Monthly Archives: June 2013

Taking the Offense – Reconstructing Collectives at meeting

From: lanny – January 1, 1970

MAPP Newsletter is designed to help bring you information concerning the legalization of Medical Marijuana. ———————————————————— http:us2.campaign-archive1.comu3ad9c34c3647fc7c1f237dc8f&id19af35b486&e662791d62d http:marijuananews.us2.list-manage2.comtrackclicku3ad9c34c3647fc7c1f237dc8f&idc5eae39e9c&e662791d62d Friend on Facebook (http:marijuananews.us2.list-manage2.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id88c57f9719&e662791d62d) http:marijuananews.us2.list-manage1.comtrackclicku3ad9c34c3647fc7c1f237dc8f&ide5fde0da3e&e662791d62d Follow on Twitter (https:www.twitter.comLannySwerdlow ) Forward to a Friend (http:us2.forward-to-friend1.comforwardu3ad9c34c3647fc7c1f237dc8f&id19af35b486&e662791d62d) http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id59af9099ba&e662791d62d MAPP is 100 Funded by YOUR DONATIONS. ———————————————————— Marijuana Compassion & Common Sense Radio Program Every Monday 6:00PM IE Talk Radio 1050AM or listen live www.kcaaradio.com Call-In Line:(phone#-removed) ———————————————————— PRESTO-QUALITY CARE All Medical Marijuana Recommendations Only 49.00 EVENING HOURS NOW AVAILABLE CALL FOR DETAILS 647 Main Street 1B Riverside CA 92501 www.thc-foundation.comcalifornia (phone#-removed) FREE CULTIVATION CLASS EVERY TUESDAY 12-2 by Joe Grumbine of Willow Creek Springs (http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&idea0515940d&e662791d62d) ———————————————————— The finest drinking and growing water with pick up or delivery within the Inland Empire Call(phone#-removed) www.glacierpurewaters.com (http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&idbc80f42ac5&e662791d62d) ———————————————————— Buying or Selling A Home Specializing in the needs of medical marijuana patients especially those who cultivate their own medicine. 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Hosts Kali Smith and Erik Hunter would like to thank the listeners for tuning in every Wednesday on KCAA Radio Station 1050 AM. LIKE Lions Tent Radio on Facebook (http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&idb3eb4f54e6&e662791d62d) to continue the fun and watch for upcoming announcements. KCAA Radio 1050 AM www.kcaaradio.com http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id5ac8509f8b&e662791d62d http:marijuananews.us2.list-manage1.comtrackclicku3ad9c34c3647fc7c1f237dc8f&idd6f7ad3bb8&e662791d62d MAPP Events ———————————————————— Keep up-to-date with all the latest events. ———————————————————— PRESTO-QUALITY CARE All Medical Marijuana Recommendations Only 49.00 EVENING HOURS NOW AVAILABLE CALL FOR DETAILS 647 Main Street 1B Riverside CA 92501 www.thc-foundation.comcalifornia (phone#-removed) Join us every Tuesday from 12-2 for a FREE Cultivation Class. Learn how to grow your medicine. ———————————————————— DALE’S TILE http:marijuananews.us2.list-manage2.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id38fb0a5a9a&e662791d62d Master Tile Installation Specialist Over 30 years of Experience Specializing in swimming pools spas fountains bbqs floor showers tile rock & brick Residential & Commercial New & Remodel Contact DALE(phone#-removed) www.DalesTile.com ———————————————————— http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id6d6c061513&e662791d62d MAPP was founded in 1999 and is one of the most active public advocacy groups in the Southern California region. This group and the volunteers donate a tremendous amount of time resource and funds to help educate the public local politicians and even law enforcement agencies that the people who use medical marijuana need a viable safe and affordable access. There are so many miss-perceptions to the use results and concerns over the use of medical marijuana. Many of these false hoods have been prompted by government reports with some as old as the 1940’s. MAPP is dedicated to help educate and inform the pubic so they can Educate to Activatefor the cause. Non Profit group and all of our efforts are funded by private contributions and donations. Visit www.MarijuanaNews.org Lanny’s MAPP Newsletter June 30 2013 ———————————————————— ———————————————————— In California with the legal formation of collectives and coops a large scale marijuana distribution system was created. It certainly was not perfect but it worked. It was able to supply hundreds of thousands of patients with all the marijuana they could afford. Police and other law enforcement types which have always opposed Prop. 215 from the very beginning began an ultimately successful campaign to undermine this successful distribution system. With the collective system of distribution created by the state legislature in tatters and the legislature apparently not serious about reconstructing it it is up to us to reconstruct the collective system as it remains the only legal method for large scale distribution of marijuana to patients in California. Delivery services are springing up all over the place with many storefronts switching to deliveries and many new ones coming into operation. Although some cities are passing bans on delivery services they will be hard to enforce with most cities limited law enforcement capabilities. Many lawyers say cities cant ban delivery services anyway. Of course many of these lawyers are the same ones that told us that cities couldnt ban storefront collectives but the dynamics of delivery services are different than store fronts. Delivery services by their very nature tend to be way smaller than storefronts. Whereas a storefront might have five thousand or more members (Harborside the largest has over 100000) delivery services usually dont have more than a couple hundred members. As a consequence they dont have the selection a storefront has and prices can be higher but it makes detection by the cops much more difficult. Not only is it more difficult but the rewards to the cops