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Regulate Marijuana Like Wine Act of 2012 - input?


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#1 davidmalmolevine

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Posted 25 April 2011 - 09:54 PM

The People of the State of California do enact as follows:

Here is the "final rough" copy of the act. Please ... if you want input on the wording, NOW is the time to come up with it.







The Regulate Marijuana Like Wine Act of 2012

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(a) and (b), 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 and its referenced paraphernalia, explicitly and/or by inference, shall be removed from all other statutes pertaining to the prohibition and regulation of controlled substances, whether now existing or enacted in the future, except for those statutes pertaining to:
(A) Operating a motor vehicle;
(B) Using or being impaired by marijuana in public nonsmoking areas or in the workplace.
© 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 activity by that group and by approved business entities, and does not subject these persons/entities 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 any pending court action under said amended statutes that conflict with the provisions of this Act shall be dismissed with prejudice.
© 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 who are acting within the provisions of this Act.
(2) Any and all commercial advertising of the sales, distribution, and use of marijuana, except for medical marijuana and products made from industrial hemp, as defined herein.
These provisions shall be enforced hereafter by penalties to be set forth by the Legislature.
(d) The People of the 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 of the State of California hereby declare that 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-genetically-modified strains of the Cannabis genus and plant.
(f) Existing taxes and regulations for the establishment of the farming, industry, distribution, and sales of agricultural crops and products shall apply to marijuana with a THC level of one percent or higher, using the grape winery industry as a model, so long as the results support these declarations, purposes and goals.
(g) Existing taxes and regulations for the establishment of the farming, industry, distribution, and sales of agricultural crops and products shall apply to industrial hemp with a THC level below one percent, using the cotton and paper products industries as models, so long as the results support these declarations, purposes and goals.
(h) The State of California, and all branches of its government, shall liberally construe the meaning and implementation of this Act to favor and benefit individuals, and qualifying business entities regarding the following:
(1) 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 these persons 21 years of age or older, associations, 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.
(2) 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.
(3) 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.
(i) Regardless of jurisdictional arguments, all state and local elected, appointed, and 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 of this 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.
(j) 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 Health and Human Services, United States Attorney General, Congress, Drug Enforcement Agency and Food and Drug Administration that in 1996 California recognized the current medical use of marijuana in treatment in the United States, and since 1996, physicians have evaluated thousands of patients’ use which has had no adverse consequences, and for that reason demand or petition 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.
(k) The State of California is ordered to protect and defend all provisions of this Act from any and all challenges or litigation, whether from individuals, officials, cities, counties, or the state or federal governments.
(l) This Act shall become effective immediately upon passage.

SECTION 2. Severability

If any of the provisions of this Act, or any part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 3. Conflicting Measures

If this Act is approved by the voters but superseded by law by any other conflicting ballot measure approved by the voters at the same election, and the conflicting measures are later held invalid, this Act shall be self-executing and given the full force of law.

(1418 words)

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#2 Darkorpse

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Posted 26 April 2011 - 09:27 AM

the document may benefit from a change to roman numerals from numbers, and indent each point (I am assuming this will be done in the final copy, but as it is all the numbers blend together and it's difficult to tell which points are attached/subsections of other points -- at least it is for me :p)

(1) To amend the California Health and Safety Code sections 11357, 11358, 11359, 11360(a) and (b), 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.


You may wish to change "marijuana" to include byproducts of the plant as well -- I say this because of Oklahoma's potential new hash making laws -- as production should cover it, but it's always best to add in the redundancy when dealing with lawyers and politicians.

P.S. This may be covered by a later clause which states that "marijuana shall be defined as..." but I am not sure, as I am not familiar with California law.


Originally Posted By: davidmalmolevine

(B) Using or being impaired by marijuana in public nonsmoking areas or in the workplace.


You may wish to also change the wording here, or simply remove the "or being impaired" clause from the statement.

As the statement is, it appears that you could smoke in the safety of your home, and then be arrested for "being impaired by marijuana in a public nonsmoking area" if you walked to the corner store to buy a bag of chips. (That may be a poor example, in Ontario all public buildings have been declared non-smoking, so please adapt it to some other area you would not be allowed to smoke if you can smoke in your local businesses)

Again, I know it sounds redundant, but it's best to cover all your bases from the beginning to avoid an uphill battle later on.


After that, the rest of it looks good. There was one thing about "approved businesses" which looked like it might have potential misunderstandings, but I feel it was adequately covered, and "approved business" would mean a state legalized grower --like a winery for hemp, which seems to be the point -- (It also have a clause for individuals, which is why I say it was adequately covered)

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