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InvisibleGreen_T
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CCHHI - A word for word analysis by Green_T
    #13432789 - 11/04/10 07:19 AM (13 years, 2 months ago)

Disclaimer: I've taken this act from http://youthfederation.com/cchhi2012.html . I am in no way a lawyer or trained in law: this is just what it appears to be to me. If something appears wrong, or could be clarified, please send me a :pm: and I will fix it and give you credit.

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

Quote:


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.
(c) Cannabis hemp religious and spiritual products.
(d) Cannabis hemp recreational and euphoric use and products.





^No person or company shall get any type of fine or punishment for possession, cultivation, transport, distribution or selling of cannabis in any shape or form. Cannabis is defined in several ways, which are explained later and I have summarized below

(a) Cannabis hemp industrial products = industrial hemp (plastics, fuel, etc.)
(b) Cannabis hemp medicinal preparations = medicinal marijuana (to treat HIV, MS, etc.)
(c) Cannabis hemp nutritional products = edible marijuana, low THC (e.g. hemp oil)
(c) Cannabis hemp religious and spiritual products = marijuana for spiritual use
(d) Cannabis hemp recreational and euphoric use and products = marijuana for recreational use

Quote:


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.




^This bill discusses Hemp, and cannabis, and refers to any species of the plant and any product from it.

Quote:


(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.




^"Cannabis Hemp Industrial Products" is defined as cannabis products that are not for human consumption.

Quote:


(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.




^ "Cannabis Hemp Medicinal Preparations" is cannabis which is used to treat any disease or ailment.

Quote:


(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.




^"Cannabis hemp nutritional products" refers to hemp made for eating (excluding intoxication)

Quote:


(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.




^"Cannabis hemp euphoric products" means cannabis which does not fall under the other categories. This falls under the umbrella of personal use and spiritual use. This is the cannabis that gets you high.

Quote:


(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.




^Personal use means use by anyone over 21, excluding sale.

Quote:


(g) The term "commercial production" means the production of cannabis hemp products for sale or profit under the conditions of these provisions.




^Commercial production means production for legal sale or profit

Quote:


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.




^INDUSTRIAL hemp farmers/producers/processors/distributors shall not be subject to any conditions, fees or tax which is unreasonable. This includes zoning, licenses, etc. It will be considered like any other plant.

Quote:


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.




^Medicinal cannabis will be officially recognized as medicine and any physician can prescribe it as they would any other medication. There will be no tax on medicinal cannabis.

Quote:


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.




^People who grow, transport, distribute, or use recreational cannabis will not need a permit, license, or tax. This only applies to non-commercial cultivation (i.e. personal)

Quote:


(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.




^Testing for metabolites shall not be required for employment or insurance. It will not be used to consider employment, impairment, or current intoxication

Quote:


(c) When a person falls within the conditions of these exceptions, the offense laws do not apply and only the exception laws apply.




^? can anyone clear this up? :pm: me if you can and I will edit.

Quote:


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.




^Use of cannabis for religious/spiritual use will be considered a protected right.

Continued in next post


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InvisibleGreen_T
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Re: CCHHI - A word for word analysis by Green_T [Re: Green_T]
    #13432791 - 11/04/10 07:20 AM (13 years, 2 months ago)

Continued...

Quote:


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.




^Commerce for "euphoric" cannabis will be done the same way as with alcohol. Up to 99 flowering female plants,
12 pounds of bud (not leaf) per adult 21 or older is considered personal use.

Quote:


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.




^It will be legal to make, market, distribute, or sell (to adults) anything used in growing, storing, selling, extracting, using, etc. with respect to cannabis. I.e. headshops, grow lights, grinders, bongs, will be legal. No more "tobacco use only"

Quote:


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.




^No CA cops or funds will be used to assist the feds for things which would now be legal in CA.

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.




^Any person who denies people the rights in this document is guilty of a misdemeanor. ( I think this means a city official can’t require special licenses, or a cop can't prevent you from buying cannabis etc.)

Quote:


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




^Any law that contradicts this bill will be invalidated

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.




^Anyone who is in jail/probation for anything marijuana related which is non-violent and now legal will be freed. All criminal records for anything non-violent and now legal will be cleared/deleted (see below)

Quote:


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.




^Upon passage of the act, a 1- page application for destruction of personal records will be produced by the attorney general. One will be able to fill the form, pay $10, file it with the superior court, and then the court will decide if it is to be destroyed. After it is destroyed, you can truthfully say you were never arrested or convicted for anything which is now legal under the act.

This means if you got caught growing 99 plants or had 12 pounds of weed, upon release you could file a form and pay $10 for your record to be cleared/destroyed. Then you could say (i.e. on job applications) that you were never arrested for anything marijuana-related.

Quote:


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.




^The legislature is allowed to enact applications for license shops to sell euphoric cannabis to people over 21. License or permit fees for commercial production/distribution/(use?) will not exceed $1000

Quote:


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.




^All combined taxes will not be greater than $10 an ounce.

Quote:


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.




^The legislature will determine a performance test for current intoxication (i.e. being high). If you are intoxicated, you cannot drive, use heavy machinery, or do anything else which might be dangerous to the public.

Quote:


4. Regulate the personal use of cannabis hemp euphoric products in enclosed and/or restricted public places.



Enclosed and/or restricted places probably refers to “coffeeshops”, or other smoking venues. Coffeeshops will be regulated. This does not imply that you can't smoke in the street (the street is not a restricted public place) - Thanks to AlexD for clearing this up.

Quote:


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.




^Any federal prohibitions which conflict with the act will be repudiated. 10th amendment states that rights not determined in the constitution are left to the states, and to the people.