would be considerably less as they could only bust them for violating a zoning law and not for selling marijuana illegally. Although delivery services will provide access patients need and deserve better. Although the Supreme Court dealt a severe blow to the collective system it did not outlaw it so it is still a viable method. How to reconstruct it is another question a question that will be the center topic of discussion at the Wednesday July 3 MAPP meeting in Riverside. Bring your ideas and join in the discussion on how to protect your rights and restore access. We have been contacted by patients from a neighboring city in the Inland Empire about doing just that in their city. Although several collectives have been shut down others continue to operate. They would like us to participate in their efforts to get their city to follow the lead of Palm Springs and allow collectives to operate under their citys zoning laws. They will be at the Wednesday meeting to discuss what is happening in their city and to develop a plan of action for them. What is developed and what is carried out could help develop methods that can be effective in convincing other cities to enact zoning ordinances allowing for collectives. If we just sit and lick our wounds then the cops will be victorious and will continue their program to totally undo Prop. 215. The advent of numerous bans on outdoor growing is but one example of their most recent attempts to subvert Prop. 215 by making it all but impossible for patients to access their medicine. With the Supreme Court ruling saying essentially that cities can do whatever they want as long as the state legislature specifically doesnt say they cant the next step after banning outdoor grows will be banning any grows in residential areas claiming that marijuana cultivation attracts crime and endangers children in the neighborhood. If we dont take the offensive then we will be playing defensive and we will lose. This meeting will be about taking the offensive to regain the access we have lost. We have the opportunity to work with patients in a nearby city lets hear them out and see what we can do. http:marijuananews.us2.list-manage1.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id8dcfe5d4fd&e662791d62d Pepper was arrested on Wednesday while testifying at the Riverside City Council meeting (http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id30a3fd0ade&e662791d62d) . She will be at the meeting to inspire us to action with her harrowing tale of what can happen when you venture into the belly of the beast. If Letitia wasnt enough we have another added bonus – the folks from VAPORNATION will make a presentation on the latest innovations in vaporization. They have some amazing products and you can see them all. Check them out athttp:www.VaporNation.comwww.vapornation.com. http:marijuananews.us2.list-manage1.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id41b996a963&e662791d62d ———————————————————— http:marijuananews.us2.list-manage1.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id681c70c9b6&e662791d62d The Wednesday July 3 MAPP meeting (http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id0a4ad47513&e662791d62d) begins at 7:30 p.m. and is held at the offices of Presto Quality Care 647 Main St. Riverside 92501. There will also be MAPP meetings (http:marijuananews.us2.list-manage1.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id50fe3f60f1&e662791d62d) in Palm Springs and Joshua Tree on Saturday July 6. Palm Springs MAPP meeting (http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id841d9c5c28&e662791d62d) begins at 11:30 a.m. and is held at Crystal Fantasy 268 N. Palm Canyon Dr. in downtown Palm Springs 92262. The Joshua TreeYucca Valley MAPP meeting (http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id4a9e852850&e662791d62d) begins at 2:30 p.m. JTOPIA has closed down and we are looking for another meeting location. Several have been located and the location and address of the meeting will be in the next email newsletter. Milk and cookies will be served at all three meetings. ———————————————————— http:marijuananews.us2.list-manage.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id3a77179ffd&e662791d62d M (http:marijuananews.us2.list-manage1.comtrackclicku3ad9c34c3647fc7c1f237dc8f&id149ddf53f1&e662791d62d) arijuana Compassion & Common Sense (http:marijuananews.us2.list-manage2.comtrackclicku3ad9c34c3647fc7c1f237dc8f&idc14dccff37&e662791d62d) Ever wanted to jump on a bus and take a cannabis tour of the United States Then tune in to the 6 p.m. Monday July 1st broadcast and simulcast of Marijuana Compassion and Common Sense where you will meet Stacey and Jacob and their great big green Cannabus. From the west coast to the east coast and all points inbetween the Cannabus Cannasense tour brings the message of ending marijuana prohibition to the heartland of America. One of the responses to the Supreme Court decision allowing cities to ban collective is to get an initiative on the ballot that allows collectives to operate. There are a number of such initiatives underway right now and our second guest is Patricia Smith from Nevada County where they are in the process of circulating an initiative petition to allow for mmj collectives to operate. How the initiative came to be what it will do how they are collecting the signatures whats been the community response and what their plans are to get it passed if it makes the ballot will be discussed. Take the Cannabus tour and learn all about Nevada County this Monday June 24 on the 6 p.m. broadcast and simulcast of Marijuana Compassion and Common Sense on IE talk radio station KCAA 1050AM and on the Internet at www.kcaaradio.com. On the website you cannot only hear the show but watch the mayhem in the studio on the live video feed. 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Legalization 2014. We have $2.5mil! – The Jack Herer Cannabis & Hemp Revenue Act of 2014

