Newsgroups: talk.politics.drugs
From: [s d hc] at [pro-sancho.cts.com] (San Diego Hemp Council)
Subject: ===CALIFORNIA HEMP INITIATIVE '94===
Date: Thu, 10 Mar 1994 00:41:59 GMT
CALIFORNIA HEMP INITIATIVE, 1994
Hemp: Earth's #1 Resource for Paper - Fiber - Food - Fuel - Housing -
Medicine - Jobs - Justice & More
Help Restore Earth's Number One Sustainable Natural Resource --
End Hemp Prohibition in 1994!
If you would like to help collect signatures for the initiative, contact:
CHI '94 818-377-5787 or 818-988-6210 or 213-656-3140
Hemp Hotline 310-288-4152
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following Title and
Summary of the chief purposes and points of the proposed measure:
MARIJUANA. INITIATIVE STATUTE. Prohibits prosecution for persons 21 years
or over 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 in public places, while operating vehicles
or which affects public safety. Prohibits: testing for marijuana use for
employment, insurance; enforcement of conflicting federal laws. Directs
Legislature, Governor, and Attorney General to challenge conflicting federal
laws. Establishes panel to study restitution for persons imprisoned, fined
or who have forfeited property for prior offenses. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: Unknown. Could result in savings of state and local law
enforcement costs; savings could be offset by a reduction in revenues from
fines and costs of amnesty and destruction of criminal records programs.
_____________________________________________________________________________
To the Honorable Secretary of State of California:
We, the undersigned, registered, qualified voters of California, residents
of ___________________________ COUNTY, hereby propose amendments to the
Health and Safety Code, relating to cannabis, hemp, 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
statewide election held prior to the general election or otherwise provided
by law. The proposed statutory amendments read as follows:
California Hemp Initiative
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) Persons, 21 years or older, shall not 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 hemp,
including:
(a) Industrial hemp products.
Hemp farmers and manufacturers shall not be subject to any special zoning
requirement, licensing fee or tax that is discriminatory or prohibitive.
(b) Hemp medicinal preparations.
(c) Hemp food products for nutritional use.
(d) Hemp intoxicating products, including plants, flowers or resin, for
personal use in private by persons 21 years or older.
No permit, license or tax shall be required for the non-commercial
cultivation, transportation, distribution or consumption of any such hemp
product.
Testing for inert cannabis metabolites shall not be required for
employment or insurance, nor be considered in determining impairment.
(2) Definition of terms:
(a) The word "hemp" is the pre-eminent term and means hemp, cannabis,
marihuana or marijuana; any part or preparation of the plants cannabis
sativa, cannabis indica, cannabis americana or any variety of cannabis.
(b) The term "industrial hemp products" means all products made from
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 and oil; or
hemp plants used for crop rotation, erosion control, weed control or other
horticultural purposes.
(c) The term "hemp medicinal preparations" means all products made from
hemp, cannabis or marijuana, that are designed, intended, or used for human
consumption for the treatment of any disease, for pain relief, or for any
healing purpose, including, but not limited to: the treatment or relief of
arthritis, asthma, epilepsy, glaucoma, migraine, multiple sclerosis, nausea,
side effects of cancer chemotherapy, sickle cell anemia, stress, wasting
syndrome from AIDS or anorexia; hemp plants or preparations thereof for use
as an antibiotic, antibacterial, antiviral, or anti-emetic; as any healing
agent, or as an adjunct to any medical procedure or herbal treatment.
(d) The term "hemp food products for nutritional use" means any hemp
products intended for human consumption as food, including but not limited
to: seed, seed protein, seed oil, essential fatty acids, seed cake, gruel, or
any preparation or extract thereof.
(e) The term "hemp intoxicating products" means any hemp, cannabis or
marijuana product other than industrial hemp products, hemp medicinal
preparations or hemp products for nutritional use.
(f) The term "personal use" means the use or consumption of any product
or preparation of hemp, cannabis or marijuana, intended for any relaxational,
spiritual, religious or other personal purpose other than for sale.
(3) Hemp medicinal preparations are hereby restored to the available list
of medicines in California.
