From: Dave Hodges – December 7, 2012
Thank you for all your input and contributions.
There have been some major changes including protections for workers, a major reformatting, and the change of the age limit to 19.
Personally, I feel strongly an 18 year old should be able to smoke cannabis. After reading through the discussion on SaveCannabis and a couple heated debates, I asked myself “What would happen to an 18 year old if we changed it to 19?”.
Here is the current language that would effect the 18 year old:
*”The use, growth or sales of the cannabis plant, except for in the case of medical use, by persons under the age of 19 may be prohibited, but the punishment shall not exceed a civil infraction.” * … and
*”The protections provided by this section of the constitution shall not apply to any person or group that engages in interstate drug trafficking, sells or supplies to anyone under the age of 19 without parental consent, the harboring of illegal immigrants, or in the aid of any criminal organizations such as “the cartels”.” * So could a 18 year old smoke pot? and what would happen to him? IMO, it would be based on “parental consent”, and in the worst case they would get the equivalent to a parking ticket… As long as it doesn’t destroy their life, I’m ok with it. What do you think?
Best Regards, Dave Hodges
————– To add/contribute to the final version use this google document http://bit.ly/camj2014
*Cannabis & Hemp Freedom Act of 2014 *This Initiative will allow for the Freedom to use, grow, transport and sell cannabis or hemp in California. Sales will be taxed, with an exemption for medical use.
*PROPOSITION TEXT: *This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.
This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in *italic type* to indicate that they are new.
*SECTION 1. Title* This measure shall be known and may be cited as the “Cannabis & Hemp Freedom Act.”
*SECTION 2. Section 42 is added to Article I of the California Constitution, to read:* *No California resident or person located within the State of California shall be charged with any crime, felony or misdemeanor related to their use, growth, transportation, land use, or sales of the cannabis or hemp plant, seeds, or pollen. The sales, use, growth or manufacturing of cannabis or hemp in any form including concentrated, the separated resin, whether obtained in crude or purified form, shall not be prohibited. The taxation of cannabis or hemp for medical use shall be prohibited. The use, growth or sales of the cannabis plant, except for in the case of medical use, by persons under the age of 19 may be prohibited, but the punishment shall not exceed a civil infraction.
No California resident or person located in California shall be subject to discrimination of employment based on their usage of Cannabis or Hemp with the exception of school bus drivers, commercial airplane pilots, heavy equipment drivers, or any other profession for which human life may be endangered. The protections provided by this section of the constitution shall not apply to any person or group that engages in interstate drug trafficking, sells or supplies to anyone under the age of 19 without parental consent, the harboring of illegal immigrants, or in the aid of any criminal organizations such as “the cartels”.
There shall be no punishment or restriction made upon any public or private group, or government official who enacts, or implements any Statewide or local cannabis or hemp regulations. A cannabis or hemp “collective” shall be defined as any group of people who organize together based on a shared contract or “membership agreement” in order to collectively use, grow, transport or sell the cannabis or hemp plant.
Any California State employee, elected official, or contracted employee paid for with public resources that violates this section of the constitution shall be subject to an immediate termination of employment, as well as shall be held personally liable and denied all immunities. The use of any State of California resources to prohibit the use, growth, transportation or sale of the cannabis or hemp plant is expressly prohibited. The State of California, including the Department of Justice, is ordered to protect and defend all provisions of this Act from any and all challenges or litigation, whether by persons, officials, cities, counties, the state or federal governments. It is the intent of this section to assert the rights of the State of California to expressly prohibit the enforcement of Federal Cannabis and Hemp Prohibition within the State of California. Any law of the State of California that conflicts with this section shall be amended, revised or removed in order to comply with the intent of this section.*