From: dave – January 1, 1970

Allan Thank you for your input. For me the problem with the current DUI law is I could be pulled over at any point and the amount of THC in my blood would be well over 100ng. We were attempting to solve that by including “AND” for all the conditions. Do you like this language better It’s a combination of language based on the Repeal Prohibition 2012 Language & DML’s suggestion. 11420.440 (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 sample. To insure fairness and prevent discrimination “cannabis impairment” occurs when a person’s mental or 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. Best Regards Dave Hodges On Sun Jun 30 2013 at 7:14 AM Allan Frankel wrote: > David > > It was great seeing you at the museum. > > I agree with David (shocker) that pretty much any nanogram value will fall > very short of anything remotely reasonable. We will be soon testing THC > CBD and endocannabinoid levels in blood and will get a lot of information > including impairments at various levels in different people. For example > what if THC levels are very elevated BUT CBD levels which will not be > checked are also elevated Is the person impaired > > There are so many examples of why a serum level will be an abusive test > but think about this one. As more and more combined CBD THC Terpene whole > plant extracts are used by the general population there will be more and > more patients walking and driving with THC levels way above 9 but due to > the CBD will be 100 lucid. Most folks I know are totally lucid with a lot > higher level and NO CBD. > > So in looking to the future of more and more dosed but still rich THC > medicines begin taken with much longer 12 lives in part due to CBD the > model of serum levels falls apart entirely – at least in my opinion. > Allan > > Allan I Frankel MD > allangreenbridgemed.com >(phone#-removed) > > > > On Jun 19 2013 at 1:44 PM David Malmo-Levine wrote: > > “What do you think about this: > > “(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 10000 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.”” > > I don’t understand why you’re happy with 18th the rights of the alcohol > dealers. Why not adopt the same limits as beer and wine 1 retail outlet > per 1250 in cities and 1 outlet per 2500 in smaller towns. If we’re > serious about getting people back to work why create artificial barriers > for them to do so If we’re serious about replacing more toxic and > dangerous drugs like alcohol tobacco and caffeine why create barriers to > prevent that from happening If we’re serious about “the free market” and > “competition keeping prices low and quality high” – why create barriers for > that How does limiting our rights to 18th of what the alcohol dealers > have address these concerns > > This isn’t about settling for less than equality. This isn’t our “40 acres > and a mule”. This is about demanding equality until we get equality. > > > > “I like where you are going with this but we need a nano gram number…” > > Why You don’t need one for prescription meds. You don’t need one for > coffee. You’re writing this to please who The voter Why would the voter > want to endorse a discriminatory rule that does not apply to other drugs > Cannabis impairment more closely resembles caffeine or pill impairment than > it does alcohol. The only people who want to see nanogram-based tests are > those who wish to replace one discriminatory model with another. Impairment > testing addresses the real concerns – nanogram testing only addresses the > concerns over maintaining scapegoats. > > Just ask a lawyer about the wording for the current prohibition on other > forms of impaired driving “caffeine prescription medicine lack of > sleep old age emotional instability or illness” and use that wording > instead for cannabis too. > > > > > > > > > > On Wed Jun 19 2013 at 11:47 AM Dave Hodges wrote: > >> David >> >> 1) When the PAC is formed everyone will be able to see the funders. >> Until the PAC is formed we have no money. All the funders get is legal >> cannabis and hemp in California. The PAC will be formed next month for tax >> purposes. >> >> 2) Great suggestion >> >> What do you think about this: “(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 10000 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.” >> >> 3) I like where you are going with this but we need a nano gram >> number… Maybe something like “any less then 5 nano-grams of THC shall not >> be considered as the presents of cannabis.” and then we need to tighten >> your language: >> >> “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 or saliva or hair sample. To insure fairness and prevent >> discrimination a person will be deemed to be impaired on cannabis in the >> same manner as is currently deemed to be impaired by caffeine prescription >> medicine lack of sleep old age emotional instability or illness – >> on-video impairment testing consisting of performing simple tasks such as >> walking a straight line counting backwards from 100 standing on one leg >> etc etc etc.” >> >> a) i think we should leave things like caffeine out >> b) is there a BP Code that talks about the “on-video impairment testing” >> that we could reference >> c) “etc” doesn’t work. If we can’t find a CA Law Code for it we need to >> spell it all out. >> >> … but I love where you’re going with it >> >> Best Regards >> Dave Hodges >> >> >> On Tue Jun 18 2013 at 9:11 PM David Malmo-Levine < >> malmolevinegmail.com> wrote: >> >>> 1) Who gave you the 2.5 million and what did they ask in return >>> >>> 2) “(e) No municipality may ban or prohibit collectives cooperatives >>> or dispensaries that follow the Attorney General Guidelines; however they >>> may limit the number of storefront dispensing collectives and cooperatives >>> to no less than 2 per municipality with more than 10000 residents. >>> Existing storefront dispensaries as of the effective date of