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