CURRENT TEXT FOR 2014 CANNABIS BALLOT INITIATIVE

Things have been going crazy the last few days. Someone posted the link on BoingBoing, and we have had over 1000 people looking at the document in the last 3 days. The numbering and layout got a little out of hand, but I just finished cleaning it up. Sections 11420.300 to 11420.380 have the biggest changes.

 

Please review the lasted language below:

(from http://bit.ly/camj2014)

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SECTION 1. Sections 11420.0 to 11420.710 are added to the Health and Safety Code, to read:

11420.0 Purposes:

(a) To restore the production of medical and industrial variants of Cannabis to the California economy;

(b) To restore and tax adult social use of Cannabis with appropriate safeguards;

(c) To clarify California Medical Marijuana laws;

(d) To release non-violent marijuana inmates and expunge the criminal records thereof;

(e) To permit the refocus of the efforts of law enforcement groups on violent and property crimes;

(f) To terminate the control of the cannabis market and industry by national and international organised crime elements;

(g) To retain and strengthen existing laws against providing Cannabis to a minor; and

(h) To retain and strengthen existing laws against impaired driving.

11420.010 Findings: The People of the State of California find that:

(a) Industrial Cannabis and Hemp sales tax will be a useful adjunct to its economy.  

(b) Any benefits of Cannabis prohibition are vastly outweighed by the costs to society of investigating, arresting, prosecuting, and punishing otherwise law-abiding citizens.  

(c) Medical Marijuana is important for the health and welfare of the people of California.

(d) Taxing Cannabis and Hemp will generate millions of dollars in annual revenue for California.

(e) Regulating Cannabis and Hemp will make California safer, by eliminating the black market.  

11420.020 Definitions:

(a) This Act shall be known and cited as the Cannabis & Hemp Freedom Act.

(b) “Cannabis” means “marihuana” or “marijuana” as defined in Section 11018, “concentrated cannabis” as defined in Section 11006.5.11421(a), as cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis indica, cannabis ruderalis, or any other variety or strain of cannabis, whether the living plant, dried plant, leaf, bud, flower, particle, resin, root, stem, seed, stalk, or any derivative, concentrate, extract, preparation, or any product thereof. 

(c) “Industrial Hemp” means Cannabis plants or products which are not intended for human or animal consumption.

(d) “Nutritional Hemp” means Cannabis, or a product containing cannabis, that has been found to have a tetrahydrocannabinol content of less than three-tenths of one one-hundredth (.03%) part by mass.

(e) “Hemp” means both Industrial & Nutritional Hemp.

(f) A “natural person” or an “individual” means one member of the species Homo sapiens. 

(g) A “legal person” means a business entity incorporated under the laws of the State of California and the United States of America.

(h) A “person” means either a natural person, or a legal person.

(i) A “registered business” or a “listed business” is a business which has successfully applied for inclusion on the list of entities registered as cannabis manufacturers per 11420.210, as cannabis distributors per 11420.220, or as cannabis retailers per 11420.230.

(j) A “collective” is a business, farm, etc., jointly owned and operated by the members of a group. A collective should be an organization that merely facilitates the collaborative efforts of patient and caregiver members including the allocation of costs and revenues. As such, a collective is not a statutory entity, but as a practical matter it might have to organize as some form of business to carry out its activities. The collective should not purchase marijuana from, or sell to, non-members; instead, it should only provide a means for facilitating or coordinating transactions between members.

(k) To “administer” means to apply a controlled substance, whether topically, or by instillation, injection, suppository, ingestion, or inhalation, or by any other means, to the body of a natural person.

(l) A “controlled substance” means a dangerous, harmful, or detrimental drug as listed under Schedules I to V of Title II of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236 (Oct. 27, 1970), hereafter known as the Controlled Substances Act, 1970.

(m) An “analogue” of a controlled substance means a substance, the chemical structure of which is substantially similar, but not identical, to the chemical structure of a controlled substance in Schedules I and II, or the salt, isomer, or salt of isomer thereof, and which has a stimulant, depressant, euphoriant, empathogenic, or hallucinogenic effect on the central nervous system of a natural person.