this >>> proposition are grandfathered and shall be deemed approved with respect to >>> zoning.” >>> >>> The way I read that the government could reduce LA San Francisco or >>> Oakland down to 2 dispensaries. I would say instead: >>> >>> “Local governments may only limit the number of retail cannabis outlets >>> with the same limits imposed on retail wine and beer outlets – such as the >>> one found in the Section 23817.5 B & P Code: >>> >>> >>> On January 1 1998 Section 23817.5 was amended to permanently >>> establish a moratorium on the issuance of off-sale beer and wine licenses >>> (Type 20) in cities and counties where the ratio of Type 20 licenses >>> exceeds one for each 2500 inhabitants. In the city and county of San >>> Francisco the ratio has been established as one for each 1250 >>> inhabitants. The San Francisco computation combines off-sale beer and wine >>> license with off-sale general licenses for the purpose of establishing the >>> ratio. >>> >>> >>> 2005 Moratorium CountiesCities 2005 Moratorium Figures – Section >>> 23817.5 B & P Code http:www.abc.ca.govpermitspermits.html >>> >>> 3) “Cannabis impairment occurs when a person’s mental or 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 and the person has an Active THC content of more >>> than 25 nanograms per milliliter of blood. Cannabis impairment shall >>> not be solely based on the nanogram blood limit.” >>> >>> This should instead read: >>> >>> “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 or saliva or hair sample. To insure fairness and prevent >>> discrimination a person will be deemed to be impaired on cannabis in the >>> same manner as is currently deemed to be impaired by caffeine prescription >>> medicine lack of sleep old age emotional instability or illness – >>> on-video impairment testing consisting of performing simple tasks such as >>> walking a straight line counting backwards from 100 standing on one leg >>> etc etc etc.” >>> >>> 4) I love the parental permission policy. Excellent. >>> >>> If you address concern 2 & 3 I will support it and endorse it at >>> www.cannabisculture.com. >>> >>> >>> >>> On Tue Jun 18 2013 at 5:54 PM Glenn Macbeth wrote: >>> >>>> Far out It’s got my vote >>>> >>>> >>>> On Tue Jun 18 2013 at 4:53 PM Dave Hodges wrote: >>>> >>>>> Hi All >>>>> >>>>> Here is a copy of the latest language for the 2014 Initiative now >>>>> known as the Jack Herer Cannabis & Hemp Revenue Act of 2014. >>>>> >>>>> Good news is we currently have commitments of 2.5mil and our PAC >>>>> will be filing next month >>>>> >>>>> The language is still open if anyone has any changes additions or >>>>> suggestions you can view and edit the live document at: >>>>> http:bit.lycamj2014 >>>>> >>>>> Please review the language below. If you have any issues now is the >>>>> time to speak up. We can make 2014 happen if we all work together >>>>> >>>>> Best Regards >>>>> Dave Hodges >>>>> Founder >>>>> A2C2 – the All American Cannabis Club >>>>> SJCBC – the San Jose Cannabis Buyers Collective >>>>> SaveCannabis.org >>>>> >>>>> >>>>> Jack Herer Cannabis & Hemp Revenue Act of 2014 >>>>> (formerly known as Cannabis & Hemp Freedom Act of 2014 CHFA) >>>>> This Initiative may allow for the Freedom to use grow transport and >>>>> sell Cannabis in California. Sales will be taxed with an exemption >>>>> for medical use. >>>>> >>>>> This initiative measure is submitted to the People of the State of >>>>> California in accordance with the provisions of Article II Section 8 of >>>>> the Constitution. >>>>> >>>>> This initiative measure adds Chapter 6.7 entitled The Jack Herer >>>>> Cannabis & Hemp Act to >>>>> Division 10 of the Health and Safety Code. >>>>> >>>>> PROPOSED LAW >>>>> >>>>> SECTION 1. Sections 11420.0 to 11420.710 are added to the Health and >>>>> Safety Code to read: >>>>> 11420.0 Purposes: >>>>> (a) Restoration of Hemp production to the California economy; >>>>> (b) Restoration and Taxation of Adult Social Use of Cannabis with >>>>> appropriate safeguards; >>>>> (c) Clarify California Medical Marijuana laws; >>>>> (d) Release non-violent marijuana inmates and expunge records >>>>> (e) Retain and strengthen existing laws against providing Cannabis to >>>>> a minor; >>>>> (f) Retain and strengthen existing laws against impaired driving. >>>>> 11420.010 Definitions: >>>>> (a) This Act shall be known and cited as the Jack Herer Cannabis & >>>>> Hemp Revenue 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 cannabis sativa 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 products which test at less than >>>>> 0.3 THC. >>>>> (e) “Hemp” means both Industrial & Nutritional Hemp. >>>>> (f) 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. >>>>> 11420.020 Findings: The People of the State of California find that: >>>>> (a) Industrial Cannabis and Hemp 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. >>>>> 11420.030 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 seeds or pollen nor for >>>>> land use related to any such activity. >>>>> 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 >>>>> Adult Social Use of Cannabis Hemp shall go directly to the Counties where >>>>> sales take place and shall directly benefit any school district within city >>>>> borders of the municipality Emergency Medical Services Fire Services >>>>> Police Services and Animal Services and shall be distributed equally to >>>>> each group and administered through the County Treasurer. >>>>> 11420.100 Discrimination: >>>>> (a) The use of Cannabis or Hemp or a person’s involvement with the >>>>> sale cultivation or production of Cannabis or Hemp in itself shall not >>>>> be used in any way that could result in the denial of any employment >>>>> benefit licence or certificate except where there is clear and convincing >>>>> evidence that when performing a required task where temporary physical >>>>> impairment due to cannabis use may endanger human life. Whether or not >>>>> there is clear and convincing evidence the following positions shall be >>>>> forbidden from using cannabis: school bus drivers commercial airline >>>>> pilots and heavy equipment operators. >>>>> (b) Providers of electricity water or other public 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 Cannabisor Hempor their commerce in Cannabisor Hemp >>>>> . >>>>> (d) Insurance and other State licensed insurance companies shall not >>>>> discriminate against persons or entities due to their use of Cannabisor Hempor their commerce in Cannabisor 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. >>>>> (f) 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. 