Licensed physicians shall not be penalized for nor restricted from
prescribing hemp medicinal preparations for any medical purpose to any
patient, regardless of age.
No tax shall be applied to prescribed medical preparations.
(4) Hemp intoxicating products 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 hemp flowers produced per adult, 21 years or
older, per year shall be considered as being for personal use.
(5) 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 the hemp plant, industrial hemp products, hemp medicinal
preparations, hemp nutritional products, or hemp products for personal use
shall not be prohibited.
(6) Enactment of this initiative shall be retroactive in its application
to include amnesty and clearing of all criminal records for all
cannabis/marijuana related offenses which are included in this initiative
and are hereby no longer illegal.
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 criminal records in California for cannabis/marijuana related offenses
which are included in this initiative and are hereby no longer illegal.
Such forms shall be distributed to district and city attorneys and made
available at all police departments in the state of California to persons
hereby affected. Upon filing such form with the Attorney General and payment
of a fee not greater than $10.00, all pertinent records anywhere in the state
shall be destroyed.
Such persons may truthfully state that they have never been convicted of
any cannabis/marijuana related offense which is included in this initiative
and is hereby no longer illegal.
II. The legislature is authorized, upon thorough investigation, to enact
legislation using reasonable standards to:
(1) Determine an acceptable standard of impairment, 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.
(2) Limit the use of hemp intoxicating products in enclosed and/or
restricted public places.
(3) Place no tax on commercial production of hemp intoxicating products in
excess of $10.00 per ounce.
(4) License concessionary establishments to distribute hemp intoxicating
products.
Sufficient community outlets shall be licensed to provide commercial
distribution to persons of legal age, so as to discourage and prevent the
misuse of and illicit traffic in such products.
Any requirement or fee for licensing shall not be discriminatory or
prohibitive.
(5) Delete and expunge any existing statutory laws that conflict with the
provisions of this initiative.
III. No California law enforcement personnel or funds shall be used to assist
enforcement of federal cannabis/marijuana laws governing acts which are no
longer illegal in the state of California.
IV. The legislature, Governor and Attorney General are hereby directed to
challenge federal cannabis/marijuana prohibitions that conflict with this
act.
V. Temporary Advisory Panel: Within 120 days following passage of this act,
the legislature shall direct an amount, not to exceed $1.5 million, from the
law enforcement savings hereby generated to fund a temporary advisory panel
to study the feasibility of and methods for making restitution to all persons
who were imprisoned, excessively fined or had assets or private properties
seized and/or forfeited as a result of criminal or civil actions for
cannabis/marijuana related acts which are hereby no longer illegal.
Said restitution shall only be paid from a portion of the tax revenues
created by the re-introduction of the hemp intoxicating products industries,
or in a manner to be recommended by the Temporary Advisory Panel and/or
determined by the State Legislature.
This panel shall consist of 13 members, to be appointed in the following
manner: one appointed by the Governor; one appointed by the State Attorney
General; one appointed by the State Controller; two appointed by the Speaker
of the Assembly; two appointed by the President Pro-tem of the Senate; and
the remaining six to be chosen from the private sector, three by the
Secretary of State and three by the State Treasurer.
The panel will hold a minimum of six meetings throughout the state, which
will be open to the public.
A preliminary report shall be submitted to the legislature within six
months of the formation of this panel. A final report with recommendations
shall be submitted to the legislature and the public within one year of the
formation of the advisory panel.
VI. 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 provision 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.
VII. Construction: If any rival or conflicting initiative regulating any
matter addressed by this act receives the higher affirmative vote, than all
non-conflicting parts of this act shall become operative.
VIII. 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 hemp; to eliminate the evils of unlicensed and unlawful
cultivation, selling, and dispensing of hemp; and to encourage temperance in
the consumption of hemp as an intoxicant.
It is hereby declared that the subject matter of this act involves, in the
highest degree, the ecological, economic, social and moral well-being of and
the 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 restore respect for human rights, to
promote tolerance and to end hemp prohibition.
________________________________________________________
San Diego Hemp Council [s d hc] at [pro-sancho.cts.com]
Hemp = Medicine Fuel Food Fiber Paper Housing Jobs Fun