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Invisiblenachohippie
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The Jack Herer Cannabis Hemp Initiative 2012
    #13420708 - 11/01/10 09:35 PM (13 years, 2 months ago)

Ok so now that prop 19 has been defeated ( I know I am a little early but hey lets think toward the future) we need to start working on 2012 and get a workable law on the books :smile:



The Jack Herer Cannabis Hemp Initiative 2012


AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:

I. Add Section 11362.6 to the Health and Safety Code of
California, any laws or policies to the contrary notwithstanding:

1. No person, individual, or corporate entity shall be arrested or 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 cannabis hemp marijuana, including:
(a) Cannabis hemp industrial products.
(b) Cannabis hemp medicinal preparations.
(c) Cannabis hemp nutritional products.
(d) Cannabis hemp religious and spiritual products.
(e) Cannabis hemp recreational and euphoric use and products.

2. Definition of terms:
(a) The terms "cannabis hemp" and “cannabis hemp marijuana” mean the natural, non-genetically modified plant hemp, cannabis, marihuana, marijuana, cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis indica, cannabis ruderalis, cannabis sativa, or any variety of cannabis, including any derivative, concentrate, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.
(b) The term "cannabis 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, building materials, 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 cannabis hemp plants used for crop rotation, erosion control, pest control, weed control, or any other horticultural or environmental purposes, for example, the reversal of the Greenhouse Effect and toxic soil reclamation.
(c) The term "cannabis 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: Alzheimer's and pre-Alzheimer's disease, stroke, arthritis, asthma, cramps, epilepsy, glaucoma, migraine, multiple sclerosis, nausea, premenstrual syndrome, side effects of cancer chemotherapy, fibromyalgia, sickle cell anemia, spasticity, spinal injury, stress, easement of post-traumatic stress disorder, Tourette syndrome, attention deficit disorder, immunodeficiency, wasting syndrome from AIDS or anorexia; use as an antibiotic, antibacterial, anti-viral, or anti-emetic; as a healing agent, or as an adjunct to any medical or herbal treatment. Mental conditions not limited to bipolar, depression, attention deficit disorder, or attention deficit hyperactivity disorder, shall be conditions considered for medical use.
(d) The term "cannabis hemp nutritional products" means cannabis hemp for consumption by humans and animals 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 "cannabis hemp euphoric products" means cannabis hemp intended for personal recreational or religious use, other than cannabis hemp industrial products, cannabis hemp medicinal preparations, or cannabis hemp nutritional products.
(f) The term "personal use" means the internal consumption of cannabis hemp by people 21 years of age or older for any relaxational, meditative, religious, spiritual, recreational, or other purpose other than sale.
(g) The term "commercial production" means the production of cannabis hemp products for sale or profit under the conditions of these provisions.

3. Industrial cannabis hemp farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, licensing fee, or tax that is excessive, discriminatory, or prohibitive.

4. Cannabis 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 or recommending cannabis hemp for medical purposes to any patient, regardless of age. No tax shall be applied to prescribed cannabis hemp medicinal preparations. Medical research shall be encouraged. No recommending physician shall be subject to any professional licensing review or hearing as a result of recommending or approving medical use of cannabis hemp marijuana.

5. Personal use of cannabis hemp euphoric products.
(a) No permit, license, or tax shall be required for the non-commercial cultivation, transportation, 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, other impairment, or intoxication.
(c) When a person falls within the conditions of these exceptions, the offense laws do not apply and only the exception laws apply.

6. Use of cannabis hemp products for religious or spiritual purposes shall be considered an inalienable right; and shall be protected by the full force of the State and Federal Constitutions.

7. Commerce in cannabis hemp euphoric products shall be limited to adults, 21 years of age and older, and shall be regulated in a manner analogous to California's wine industry model. For the purpose of distinguishing personal from commercial production, 99 flowering female plants and 12 pounds of dried, cured cannabis hemp flowers, bud, not leaf, produced per adult, 21 years of age and older, per year shall be considered as being for personal use.

8. 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 cannabis hemp plants, industrial cannabis hemp products, cannabis hemp medicinal preparations, cannabis hemp nutritional products, cannabis hemp euphoric products, or any cannabis hemp product shall not be prohibited.

9. No California law enforcement personnel or funds shall be used to assist or aid and abet in the enforcement of Federal cannabis hemp marijuana laws involving acts which are hereby no longer illegal in the State of California.

10. Any person who threatens the enjoyment of these provisions is guilty of a misdemeanor. The maximum penalties and fines of a misdemeanor may be imposed.