11420.030 No California resident or person located within the State of California shall be subject to any discrimination in any courts, including, but not limited to, civil and family court, nor be charged with any crime, felony or misdemeanor related to the use, growth, possession, transportation, or sales of Cannabis or Hemp or the seeds or pollen thereof, nor for land use related to any such activity, unless otherwise prohibited under state law. 

11420.040 Using, selling, cultivating, or producing Cannabis or Hemp in any form, including any concentrated form of the separated or extracted resins, whether obtained in crude or purified form, or extracted using any solvents, shall not be prohibited. 

11420.050 Cannabis or Hemp that is sold for medical purposes shall not be subject to sales tax.

11420.060 Cannabis sold for adult social use shall be taxed at current California retail sales tax rate. Tax revenue generated by sales of recreational adult use of Cannabis Hemp shall go directly to the Counties where sales take place and shall directly benefit any school districts, Emergency Medical Services, Fire Services, Police Services and Animal Services within the borders of said county, and shall be distributed equally to each group and administered through the County Treasurer.

11420.070 Cannabis and Hemp are hereby reclassified and de-scheduled from the California Uniform Controlled Substances Act, and restored to the list of available medicines in California.

11420.100 Discrimination:

(a) All other California licensing privileges shall be governed by existing California law as to factors which indicate fitness, except that the use of Cannabis or Hemp shall, in itself, not be a basis for denying any licensing right or privilege, employment, or benefit, except where there is clear and convincing evidence that when performing a required task where temporary physical impairment due to cannabis use will endanger human life. Impairment while performing the licensed tasks shall be handled by the various licensing boards so that performing licensed tasks while impaired by Cannabis or Hemp will carry the same penalties, defenses, and legal remedies as exist currently for substance impairment.

(b) Providers of electricity, water, fuel, gas, telephone, internet, communication, transportation or other public, or private, utility services shall not charge higher rates to any individual, business or group, nor otherwise discriminate against individuals or businesses, based on the presence, use, or handling of Cannabis or Hemp.

(c) Banking and other State licensed financial institutions shall not discriminate against persons or entities due to their use of Cannabis or Hemp or their commerce in Cannabis or Hemp.

(d) Insurance, and other State licensed insurance companies shall not discriminate against persons or entities due to their use of Cannabis or Hemp or their commerce in Cannabis or Hemp.

(e) The following statutes are hereby repealed from the Health and Safety Code: Section 11054(d)(13), Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361. Section 23222(b) of the California Vehicle Code is hereby repealed. Cannabis related activities are hereby removed from the prohibitions contained within Health and Safety Code Sections 11364.7, 11365, 11366, 11366.5, 11379.6 and 11570.

11420.200 Limitations:

(a) A natural person, aged 21 years or older, and not registered as a manufacturer of cannabis, may cultivate no more than twelve (12)outdoor or ninety nine (99) indoor mature flowering Cannabis plants on his (her) purchased or rented property; the presence of more than this number of plants: 

(i) shall be deemed an offence at strict liability and punishable by an infraction as defined in Penal Code § 19.6, and a requirement to attend the county cannabis diversion program; and

(ii) shall be deemed a commercial/agricultural operation and regulated under local zoning ordinances.

(b) A natural or legal person registered under the Act may cultivate any number of mature or immature flowering Cannabis plants. The property used for cannabis cultivation shall be zoned as commercial/agricultural property and regulated under local ordinances as such.  

(c) The protections provided by this Act shall not apply to any person or group that sells or supplies cannabis to a minor without the consent of his (her) parents or guardians or deliberately aids any criminal organizations or cartels primarily operating in a foreign jurisdiction.

(d) Individuals shall be responsible for the consequences of their own use of Cannabis or Hemp. Sellers or providers of Cannabis or Hemp shall not be responsible for the consequences or claimed damages due to the use of Cannabis or Hemp by any party or any third party claimant, except where the seller or provider provides Cannabis or Hemp to a minor.

(e) Nothing in this Act shall protect anyone from California’s Arson Laws, Penal Code’s 451 & 452.

11420.300 Reasonable Regulations:

(a) No government entity shall enact any unreasonable regulations related to the provision, sales, distribution and use of Cannabis or Hemp that exceed regulatory requirements for any similar business or organization such as cigar shops or wineries.