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. >>>>> 11420.200 Limitations: >>>>> (a) Persons 21 years of age or older may cultivate no more than 13 >>>>> mature flowering Cannabis plants outdoors; more than 13 mature flowering >>>>> Cannabis plants shall be deemed a commercial operation and regulated under >>>>> local zoning code. >>>>> (b) 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 or her parents or guardians or deliberately aids any criminal >>>>> organizations or cartels primarily operating in a foreign jurisdiction. >>>>> (c) 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. >>>>> (d) Nothing in this Act shall protect anyone from California’s Arson >>>>> Laws Penal Codes 451 & 452. >>>>> (e) Any Genetically Modified Cannabis or Hemp must be clearly labeled >>>>> as with the text GMO clearly visible on the front of any packaging. >>>>> 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 they may >>>>> limit the number of storefront dispensing collectives and cooperatives to >>>>> no less than 2 per municipality with more than 10000 residents. 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 Sellers Permit application so that the >>>>> records will not constitute a Fifth Amendment waiver of the privilege >>>>> against self-incrimination. >>>>> (i) Banking INSERT BANKING LANGUAGE HERE >>>>> 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 impairment occurs >>>>> when a person’s mental or 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 and the person has an >>>>> Active THC content of more than 25 nanograms per milliliter of blood. >>>>> Cannabis impairment shall not be solely based on the nanogram blood limit. >>>>> (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 of California resources to 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. >>>>> 11420.690 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. >>>>> 11420.700 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. >>>>> >>>>> >>>>> — >>>>> You received this message because you are part of the SaveCannabis >>>>> group. >>>>> >>>>> To post to this group send email to >>>>> savecannabisa2c2.us >>>>> >>>>> To Unsubscribe from this group send email to >>>>> savecannabis unsubscribea2c2.us >>>>> >>>>> View Archives at http:SaveCannabis.org >>>>> — >>>>> You received this message because you are subscribed to the Google >>>>> Groups “Save Cannabis” group. >>>>> For more options visit >>>>> https:groups.google.comaa2c2.usgroupsoptout. >>>>> >>>>> >>>>> >>>> >>>> >>>> — >>>> You received this message because you are part of the SaveCannabis >>>> group. >>>> >>>> To post to this group send email to >>>> savecannabisa2c2.us >>>> >>>> To Unsubscribe from this group send email to >>>> savecannabis unsubscribea2c2.us >>>> >>>> View Archives at http:SaveCannabis.org >>>> — >>>> You received this message because you are subscribed to the Google >>>> Groups “Save Cannabis” group. >>>> For more options visit >>>> https:groups.google.comaa2c2.usgroupsoptout. >>>> >>>> >>>> >>> >>> >>> — >>> You received this message because you are part of the SaveCannabis group. >>> >>> To post to this group send email to >>> savecannabisa2c2.us >>> >>> To Unsubscribe from this group send email to >>> savecannabis unsubscribea2c2.us >>> >>> View Archives at http:SaveCannabis.org >>> — >>> You received this message because you are subscribed to the Google >>> Groups “Save Cannabis” group. >>> For more options visit >>> https:groups.google.comaa2c2.usgroupsoptout. >>> >>> >>> >> >> >> — >> You received this message because you are part of the SaveCannabis group. >> >> To post to this group send email to >> savecannabisa2c2.us >> >> To Unsubscribe from this group send email to >> savecannabis unsubscribea2c2.us >> >> View Archives at http:SaveCannabis.org >> — >> You received this message because you are subscribed to the Google Groups >> “Save Cannabis” group. >> For more options visit >> https:groups.google.comaa2c2.usgroupsoptout. >> >> >> > > > — > You received this message because you are part of the SaveCannabis group. > > To post to this group send email to > savecannabisa2c2.us > > To Unsubscribe from this group send email to > savecannabis unsubscribea2c2.us > > View Archives at http:SaveCannabis.org > — > You received this message because you are subscribed to the Google Groups > “Save Cannabis” group. > For more options visit https:groups.google.comaa2c2.usgroupsoptout > . > > > > > — > You received this message because you are part of the SaveCannabis group. > > To post to this group send email to > savecannabisa2c2.us > > To Unsubscribe from this group send email to > savecannabis unsubscribea2c2.us > > View Archives at http:SaveCannabis.org > — > You received this message because you are subscribed to the Google Groups > “Save Cannabis” group. > For more options visit https:groups.google.comaa2c2.usgroupsoptout > . > > > — You received this message because you are part of the SaveCannabis group. To post to this group send email to savecannabisa2c2.us To Unsubscribe from this group send email to savecannabis unsubscribea2c2.us View Archives at http:SaveCannabis.org — You received this message because you are subscribed to the Google Groups “Save Cannabis” group. For more options visit https:groups.google.comaa2c2.usgroupsoptout.