II. Repeal, delete, and expunge any and all existing statutory laws that conflict with the provisions of this initiative.

1. Enactment of this initiative shall include: amnesty, immediate release from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records for all persons currently charged with, or convicted of any non-violent cannabis hemp marijuana offenses included in this initiative which are hereby no longer illegal in the State of California. People who fall within this category that triggered an original sentence are included within this provision.

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 to district and city attorneys and made available at all police departments in the State to persons hereby affected. Upon filing such form with any Superior Court and a payment of a fee of $10.00, the Court shall liberally construe these provisions to benefit the defendant in furtherance of the amnesty and dismissal provision of this section. Upon the Court's ruling under this provision the arrest record shall be set aside and be destroyed. Such persons may then truthfully state that they have never been arrested or convicted of any cannabis hemp marijuana related offense which is hereby no longer illegal in the State of California. This shall be deemed to be a finding of factual innocence under California Penal Code Section 851.8 et seq.


III. The legislature is authorized upon thorough investigation, to enact legislation using reasonable standards to:

1. License concessionary establishments to distribute cannabis hemp euphoric 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 or permit fee required by the State for commercial production, distribution or use shall not exceed $1,000.00.

2. Place an excise tax on commercial sale of cannabis hemp euphoric products, analogous to California's wine industry model, so long as no excise tax or combination of 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 cannabis hemp euphoric products from operating a motor vehicle or heavy machinery, or otherwise engaging in conduct that may affect public safety.

4. Regulate the personal use of cannabis hemp euphoric 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 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 provisions 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.


VI. Construction: If any rival or conflicting initiative regulating any matter addressed by this act receives 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 cannabis hemp euphoric products. It is hereby declared that the subject matter of this Act involves, in the highest degree, the ecological, economic, social, and moral well-being and 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 respect human rights, to promote tolerance, and to end cannabis hemp prohibition.

Read more: hxxp://www.myspace.com/calhemp#ixzz14542W81v


--------------------

send guns, money ,lawyers, and drugs its been a long night

everything i post is a lie im a pathological liar


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InvisiblePsychoslut
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: nachohippie]
    #13420829 - 11/01/10 10:02 PM (13 years, 2 months ago)

Hemp bio diesel burns hot as hell, the seeds can be given to animals for feed, the fiber will make all our clothes and ropes.

Why cant they legalize it? With the advent of composite materials and bio diesel hemp would bring the oil, agriculture, and lumber industries to their knees. and the big wiggs who own these industries pay the politicians not to legalize because they arnt done destroying our planet for money



edit: harvest the plastic island that is twice the size of texas and melt it and mix it with hemp fiber. build lots of cheap but very sturdy houses.


--------------------



[quote]KristiMidocean said:
Good now thats clear.WHO FUCKING CARES. If I am fat u all keep pointing it out like its suppose to be a secret.LIke u really have nothing better to do then make fat jokes. If o know its like I do I know yall can come up with NEW AND BETTER SHIT . This shit is old and boring . I left in the first place cause this shit got boring not because of the fat jokes . Fat jokes dont bother me but seriously its old[/quote]


Edited by Psychoslut (11/01/10 10:05 PM)


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Offlinelearningtofly
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: nachohippie]
    #13424247 - 11/02/10 03:59 PM (13 years, 2 months ago)

I'm confused, you said in the prop 19 thread that you're against the commercialization of cannabis which is why you voted no on 19.... yet this bill allows for the commercialization of cannabis.

So what's the deal?


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Offlineblaaky

Registered: 08/17/10
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: learningtofly]
    #13424615 - 11/02/10 04:58 PM (13 years, 2 months ago)

It's obvious from looking at the wavering prop 19 support that an initiative this liberal will never gain the support it needs. Delete people's criminal records? I can see the tough-on-crime groups and MADD all over that clause.

"Testing for inactive and/or inert residual cannabis metabolites shall not be required for employment or insurance, nor be considered in determining employment, other impairment, or intoxication"
no one is gonna go for this either. There is even more of an argument (whether true or not) that everyone is going to be driving around stoned, all our bus drivers and aircraft pilots will be stoned! Everyone will go to work stoned and on-the-job injuries will rise. The prop 19 opponents are making those claims now. They will clamor all the more louder because of the provisions in this law.

We'll see in November 2011 when they begin to the qualification process for the 2012 ballot and start collecting 433,971 signatures.