(b) No government entity shall enact any unreasonable regulations related to the cultivation of Cannabis or Hemp that exceed regulatory requirements for any similar business or organization such as a field crop or nursery .

(c) Any license or permit fee required shall not be excessive, discriminatory, or prohibitive.

(d) No farmers, manufacturers, processors, or distributors, shall be subject to any zoning requirement, licensing fee, or tax that is excessive, discriminatory, or prohibitive

(e) No municipality may ban or prohibit collectives, cooperatives or dispensaries that follow the Attorney General Guidelines; however the number of premises for which storefront dispensing shall be limited to one for each 4,000, or fraction thereof, inhabitants of the city or county in which the premises are situated. Existing storefront dispensaries as of the effective date of this proposition are grandfathered and shall be deemed approved with respect to zoning.

(f) Medical cannabis collectives and cooperatives that exist as storefront dispensaries, as of the date this Section is enacted. that are at least 600 feet from schools K-12, shall be exempt from any enforcement actions with respect to local zoning ordinances.

(g) The following departments shall be required to promulgate regulations:

(1) California Department of Food and Agriculture regarding Cannabis and Hemp Farms within six months of the enactment of this Section.

(2) California Department of Health regarding Medical Cannabis and Medical Cannabis Storefronts within six months of the enactment of this Section.

(3) California Department of Consumer Affairs regarding the Adult Social use of Cannabis, Adult On-site Social use Clubs, and Adult Social use Storefronts.

(h) Any application form used by a governmental agency to obtain a Tax Registration Certificate shall be silent as to Cannabis or Hemp and shall instead classify the sales as general retail to avoid a waiver of the Fifth Amendment privilege against self-incrimination. The sales of Cannabis or Hemp shall not be subject to any zoning requirement, licensing fee, or tax that is excessive, discriminatory, or prohibitive. The State of California and its agencies and employees shall not disclose and shall protect the identities of all persons, individuals, and corporate entities engaged in Cannabis or Hemp commerce or use. The State Board of Equalization shall continue to permit Cannabis or Hemp business activities the option to answer “decline to state” on their Seller’s Permit application so that the records will not constitute a Fifth Amendment waiver of the privilege against self-incrimination.

(i) A financial cooperative may be established pursuant to this section for, and limited to, an exclusive organization, ownership, and membership by collectives, cooperatives, and cannabis or hemp related business.

(1) A financial cooperative established pursuant to this section shall be subject to the California Commissioner of Financial Institutions. A financial cooperative established pursuant to this section shall not refer to itself as a “Credit Union” nor use the term “Credit Union” to describe itself in any documents related to the financial cooperative. The Commissioner shall promulgate rules for a notice that shall be provided to each prospective member and member of a financial cooperative pursuant to this section regarding the differences between the financial cooperative and other financial institutions.

(2) Additionally, pursuant to this section any state chartered credit union, or other financial entity regulated by the California Commissioner of Financial Institutions which provides non-federally insured deposit insurance, shall not be penalized for providing commercial banking services to state licensed or registered medical marijuana collectives or cooperatives.

(j) Cannabis and cannabis-containing products sold for adult social use shall be packaged in a sealed, opaque container or envelope, clearly and prominently labeled with the legend “CANNABIS CAÑAMO”, and its mass in ounces and twenty-eighth parts thereof, and rendered impossible to open without compromising the integrity of either the container or envelope itself. Failure to so package cannabis and cannabis-containing products shall be an offense

(k) A business registered per 11420.310, 11420.320, 11420.330, 11420.340, or 11420.350 must ensure that the net weight of any cannabis or cannabis-containing product it sells is not less than ninety-five (95) per cent., and not more than one-hundred and five (105) per cent. of the net weight specified on the label per 11420.320(f).

11420.310 Registration Process:

(a) The Legislative Assembly of the State of California shall take any and all measures to ensure that a registration system be promptly introduced for the retail sale, distribution, and manufacture of cannabis and cannabis-containing products.

(b) Any person who cultivates cannabis, manufactures cannabis-containing products, or who knowingly permits cannabis to be cultivated or cannabis-containing products to be manufactured on his (her) property for other than personal use is a manufacturer and is required:

(1) to register with the Department of Food and Agriculture as a manufacturer of cannabis; and

(2) to possess, retain, and prominently display on his (her) property a Notice of Cannabis Manufacturing.