Legalization 2014. We have $2.5mil! – The Jack Herer Cannabis & Hemp Revenue Act of 2014

From: allan – January 1, 1970

David It was great seeing you at the museum. I agree with David (shocker) that pretty much any nanogram value will fall very short of anything remotely reasonable. We will be soon testing THC CBD and endocannabinoid levels in blood and will get a lot of information including impairments at various levels in different people. For example what if THC levels are very elevated BUT CBD levels which will not be checked are also elevated Is the person impaired There are so many examples of why a serum level will be an abusive test but think about this one. As more and more combined CBD THC Terpene whole plant extracts are used by the general population there will be more and more patients walking and driving with THC levels way above 9 but due to the CBD will be 100 lucid. Most folks I know are totally lucid with a lot higher level and NO CBD. So in looking to the future of more and more dosed but still rich THC medicines begin taken with much longer 12 lives in part due to CBD the model of serum levels falls apart entirely – at least in my opinion. Allan Allan I Frankel MD allangreenbridgemed.com(phone#-removed) On Jun 19 2013 at 1:44 PM David Malmo-Levine wrote: > “What do you think about this: > > “(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 10000 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.”” > > I don’t understand why you’re happy with 18th the rights of the alcohol dealers. Why not adopt the same limits as beer and wine 1 retail outlet per 1250 in cities and 1 outlet per 2500 in smaller towns. If we’re serious about getting people back to work why create artificial barriers for them to do so If we’re serious about replacing more toxic and dangerous drugs like alcohol tobacco and caffeine why create barriers to prevent that from happening If we’re serious about “the free market” and “competition keeping prices low and quality high” – why create barriers for that How does limiting our rights to 18th of what the alcohol dealers have address these concerns > > This isn’t about settling for less than equality. This isn’t our “40 acres and a mule”. This is about demanding equality until we get equality. > > > > “I like where you are going with this but we need a nano gram number…” > > Why You don’t need one for prescription meds. You don’t need one for coffee. You’re writing this to please who The voter Why would the voter want to endorse a discriminatory rule that does not apply to other drugs Cannabis impairment more closely resembles caffeine or pill impairment than it does alcohol. The only people who want to see nanogram-based tests are those who wish to replace one discriminatory model with another. Impairment testing addresses the real concerns – nanogram testing only addresses the concerns over maintaining scapegoats. > > Just ask a lawyer about the wording for the current prohibition on other forms of impaired driving “caffeine prescription medicine lack of sleep old age emotional instability or illness” and use that wording instead for cannabis too. > > > > > > > > > > On Wed Jun 19 2013 at 11:47 AM Dave Hodges wrote: > David > > 1) When the PAC is formed everyone will be able to see the funders. Until the PAC is formed we have no money. All the funders get is legal cannabis and hemp in California. The PAC will be formed next month for tax purposes. > > 2) Great suggestion > > What do you think about this: “(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 10000 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.” > > 3) I like where you are going with this but we need a nano gram number… Maybe something like “any less then 5 nano-grams of THC shall not be considered as the presents of cannabis.” and then we need to tighten your language: > > “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 or saliva or hair sample. To insure fairness and prevent discrimination a person will be deemed to be impaired on cannabis in the same manner as is currently deemed to be impaired by caffeine prescription medicine lack of sleep old age emotional instability or illness – on-video impairment testing consisting of performing simple tasks such as walking a straight line counting backwards from 100 standing on one leg etc etc etc.” > > a) i think we should leave things like caffeine out > b) is there a BP Code that talks about the “on-video impairment testing” that we could reference > c) “etc” doesn’t work. If we can’t find a CA Law Code for it we need to spell it all out. > > … but I love where you’re going with it > > Best Regards > Dave Hodges > > > On Tue Jun 18 2013 at 9:11 PM David Malmo-Levine wrote: > 1) Who gave you the 2.5 million and what did they ask in return > > 2) “(e) No municipality may ban or prohibit collectives cooperatives or dispensaries that follow the Attorney General Guidelines; however they may limit the number of storefront dispensing collectives and cooperatives to no less than 2 per municipality with more than 10000 residents. Existing storefront dispensaries as of the effective date of this proposition are grandfathered and shall be deemed approved with respect to zoning.” > > The way I read that the government could reduce LA San Francisco or Oakland down to 2 dispensaries. I would say instead: > > “Local governments may only limit the number of retail cannabis outlets with the same limits imposed on retail wine and beer outlets – such as the one found in the Section 23817.5 B & P Code: > > On January 1 1998 Section 23817.5 was amended to permanently establish a moratorium on the issuance of off-sale beer and wine licenses (Type 20) in cities and counties where the ratio of Type 20 licenses exceeds one for each 2500 inhabitants. In the city and county of San Francisco the ratio