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Invisiblenachohippie
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: blaaky]
    #13424762 - 11/02/10 05:21 PM (13 years, 2 months ago)

it allows for a free market not a select few licensees and a hell of a lot lower tax

THE EMPOROR OF HEMP WAS AGAINST THIS LAW PROP 19


--------------------

send guns, money ,lawyers, and drugs its been a long night

everything i post is a lie im a pathological liar


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Offlineblaaky

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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: nachohippie]
    #13424808 - 11/02/10 05:32 PM (13 years, 2 months ago)

Quote:

nachohippie said:
it allows for a free market not a select few licensees and a hell of a lot lower tax





Prop 19 says nothing about "higher tax" nor "few licenses." I've read the initiative text, have you?

Quote:

nachohippie said:
THE EMPOROR OF HEMP WAS AGAINST THIS LAW PROP 19




You keep saying this, but the "emporor"'s family has spoken and I trust them to make statements about Jack Herer's beliefs a lot more than I trust you (or the medical MJ organization pushing their own agenda that owns the jackherer.com domain name):
http://blog.norml.org/2010/08/17/from-the-family-of-jack-herer-the-hemperor-would-support-prop-19/
Quote:

As his family, we want the world to know that the last thing Jack Herer would want is for Californians to vote to keep Cannabis illegal...That is why, were he able, he would now be telling voters to rally around and Vote Yes on Prop 19.




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InvisibleGreen_T
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: blaaky]
    #13425141 - 11/02/10 07:44 PM (13 years, 2 months ago)

^ Jack Herer was also opposed to 215, which nachohippie proudly flaunts all over these boards.

If prop 19 doesn't pass, then the Jack Herer bill would have a snowflake's chance in hell. On the other hand, if prop 19 passes, then the Herer bill would have a better chance of passing. It might also pass in several other states simultaneously.


--------------------

"I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson

Legalize Meth | Drug War Victims


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Invisiblenachohippie
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: Green_T]
    #13425177 - 11/02/10 07:49 PM (13 years, 2 months ago)

the tax richard lee has "suggested" is $50 per oz under prop 19 why must you hate the new chance for legalization in california and just to clear it up jack was against this law and had a stroke at a rally denouncing prop 19 i trust his words a hell of a lot more than the kids who are getting paid for their statements this law will be defeated by the smokers of california not the prohibitionist because we don't need it 
and in a few hours we will vote it down because it is a badly written law that wil not help the people of california if the rest of the nation wants legalization then they should get it on their ballot


--------------------

send guns, money ,lawyers, and drugs its been a long night

everything i post is a lie im a pathological liar


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Invisiblebigmike7104
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: Green_T]
    #13426470 - 11/02/10 11:10 PM (13 years, 2 months ago)

Quote:

Green_T said:
^ Jack Herer was also opposed to 215, which nachohippie proudly flaunts all over these boards.

If prop 19 doesn't pass, then the Jack Herer bill would have a snowflake's chance in hell. On the other hand, if prop 19 passes, then the Herer bill would have a better chance of passing. It might also pass in several other states simultaneously.




Jack Herer didn't like prop 215 but he still supported it I believe because he recognized it was a step in the right direction which these stoners against legalization don't see.


--------------------
Over thinking, over analyzing separates the body from the mind
Withering my intuition, missing opportunities and I must
Feed my will to feel my moment drawing way outside the lines


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OfflineAlexD
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: nachohippie]
    #13427238 - 11/03/10 03:13 AM (13 years, 2 months ago)

And you call 19 badly written?!?!

Quote:

Commerce in cannabis hemp euphoric products shall be limited to adults, 21 years of age and older, and shall be regulated in a manner analogous to California's wine industry model.




Quote:

10. Any person who threatens the enjoyment of these provisions is guilty of a misdemeanor.




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InvisibleGreen_T
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: bigmike7104]
    #13427260 - 11/03/10 03:28 AM (13 years, 2 months ago)

Quote:

bigmike7104 said:
Quote:

Green_T said:
^ Jack Herer was also opposed to 215, which nachohippie proudly flaunts all over these boards.

If prop 19 doesn't pass, then the Jack Herer bill would have a snowflake's chance in hell. On the other hand, if prop 19 passes, then the Herer bill would have a better chance of passing. It might also pass in several other states simultaneously.




Jack Herer didn't like prop 215 but he still supported it I believe because he recognized it was a step in the right direction which these stoners against legalization don't see.




That is true: he initially opposed it, but then changed his opinion when he realized that a step in the right direction is better than no step at all.


--------------------

"I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson

Legalize Meth | Drug War Victims


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InvisibleGreen_T
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: Green_T]
    #13427270 - 11/03/10 03:38 AM (13 years, 2 months ago)

I really like this bill - and hope it passes in 2012 - but if it was on the ballot now then it would definately not get as many votes as prop 19.