Quote:


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.




^If something needs to be taken out of the act (i.e. is found invalid by any court - CA courts only?), only that part is changed/removed and the rest of the act still stands. This means if parts of the act are removed, the rest is still valid.

Quote:


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.




^If an initiative is voted on that challenges a part of the act, the rest of the act still stands.

Quote:


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.




^This needs to be legal already!


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

"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


Edited by Green_T (11/05/10 03:30 AM)


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InvisibleGreen_T
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Analysis / FAQ [Re: Green_T]
    #13433467 - 11/04/10 11:22 AM (13 years, 2 months ago)

NOTE: The aim of this post is to provide a discussion and some analysis of bill as a whole. I have saved this space so the main points can be seen by new viewers, without having to wade through all the posts. I encourage anyone to post, and I will add their points to the FAQ, especially if it counters those which I have come up with myself to encourage balanced discussion. Credit will be acknowledged.

I have split this discussion and analysis into 2 sections: factual and speculative. The factual section is based directly on the text and what can be inferred from it. The speculative is mere speculation – but I will try to keep it reasonable.

FACTUAL ANALYSIS
Most people are probably wondering how this bill is different from prop 19. It is radically different, so I will try to answer the questions by comparing them.

How many plants am I allowed to grow?
One can have up to 99 plants growing simultaneously, and still have it considered “personal use”. This differs from prop 19’s 25 sq foot area limit. You will not need a license or permit to grow for personal use. Production of 12 pounds of bud (not leaves, stalks, etc) per year per person is considered personal use.

I live near a school. Will I be allowed to grow?
The bill does not mention anything which specifically mentions this. If there are laws which restrict growing near schools, then this law may not directly conflict with it. That means the law will still stand, and you won’t be able to grow.

Will I be allowed to smoke on the street, or at festivals, or on the beach, etc?
There is nothing in the bill which restricts smoking to private locations. Wherever one is allowed to smoke a cigarette, one would be allowed to smoke cannabis. This differs from prop 19, which restricted use to private locations.

What difference does this make to medical marijuana patients?
Patients who qualify for medical marijuana will be granted a tax exemption from buying their cannabis (which is capped at $10 an ounce). Any doctor will be allowed to prescribe. Also, medicinal cannabis can be prescribed to those under 21.

Will “coffeeshops” be allowed, and is it possible for my town to ban them?
Coffeeshops are explicitly mentioned in the bill, and they will be regulated. Your town may be able to ban them based on zoning regulations, like they can adult video stores, bars, unsightly buildings, etc.

When will this be on the ballot?
This is an initiative of the http://youthfederation.com/gather.html , based in Santa Cruz, California. They will start gathering signatures from November  2011 to April 2012 – and need one million signatures from registered CA voters.

SPECULATIVE ANALYSIS
What are the anti-CCHHI crowd likely to attack?
1) Driving under the influence. This is a favorite of prohibitionists. Although the bill does explicitly ban driving under the influence, it requests the state to come up with a test that is not based on metabolites (i.e. a way to measure current impairment). There are no accurate tests for this, so how this will happen is up to debate.
2) Inability to drug test employees. This bill explicitly states that people cannot be denied employment for failing a drug test. This will be a source of fear-mongering.
3) Applicability to the whole state/feds. Since this bill changes state law without the discretion of the counties, it is easier for the feds to challenge.

Is this bill good for “the small time farmer”?
This is difficult to answer. This bill would allow for large companies and boutique growers, much like the beer industry. But what about the farmer who currently grows? On one hand, they might lose a lot of money due to the drop in price due to a legitimate market. On the other hand, they will be able to sell more directly to the consumer, which might mean they could get more money on the wholesale value.

Is this bill good for operating dispensaries?
Dispensaries make a lot of money on the illegality of cannabis, so they might stand to lose. However, they are at an advantage in the sense that they could convert to coffeeshops. They will already have cornered part of their local cannabis market, and could exploit it.

What do you think are things that lower the bill’s chance of passage?
99 plants and 12 pounds of bud per person/year will be a point of contention when it comes to the bill. Prohibitionists were saying that prop 19 would allow for thousands of “joints per year” so they will have a field day with this figure. Personally, I think most recreational (as opposed to medical) smokers consume less than 16 ounces per month. If this were dropped to 2 ounces a month (1.5 pounds/year) it might allay some fears without restricting rights. Since people would assume 12 pounds is  a lot, they will most certainly say people are going to sell to kids.

Another point is the section near the end where it says that anyone who has previously been arrested would be freed and be able to petition for a pardon. I think this is great, obviously, but reduces the bill’s chance of passage dramatically. This will be a fear-mongering point for sure. I think this should be taken out of the bill and passed as a separate initiative.

There is a much lower tax on this than compared to prop 19. How will this affect passage?
Even though the tax is reduced, that shouldn’t make the bill less appealing to the voter. Even with prop 19’s higher taxes, people knew it wouldn’t solve California’s budget crises. People knew the tax revenue received would be small, and although tax generations were cited as a “plus”, people were not voting just to get tax money from it.

DISCUSSION:
While prop 19 dangled exciting tax incentives for the voter, CCHHI is based more on civil rights. CCHHI seems like the “ideal” bill for me, and reflects how cannabis should be treated. There is a clear distinction between hemp and cannabis, and no “sin tax” on the latter.


Edited by Green_T (11/05/10 05:59 AM)


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OfflineChronicCluster
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Re: CCHHI - A word for word analysis by Green_T [Re: Green_T]
    #13436166 - 11/04/10 09:08 PM (13 years, 2 months ago)

awesome thread, I look forward to reading your FAQ and analysis.


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