(c) Any person who engages in or carries on with the sale of cannabis or cannabis-containing products to other than the final consumer, or who knowingly permits cannabis or cannabis-containing products to be sold from his (her) property to other than the final consumer, is a distributor and is required:

(1) to register with the Department of Food and Agriculture as a wholesaler of cannabis; and

(2) to possess, retain, and prominently display on his (her) property a Notice of Cannabis Acquisition and Distribution.

(d) Any person who engages in or carries on with the sale of cannabis or cannabis-containing products to the final consumer, or who knowingly permits cannabis or cannabis-containing products to be sold on his (her) property to the final consumer, is a retailer and is required:

(1) to register with the Department of Consumer Affairs as a retailer of cannabis; and

(2) to possess, retain, and prominently display on his (her) property a Notice of Cannabis Acquisition and Retail Sale.

(e) Regulatory Departments of the State of California are empowered to issue, modify, and revoke cannabis registration entries, as per the statutes and provisions of this Act.

(f) The following persons are eligible to apply for registration under the Act:

(1) a natural person over the age of twenty-one (21) years; or

(2) a legal person subject to the personal jurisdiction of the State and Federal courts within the State of California.

(g) To apply for registration under the Act, a person must submit to the relevant regulatory Department an application that contains the following information:

(1) if the applicant is

(i) a natural person, his (her) name, date of birth and gender and any other name registered with the State of California, under which the person intends to identify himself (herself) or conduct the activities for which the registration is sought (referred to in this section as “the proposed activities”); or

(ii) a legal person, its corporate name and any other name registered with the State of California, under which it intends to identify itself or conduct the proposed activities, as well as the name, date of birth and gender of each of its officers and directors;

(2) the address, telephone number and, if applicable, the facsimile number and electronic mail address for

(i) the site for which registration is sought (referred to in this section as “the proposed site”), and

(ii) if applicable, each building within the site at which the proposed activities are to be conducted;

(3) the mailing address for the proposed site and, if applicable, for each building referred to in sub-paragraph (b)(2), if different from the address provided under paragraph (b);

(4) the name, date of birth and gender of each of the following persons:

(i) the proposed director;

(ii) the proposed supervisor; and

(iii) if applicable, the proposed alternate supervisor;

(5) the name and gender of each of the persons authorized to place an order for cannabis on behalf of the applicant;

(6) the proposed activities that are to be conducted at each building referred to in sub-paragraph (b)(2) and the substances in respect of which each of those activities is to be conducted at each building;

(7) a detailed description of the security measures at the proposed site;

(8) a detailed description of the method that the applicant proposes to use for keeping records, which must permit

(i) compliance with record-keeping requirements;

(ii) a person or persons authorized by the relevant regulatory Department to audit the activities of the licensed producer with respect to cannabis, and

(iii) the reconciliation of orders for cannabis and shipments and inventories of cannabis;

(h) An application for registration must be signed and dated by the proposed director, and must additionally include a statement that all of the documents submitted as part of the proposal are true and complete to the best of his (her) knowledge.

11420.320 Resisted Businesses:

(a) A registered business must designate:

(1) one director, to have overall responsibility for management of the activities carried out at the business site; and

(2) one supervisor, who may also be the director, to work at the business site, to have responsibility for supervising the activities with respect to cannabis conducted at that site, and for ensuring that the activities comply with the Act and its regulations.

(b) A registered business may additionally designate one alternate supervisor, to work at the business site, and to replace the supervisor when he (she) is indisposed.

(c) No business registered per this Act shall employ any natural person under the age of twenty-one (21) years at, or permit any natural person under the age of twenty-one (21) years to enter or remain upon, the site where cannabis is manufactured, distributed, or sold at retail.

(d) No business registered per this Act shall display dried cannabis or cannabis-containing products in a manner that is visible to the general public from a public highway.

(e) A business registered per this Act who ships dried cannabis or cannabis-containing products, or a natural person who returns such product to the seller per 11420.540 must:

(1) ship the cannabis in only one shipment per order;

(2) use a shipping method that ensures the tracking and safekeeping of the package during transportation; and

(3) prepare the package in a manner that ensures the security of its contents, such that

(i) the package will not open or permit the escape of its contents during handling and transportation,

(ii) it is sealed so that it cannot be opened without the seal being broken,

(iii) it prevents the escape of cannabis odor, and

(iv) it prevents its contents from being identified without it being opened.