Look at the following: would the people who voted no on 19 (stoners against legalization, which represents a minority, excluded) be any more likely to pass this bill?

Quote:

99 flowering female plants and 12 pounds of dried, cured cannabis hemp flowers, bud, not leaf, produced per adult, 21 years of age and older, per year shall be considered as being for personal use.




Quote:

10. Any person who threatens the enjoyment of these provisions is guilty of a misdemeanor. The maximum penalties and fines of a misdemeanor may be imposed.



Quote:

1. Enactment of this initiative shall include: amnesty, immediate release from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records for all persons currently charged with, or convicted of any non-violent cannabis hemp marijuana offenses included in this initiative which are hereby no longer illegal in the State of California. People who fall within this category that triggered an original sentence are included within this provision.



Quote:

Sufficient community outlets shall be licensed to provide reasonable commercial access to persons of legal age,



Quote:

Place an excise tax on commercial sale of cannabis hemp euphoric products, analogous to California's wine industry model, so long as no excise tax or combination of excise taxes shall exceed $10.00 per ounce




Also, don't expect the dispensaries to support this bill either. If they stand to lose money (as they did with prop 19) they will convince gullible people that this is somehow bad - not enough plants, won't stop the cartels, won't guarantee it allows it in the city, etc.

By the way, the reason why prop 19 left decisions to be made at the county level and not at the state is so it would have made it much more difficult to overturn at the federal level.


--------------------

"I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson

Legalize Meth | Drug War Victims


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Offlineguest1
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: Green_T]
    #13446953 - 11/07/10 04:51 AM (13 years, 2 months ago)

You go for too much freedom and not the ability for anywhere in the entire state to deny you for any reason without being penalized, and it will surely lose (at least with the way things are right now, maybe by 2012 things will have changed that I don't yet know about?).

It is like saying "we want to vote to be allowed to buy and own guns, but illegal to have near children" and then it fails to pass.

then saying "Well that failed, how about this instead: We want the right to have as many guns as we want, anywhere any time for any reason and shall not be punished no matter what the gun is used for." yeah that's a lot better, all gun owners will vote yes on that and the cops/store-owners/schools (and many others) non gun owners will all vote no and again it will fail.

Thats how it works.

I am only relating this to guns as an example that may help people who don't understand the concept of why the 2012 law will very likely fail and not only that, I bet it will not lose by a measly 7.8% but more like lose by 40% or so, like 30% yes vs 70% no. The less power the cops and government have over the people, the more likely they will vote no and the bill/prop will fail to pass.

Consider this: How many states in USA allow medical marijuana? All of them? No. Half? No. About 25%? Yes (i think 13 is about right). My point is, if 100% of the states allowed medical marijuana, it would be more likely to get the 2012 bill passed, but getting ANY penalties lowered anywhere for cannabis is still an uphill battle.

Imagine legalizing cannabis/hemp as building a house out of bricks, you can't expect to dump a pile of bricks and it becomes a nice and pretty house automatically, it is something that takes time, you have to lay 1 brick at a time and the whole time you have people yelling at you and telling you that building that house is horrible and will kill millions of children, but end the end, everyone will see that instead, you actually have something nice.

Also, The History Channel just aired "Marijuana: A Chronic History" (Google search result link) which I haven't got to watch the whole video yet, but it seemed Pro-Cannabis. They had Rob Kampia (co-founder and executive director of the Marijuana Policy Project, the largest nonprofit organization in the U.S. that is solely dedicated to ending cannabis prohibition.) speaking and bringing up good points, along with other people. It is too bad this didn't air before Prop 19 started to reverse (about 2-4 weeks before voting) because it may have helped it pass.


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Offlinerealfuzzhead
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Re: The Jack Herer Cannabis Hemp Initiative 2012 [Re: guest1]
    #13449843 - 11/07/10 05:56 PM (13 years, 2 months ago)

damn thats a good map and trust me, 47% for humboldt is amazing, everyone sells weed up there i thought forsure itd be like 10% to 90%

and i completely agree with what guest1 said about the 2010 initiative, how are parents and cops and the rest of the sheep supposed to buy in unless they here, "makes us money, jail time for giving to minors and no driving while high!"

with this, all you will here will be"imagine, marijuana plants growing in our parks, schoolyards and sidewalks! imagine, a giant smoke cloud the size of california giving everyone cancer from 2nd hand! imagine all the high bus drivers!

jeezeeee one step at a fucking time


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