has been established as one for each 1250 inhabitants. The San Francisco computation combines off-sale beer and wine license with off-sale general licenses for the purpose of establishing the ratio. > > 2005 Moratorium CountiesCities 2005 Moratorium Figures – Section 23817.5 B & P Code http:www.abc.ca.govpermitspermits.html > > > > > > 3) “Cannabis impairment occurs when a person’s mental or 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 and the person has an Active THC content of more than 25 nanograms per milliliter of blood. Cannabis impairment shall not be solely based on the nanogram blood limit.” > > This should instead read: > > “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 or saliva or hair sample. To insure fairness and prevent discrimination a person will be deemed to be impaired on cannabis in the same manner as is currently deemed to be impaired by caffeine prescription medicine lack of sleep old age emotional instability or illness – on-video impairment testing consisting of performing simple tasks such as walking a straight line counting backwards from 100 standing on one leg etc etc etc.” > > 4) I love the parental permission policy. Excellent. > > If you address concern 2 & 3 I will support it and endorse it at www.cannabisculture.com. > > > > On Tue Jun 18 2013 at 5:54 PM Glenn Macbeth wrote: > Far out It’s got my vote > > > On Tue Jun 18 2013 at 4:53 PM Dave Hodges wrote: > Hi All > > Here is a copy of the latest language for the 2014 Initiative now known as the Jack Herer Cannabis & Hemp Revenue Act of 2014. > > Good news is we currently have commitments of 2.5mil and our PAC will be filing next month > > The language is still open if anyone has any changes additions or suggestions you can view and edit the live document at: http:bit.lycamj2014 > > Please review the language below. If you have any issues now is the time to speak up. We can make 2014 happen if we all work together > > Best Regards > Dave Hodges > Founder > A2C2 – the All American Cannabis Club > SJCBC – the San Jose Cannabis Buyers Collective > SaveCannabis.org > > > Jack Herer Cannabis & Hemp Revenue Act of 2014 > (formerly known as Cannabis & Hemp Freedom Act of 2014 CHFA) > This Initiative may allow for the Freedom to use grow transport and sell Cannabis in California. Sales will be taxed with an exemption for medical use. > > This initiative measure is submitted to the People of the State of California in accordance with the provisions of Article II Section 8 of the Constitution. > > This initiative measure adds Chapter 6.7 entitled The Jack Herer Cannabis & Hemp Act to > Division 10 of the Health and Safety Code. > > PROPOSED LAW > > SECTION 1. Sections 11420.0 to 11420.710 are added to the Health and Safety Code to read: > 11420.0 Purposes: > (a) Restoration of Hemp production to the California economy; > (b) Restoration and Taxation of Adult Social Use of Cannabis with appropriate safeguards; > (c) Clarify California Medical Marijuana laws; > (d) Release non-violent marijuana inmates and expunge records > (e) Retain and strengthen existing laws against providing Cannabis to a minor; > (f) Retain and strengthen existing laws against impaired driving. > 11420.010 Definitions: > (a) This Act shall be known and cited as the Jack Herer Cannabis & Hemp Revenue 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 cannabis sativa 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 products which test at less than 0.3 THC. > (e) “Hemp” means both Industrial & Nutritional Hemp. > (f) 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. > 11420.020 Findings: The People of the State of California find that: > (a) Industrial Cannabis and Hemp 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. > 11420.030 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 seeds or pollen nor for land use related to any such activity. > 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 Adult Social Use of Cannabis Hemp shall go directly to the Counties where sales take place and shall directly benefit any school district within city borders of the municipality Emergency Medical Services Fire Services Police Services and Animal Services and shall be distributed equally to each group and administered through the County Treasurer. > 11420.100 Discrimination: > (a) The use of Cannabis or Hemp or a person’s involvement with the sale cultivation or production of Cannabis or Hemp in itself shall not be used in any way that could result in the denial of any employment benefit licence or certificate except where there is clear and convincing evidence that when performing a required task where temporary physical impairment due to cannabis use may endanger human life. Whether or not there is clear and convincing evidence the following positions shall be forbidden from using cannabis: school bus drivers commercial airline pilots and heavy equipment operators. > (b) Providers of electricity water or other public 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. > (f) 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. 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. > 11420.200 Limitations: > (a) Persons 21 years of age or older may cultivate no more than 13 mature flowering Cannabis plants outdoors; more than 13 mature flowering Cannabis plants shall be deemed a commercial operation and regulated under local zoning code. > (b) 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 or her parents or guardians or deliberately aids any criminal organizations or cartels primarily operating in a foreign jurisdiction. > (c) 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. > (d) Nothing in this Act shall protect anyone from California’s Arson Laws Penal Codes 451 & 452. > (e) Any Genetically Modified Cannabis or Hemp must be clearly labeled as with the text GMO clearly visible on the front of any packaging. > 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 they may limit the number of storefront dispensing collectives and cooperatives to no less than 2 per municipality with more than 10000 residents. 