(f) The following acts, when performed by a business registered as a cannabis retailer or by an employee of such business, shall not constitute criminal or civil offenses under the laws of the State of California:

(1) Purchase and receipt of dried cannabis or cannabis-containing products that have been properly packaged and labeled from a cannabis manufacturer or distributor;

(2) Possession of dried cannabis or cannabis-containing products in a quantity consistent with the operation of a retail business; and

(3) Delivery, distribution, and sale, on the premises of the retail outlet, of any amounts of dried cannabis or cannabis-containing products to any person twenty-one years of age or older.

(g) The following acts, when performed by a business registered as a cannabis distributor or by an employee of such business, shall not constitute criminal or civil offenses under the laws of the State of California:

(1) Purchase and receipt of dried cannabis or cannabis-containing products that have been properly packaged and labeled from a cannabis manufacturer or distributor;

(2) Possession of dried cannabis or cannabis-containing products in a quantity consistent with the operation of a wholesaler; and

(3) Delivery, distribution, and sale of dried cannabis or cannabis-containing products to a registered manufacturer, distributor, or retailer.

(h) The following acts, when performed by a business registered as a cannabis manufacturer or by an employee of such business, shall not constitute criminal or civil offenses under the laws of the State of California:

(1) Purchase and receipt of dried cannabis or cannabis-containing products that have been properly packaged and labeled from a cannabis manufacturer or distributor;

(2) Possession of dried cannabis or cannabis-containing products;

(3) Cultivation of any number of cannabis plants; and

(4) Delivery, distribution, and sale of dried cannabis or cannabis-containing products to a registered manufacturer, distributor, or retailer.

(i) The possession and use of dried cannabis or cannabis-containing products by any natural person over the age of twenty-one years and located within the boundaries of the State of California shall not constitute criminal or civil offenses under the laws of this State.

11420.330 Cannabis manufacturers. A registered cannabis manufacturer may

(a) possess, produce, and destroy cannabis and cannabis-containing products;

(b) conduct in-vitro testing necessary to assay the content of cannabinoids in its products; and

(c) sell, ship, deliver, and transport cannabis and cannabis-containing products to

(1) another registered cannabis manufacturer;

(2) a registered cannabis distributor;

(3) a registered cannabis retailer;

(4) an analytical laboratory; or

(5) a regulatory Department.

11420.340 Cannabis Distributors. A registered cannabis distributor may

(a) possess and destroy cannabis and cannabis-containing products;

(b) sell cannabis and cannabis-containing products to registered distributors and retailers; and

(c) ship, deliver, and transport cannabis and cannabis-containing products to

(1) a registered cannabis manufacturer;

(2) another registered cannabis distributor;

(3) a registered cannabis retailer; or

(4) a regulatory Department.

11420.350 Cannabis Retailers. A registered cannabis retailer may:

(a) possess and destroy cannabis and cannabis-containing products;

(b) sell cannabis and cannabis-containing products to a natural person for his (her) personal use;

(c) allow the personal use of cannabis and cannabis-containing products on his (her) property; and

(d) ship, deliver, and transport cannabis and cannabis-containing products to

(1) a natural person for his (her) personal use;

(2) a registered cannabis distributor; or

(3) a registered cannabis manufacturer.

11420.360 Security:

(a) The premises of a listed business must be designed in a manner that prevents unauthorized access thereto.

(b) The perimeter of the premises must be monitored at all times by visual recording devices to detect any attempted or actual unauthorized access thereto. Such devices must, in the conditions under which they are used, be capable of recording in a visible manner any attempted or actual unauthorized access to the premises.

(c) The perimeter of the premises must be secured by an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to, or movement in, the premises, or tampering with the system.

(d) All visual recording devices, as well as the intrusion detection system, must be monitored at all times by personnel who must determine the appropriate steps to be taken in response to the detection of any attempted or actual unauthorized access to, or movement in, the premises, or tampering with the intrusion detection system.

