for comparable and reasonable usage in the commercial wine grape farming and winery regulations of the alcohol industry model, including for farming, planting, cultivating, irrigating, harvesting, processing, brokering, storing, selling, distributing, and establishing of cooperatives or collective associations. (5) Regardless ofjurisdictional arguments, all state, local, elected, appointed, hired employees, officers, and officials shall refuse to and shall not cooperate with or assist federal, state, or local officials or employees
who would eradicate marijuana, act for seizure or forfeiture, or defeat any liberally construed purpose ofthis Act, or to operate under any contract or arrangement to repeal or circumvent this Act directly or indirectly, or to follow or to abide by any federal laws or regulations that are in conflict with this Act. Further, no such person acting alone, or with any other person or legislative or executive body, may contract or agree to cooperate with or to assist federal officials, employees, agencies or departments to obtain any money, property, gain, or advantage by the arrest, prosecution, conviction, or deprivation or seizure of property of anyone acting within the age provisions of this Act. (6) Within 30 days of passage of this Act, the offices of both the state Attorney General and the Department of Public Health shall inform the United States Department of HeaHh and Human Services, the United States Attorney General, Congress, Drug Enforcement Agency, and Food and Drug Administration that in 1996 the state of California recognized the current medical use ofmarijuana in treatment in the United States, and since 1996 is a state-regulated medical practice. Physicians have evaluated thousands of patients who have used marijuana with no adverse consequences, and for that reason demands or petitions as is appropriate (see 21 CFR 1308.43, 21 USC 811-812) that marijuana and tetrahydrocannabinols as defined in §21 USC 802(16) be removed from Schedule I of the Controlled Substances Act, 21 USC 800 et. seq., where it is currently listed as a drug with no accepted medical use. (7) The State of California is ordered to protect and defend all provisions ofthis Act from any and all challenges or litigation, whether from individuals, officials, cities, counties, the state or federal governments. (f) This Act shall become effective immediately upon passage.
T
Tripp Inmiasov
Hey, DoobieD, I like that proposal. That document is what a person with a lot of common sense would write.
Good one!
Good one!
Bump:
UpDate: Initiative #1490 "The Regulate marijuana Like Wine Act of 2012" has been filed with the state. That can be found here:http://www.sos.ca.gov/elections/ccro...ly/11050km.pdf or go back to page 3 to view some highlights.
Tripp I don't have anything to do with the authoring of it. Common sense is very important part of my life and not often seen in todays world! There will be things that come out peeps do n don't like. I'm soaking it all in before I pass to much judgement. DD
UpDate: Initiative #1490 "The Regulate marijuana Like Wine Act of 2012" has been filed with the state. That can be found here:http://www.sos.ca.gov/elections/ccro...ly/11050km.pdf or go back to page 3 to view some highlights.
Tripp I don't have anything to do with the authoring of it. Common sense is very important part of my life and not often seen in todays world! There will be things that come out peeps do n don't like. I'm soaking it all in before I pass to much judgement. DD
Well you all know im in for this. I hope we can come together this time put aside our differences.
Darth Fader
Member
I'll support just about any legalization or decrim initiative. The people opposed are either nanny-state moralists or are worried about business since black markets are lucrative markets. But to them I would say there will still be black markets outside of CA - lots of them. And secondly, it is not so much legalization that is the threat to wholesales prices (lots of new small, crappy growers), but the mega-grows. Especially when you hear about those 48,000 plant grows that get busted. They could protect their livelihoods better by supporting vending caps, where individuals are limited in a certain lb/yr limit.
i voted against 19 because of the severely lopsided fine print that would have clearly benefitted only a handful of commercial pharma growers....but i am ready to vote YES on a measure that will legalize marijuana and since i am already in the wine business i think we might be on to something here...still havent read the specifics...
after quick read im liking it...no bullshit 5x5 restrictions..no sq ft canopy restrictions....25 mature flowering without business taxes (25 800 gal smartpots here i come lol)......no BS 10k tax just to apply for a permit....no things that favor richard lee and the oaksterdamn monopoly players...
i got 5 acres of low producing vineyard that i cant wait to tear up and put greenhouses on......
i got 5 acres of low producing vineyard that i cant wait to tear up and put greenhouses on......
Please...let's leave Prop 19 out of this....it is not the Topic here, and a lot of us are still pissed off about that-- It will only cause discourse--
S
SicKSKills
when pigs fly... and i don't mean the fools in the chopper.
Nailed it........again.Please...let's leave Prop 19 out of this....it is not the Topic here, and a lot of us are still pissed off about that-- It will only cause discourse--
right!
T
Tripp Inmiasov
I understand that. I appreciated your post, and I think the author was exceptionally cognitive of the real world effects of cannabis legalization.
I also think that, while cannabis is prohibited, anyone who is intelligent enough to avoid the legal spiderweb should take full advantage of the law of supply and demand. Just be smart.
The less revenue to our jack booted thugs the better!
California’s Regulate Marijuana Like Wine http://regulatemarijuanalikewine.com/
C
CANNATOPIA
Good Luck CA.