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 Sellers Permit application so that the records will not constitute a Fifth Amendment waiver of the privilege against self-incrimination. > (i) Banking INSERT BANKING LANGUAGE HERE > 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 impairment occurs when a person’s mental or 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 and the person has an Active THC content of more than 25 nanograms per milliliter of blood. Cannabis impairment shall not be solely based on the nanogram blood limit. > (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 of California resources to 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. > 11420.690 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. > 11420.700 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. > > > — > You received this message because you are part of the SaveCannabis group. > > To post to this group send email to > savecannabisa2c2.us > > To Unsubscribe from this group send email to > savecannabis unsubscribea2c2.us > > View Archives at http:SaveCannabis.org > — > You received this message because you are subscribed to the Google Groups “Save Cannabis” group. > For more options visit https:groups.google.comaa2c2.usgroupsoptout. > > > > > — > You received this message because you are part of the SaveCannabis group. > > To post to this group send email to > savecannabisa2c2.us > > To Unsubscribe from this group send email to > savecannabis unsubscribea2c2.us > > View Archives at http:SaveCannabis.org > — > You received this message because you are subscribed to the Google Groups “Save Cannabis” group. > For more options visit https:groups.google.comaa2c2.usgroupsoptout. > > > > > — > You received this message because you are part of the SaveCannabis group. > > To post to this group send email to > savecannabisa2c2.us > > To Unsubscribe from this group send email to > savecannabis unsubscribea2c2.us > > View Archives at http:SaveCannabis.org > — > You received this message because you are subscribed to the Google Groups “Save Cannabis” group. > For more options visit https:groups.google.comaa2c2.usgroupsoptout. > > > > > — > You received this message because you are part of the SaveCannabis group. > > To post to this group send email to > savecannabisa2c2.us > > To Unsubscribe from this group send email to > savecannabis unsubscribea2c2.us > > View Archives at http:SaveCannabis.org > — > You received this message because you are subscribed to the Google Groups “Save Cannabis” group. > For more options visit https:groups.google.comaa2c2.usgroupsoptout. > > > > > — > You received this message because you are part of the SaveCannabis group. > > To post to this group send email to > savecannabisa2c2.us > > To Unsubscribe from this group send email to > savecannabis unsubscribea2c2.us > > View Archives at http:SaveCannabis.org > — > You received this message because you are subscribed to the Google Groups “Save Cannabis” group. > For more options visit https:groups.google.comaa2c2.usgroupsoptout. > > — You received this message because you are part of the SaveCannabis group. To post to this group send email to savecannabisa2c2.us To Unsubscribe from this group send email to savecannabis unsubscribea2c2.us View Archives at http:SaveCannabis.org — You received this message because you are subscribed to the Google Groups “Save Cannabis” group. For more options visit https:groups.google.comaa2c2.usgroupsoptout.

Thank you for taking action

From: vbwilson – January 1, 1970

Hi I just signed a petition calling on Attorney General Eric Holder to stop rewarding police for making racially biased wasteful marijuana arrests. After being pulled over for “playing his music too loud” DeMarcus Sanders was arrested for having a single marijuana seed on the floor of his car. It cost him his job his driver’s license the start of a college degree a month in jail and thousands of dollars. DeMarcus is just one of millions of people whose lives were needlessly harmed by a wasteful numbers game that unfairly targets communities of color-despite the fact that blacks and whites use marijuana at comparable rates blacks are almost four times more likely to be arrested for marijuana possession. The federal government doles out millions of our tax dollars to fight the failed War on Drugs creating a powerful incentive for police to aggressively go after people like DeMarcus with small amounts of marijuana. That’s because when police are seeking out or receiving a piece of the drug war pie they report on arrest numbers including marijuana arrests. But quantity does not mean quality. These needless and racially biased arrests take focus away from keeping our communities safe: in 2010 police arrested more people for marijuana possession than for all violent crimes combined. Cutting off this strong financial incentive would have a huge impact on peoples’ lives save our tax dollars and mark a major shift away from the 40-year-old failed War on Drugs. Please sign the petition now. Thanks. — You received this message because you are part of the SaveCannabis group. To post to this group send email to savecannabisa2c2.us To Unsubscribe from this group send email to savecannabis unsubscribea2c2.us View Archives at http:SaveCannabis.org — You received this message because you are subscribed to the Google Groups “Save Cannabis” group. For more options visit https:groups.google.comaa2c2.usgroupsoptout.

SNWA Flyer

From: vbwilson – January 1, 1970

To everybody who might like to see our flyer and who might want to come join us