(e) If any such occurrence is detected, the personnel must make a record of:

(1) the date and time of the occurrence;

(2) the measures taken in response to it; and

(3) the date and time when such measures were taken.

(f) Access to areas where cannabis is present (hereinafter, “restricted areas”) within the premises of a business must be restricted to persons whose presence in those areas is required by their work responsibilities.

(g) The supervisor or, if applicable, the alternate supervisor, must be physically present while other persons are in restricted areas.

(h) A record must be made of the identity of every person entering or exiting restricted areas.

(i) Restricted areas must include physical barriers that prevent unauthorized access.

(j) Restricted areas must be monitored at all times by visual recording devices to detect illicit conduct. The devices must, in the conditions under which they are used, be capable of recording in a visible manner illicit conduct.

(k) Restricted areas must be secured by an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to or movement in those areas or tampering with the system.

(l) The intrusion detection system must be capable of, at all times while the business is not in operation, notifying personnel, who must determine the appropriate steps to be taken in response to the detection of any illicit conduct.

(m) If any such occurrence is detected, the personnel must make a record of:

(1) the date and time of the occurrence;

(2) the measures taken in response to it; and

(3) the date and time when such measures were taken.

(n) Restricted areas must be equipped with a system that filters air to prevent the escape of odors and, if present, pollen.

11420.370 Returns

(a) A person who obtains dried cannabis or cannabis-containing products may return the cannabis or product to the person who sold or provided it to him (her), if such person accepts the return of such cannabis or cannabis-containing product.

(b) If a person returns cannabis or cannabis-containing products to the seller by means of shipping it, he (she) must:

(1) use a shipping method that meets the requirements of 11470.360(c) and

(2) ship it in a package that meets the requirements of 11470.360(b).

(c) If a person returns unopened cannabis or cannabis-containing products to the seller, the seller must replace the returned cannabis or product with an equal quantity of substantially similar product.

(d) Dried cannabis or cannabis-containing products that have been sold or provided under this Act and subsequently returned to the seller per 11420.530 must not be resold or provided again.

11420.380 Records

(a) Except in the case referred to in 11420.620, a listed business which receives cannabis must record the following information:

(1) the name of the person from whom it was received;

(2) the address of the site at which it was received;

(3) the date on which it was received; and

(4) an indication of whether dried cannabis or cannabis other than dried cannabis was received, as well as the following information:

(i) in the case of dried cannabis, the quantity and, if applicable, brand name, or

(ii) in the case of cannabis other than dried cannabis, the substance ordered, its quantity, description, intended use and, if applicable, brand name.

(b) A listed business which receives a verbal order to deliver cannabis must record the following information:

(1) the date on which the order was made and the order number;

(2) if the person making the order is acting on behalf of a listed business, the name of that person;

(3) the name of the natural person recording the order; and

(4) an indication of whether dried cannabis or cannabis other than dried cannabis was ordered, as well as the following information:

(i) in the case of dried cannabis, the quantity and, if applicable, brand name, or

(ii) in the case of cannabis other than dried cannabis, the substance ordered, its quantity, description, intended use and, if applicable, brand name.

(c) A listed business which receives cannabis that has been returned to the seller must record the following information:

(1) the name of the person who returned it or caused it to be returned;

(2) if the person returning the cannabis to the seller is acting on behalf of a listed business, the address of the site at which this business operates;

(3) the date on which it was received by the seller; and

(4) an indication of whether dried cannabis or cannabis other than dried cannabis was returned, as well as the following information:

(i) in the case of dried cannabis, the quantity and, if applicable, brand name, or

(ii) in the case of cannabis other than dried cannabis, the substance returned, its quantity, description, intended use and, if applicable, brand name.

(d) A listed business must record the following information in respect to each lot or batch of cannabis that it propagates, sows, harvests, dries, packages, or destroys:

(1) the date on which cannabis plants are propagated by means other than sowing seeds and the total number of new plants propagated in this manner;

(2) the date on which cannabis seeds are sown and their total net weight;

(3) the date on which cannabis is harvested and its net weight on that date;

(4) the date on which the drying process for cannabis is completed and its net weight on that date;

(5) the date on which cannabis is packaged and its net weight on that date;

(6) the date on which cannabis is destroyed and its net weight on that date prior to its destruction.

(e) A listed business which destroys cannabis must, for each instance in which cannabis is destroyed, record the following information:

(1) the date on which the cannabis was destroyed, the name of the substance destroyed, and its net weight on that date prior to its destruction;

(2) the location at which it was destroyed;

(3) a brief description of the method of destruction.

(f) A listed business must record the net weight of each of the following that are in inventory at its site at the end of each quarter of the calendar year:

(1) cannabis seeds;

(2) harvested cannabis in respect of which the drying process has not been completed, other than cannabis referred in paragraph (d) or (e);

(3) harvested cannabis in respect of which the drying process has been completed, other than cannabis referred in paragraph (d) or (e);

(4) cannabis that is destined for destruction;

(5) packaged cannabis; and

(6) cannabis other than cannabis, specifying the name and net weight of each of the substances in question.

11420.400: Penalties, Cannabis Education Diversion Program:

(a) Drug diversion programs created by Penal Code section 1211, shall no longer apply to Cannabis or Hemp. In order to ensure a quality cannabis diversion program, in each County, the County Sheriff shall appoint a cannabis education program administrator, who shall establish minimum requirements, criteria, and fees for the successful completion of cannabis diversion programs. These minimum requirements shall include, but not be limited to, all of the following:

(1) An initial assessment of each (participant?) divertee, which may include all of the following: 

(A) Social, economic, and family background, (B) Education, (C) Vocational achievements, (D) Criminal history, (E) Medical history, (F) Drug history and previous treatment.

(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee.

(3) An exit conference which shall reflect the divertee’s progress during his or her participation in the program.

(4) Fee exemptions for persons who cannot afford to pay.

(b) The county cannabis education program administrator shall implement a certification procedure for cannabis diversion programs.

(c) The county cannabis education program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:

(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.

(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the person’s progress.

(3) A schedule of fees to be charged for services rendered to each person under a county cannabis program plan in accordance with the following provisions:

(A) Fees shall be used only for the purposes set forth in this chapter.

(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified cannabis diversion program shall not exceed the actual cost thereof, as determined by the county cannabis education program administrator according to standard accounting practices.

(C) Actual costs shall include both of the following:

(i) All costs incurred by the providers of diversion programs.

(ii) All expenses incurred by the county for administration, certification, or management of the cannabis diversion program in compliance with this chapter.

(d) The county shall require, as a condition of certification, that the cannabis diversion program pay to the county cannabis education program administrator all expenses incurred by the county for administration, certification, or management of the cannabis diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.

(e) Driving while impaired by cannabis shall remain punishable by Vehicle Code Sections 23103, 23152(a) and 23153, with the exception that in all cases cannabis impairment must be proven. Cannabis related impairment is a function of familiarity and dose and has little if anything to do with the number of nanograms of THC found in the blood, saliva, or hair samor physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. All cannabis impairment testing must be recorded on video, and should not exceed the same manner as is currently used to be deemed impaired by alcohol, prescription medicine, or lack of sleep.

(f) The use, cultivation, or sales of Cannabis by persons under the age of 21 for any purpose other than medical use may be prohibited, but punishment shall not exceed a civil infraction as defined in Penal Code § 19.6, or a requirement to attend the county cannabis diversion program. 

(g) Cannabis related conduct that contributes to the delinquency of a minor shall remain punishable by Penal Code section 272.

11420.500 Prohibition:

(a) The use of any State, County, or City resources to arrest, prosecute, enact, enforce, or fund the prohibition of possession, use, cultivation, transportation or sale of Cannabis or Hemp is expressly prohibited.

(b) State authorities, including the California Department of Justice, shall protect and defend all provisions of this Act from any and all challenges or litigation, whether by persons, officials, cities, counties, or the federal government.

11420.600 Release from prison & expungement of records:

(a) Enactment of this initiative shall include: amnesty, immediate release from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records including all arrest records for all persons currently charged with, or convicted of any non-violent Cannabis or Hemp 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.

(b) 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 or Hemp 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 online and at all police departments in the State to persons hereby affected. Upon filing such form free of charge with any Superior Court, 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 or Hemp related offense that 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. 

11420.700 Limited Immunity:  In the event this Section is determined to violate Federal law due to conflict of law by a court of appeal or any Supreme Court, then this Section shall be deemed a limited immunity statute rather than decriminalization or legalization, such that the conduct provided for herein shall instead be the subject of a limited immunity from prosecution under State law provided that all of the applicable rules herein are followed.

11420.710 Severability and Construction:

(a) Any law, statute, regulation or policy of the State of California that conflicts with this section is hereby amended or revised in order to comply with the intent of this Act.  Any such law, statute, regulation or policy not amended or revised within that time period shall be considered void and without legal effect.

(b) Should any provision of this Act, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Act or the application of this Act to any other person or circumstance and, to that end, the provisions hereof are severable. 

(c) The headings used herein are for convenience only.  The Findings and Purposes of this Section are for convenience only and shall not be deemed to limit the application of this Section.

 

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INTENT AND INTERPRETATION

 

It is the intent of this Act to recognize and reinstate the natural common law right to use marijuana in the State of California without hindrance or inconvenience or to dispense marijuana without regard to local zoning and business licensing laws except to the extent that consistent reasonable local regulations are permitted as provided herein.

 

This Act shall constitute a comprehensive scheme or system for authorizing, controlling, or regulating the processing and distribution of marijuana for both medical and personal recreational use such that no room remains for local action except to the extent permitted herein.

 

It is the intent of this Act to fully occupy the area including the areas of zoning, land use planning, and business licensing relating to the subject matters herein except to the extent that consistent reasonable local regulations are permitted as provided herein.

 

It is the intent of this Act that all local jurisdictions within the State shall accommodate the private individual, cooperative or collective cultivation and distribution of marijuana, and marijuana collectives, cooperatives or dispensaries that follow the California Attorney General’s Guidelines, except to the extent that consistent reasonable local regulations are permitted as provided herein.

 

It is the intent of this Act to also permit the enactment of consistent reasonable local regulations, as provided herein, to accommodate marijuana collectives, cooperatives or dispensaries that follow the California Attorney General’s Guidelines.

 

It is the intent of this Act that no local regulation may preclude marijuana collectives, cooperatives or dispensaries that follow the California Attorney General’s Guidelines from obtaining a conditional use permit or zoning variance.

 

It is the intent of this Act that no local government may enact a local regulation that amounts to a total ban of marijuana collectives, cooperatives or dispensaries that follow the California Attorney General’s Guidelines unless expressly permitted as provided herein.

 

It is the intent of this Act that no local regulation may preclude marijuana collectives, cooperatives or dispensaries that follow the California Attorney General’s Guidelines from obtaining a conditional use permit or zoning variance.

 

It is the intent of this Act that in localities where marijuana collectives, cooperatives or dispensaries that follow the California Attorney General’s Guidelines are not subject to consistent reasonable local regulations are permitted as provided herein that such marijuana collectives, cooperatives or dispensaries shall be deemed legal but non-conforming uses of the relevant property (s).

 

It is the intent of this Act that medical marijuana collectives, cooperatives or dispensaries that follow the California Attorney General’s Guidelines shall be deemed similarly situated to pharmacies for public health purposes and shall be treated equally therewith.

 

It is the intent of this Act to create an all-encompassing model for the control and distribution of marijuana for both medicinal and recreational use.

 

It is the intent of this Act that local jurisdictions may not define nuisances and/or seek abatement of nuisances in a manner that is inconsistent with the express intent and provisions of this Act.

 

The subject matter herein shall be exclusively a matter of state concern thereby preempting local land use, zoning and business licensing laws except to the extent that consistent reasonable local regulations are permitted as provided herein.

 

It is the intent of this Act to retroactively invalidate pre-existing inconsistent local regulations.

Author
Allan Frankel, MD Dr Allan Frankel is one of the few physicians in the US who truly understands Cannabis as a medicine. All treatments suggested have been well studied. Every patient seen by Dr Frankel is given a personally created Treatment Plan created with the patient's specific issues defined. Plant medicine requires "tuning" of the dosing. Dr Frankel works with his patients thru a messaging portal. The use of this portal, allows quick and simple follow up contact with Dr Frankel. Patients are not charged for these messages, as this is how Dr Frankel has learned what he has learned. Follow up appointments in person or by phone/video are also available when needed

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