Bills, Current Events, Economics, Legal, Politics

The Regulate Marijuana Like Wine Act of 2012

Just had this email forwarded and wanted to share it. Will we see legal marijuana in 2012? I sure hope so.

Notice how this initiative will both reschedule cannabis, and have the state of California take on the federal government? Steve Kubby, one of the activists working on this initiative, was dead on when he states here that theRegulate Marijuana Like Wine Initiative is “easy to understand and lightyears beyond anything ever proposed before.”

Iowa’s work on rescheduling cannabis has always been about targeting the inaccurate Federal misclassification of marijuana as a Schedule I substance. Will California be the first state to exercise their rights and tell the Feds to recognize marijuana as medicine? Looks like this strategy, which Steve says “will be very effective in turning the tide in our favor,” is going to be talked about more these next couple of years.

In a future article, I’m going to break down the law, and explain why rescheduling marijuana in the CSA (Controlled Substances Act) is going to have to be led by the states. For now, here’s Steve Kubby’s email on updates to the 2012 legalization initiative out in California.

Reply to:

Dear Friends,

We’ve tightened up the text for our initiative. Although we still think the Harm Reduction Officer program is a great way to create federal immunity, feedback does not support including this section, so we have removed it. That brings RMLW2012 down to 1,456 words, below the 1,500 word limit we originally set for ourselves.

The new text to the RMLW2012 is simple, easy to understand and lightyears beyond anything ever proposed before. No other initiative has ever ordered a state to de-schedule cannabis or use the high offices of the state to demand federal rescheduling. These are new tactics that we believe will be very effective in turning the tide in our favor.

Our public campaign will also be unlike anything ever attempted before. That’s because a former judge and LAPD deputy police chief were involved in the crafting of the initiative and will be directly involved in presenting it to the voters. Our spokespersons will all be former drug warriors who have served on the front lines and know the truth about the war on cannabis.

Unlike any other initiative, we set clear limits on taxing and regulating cannabis. Those limits cannot be anymore strict than current taxes and regulations for wine. The Legislature still gets to write the rules, but we set the limits and that is unprecedented.

No other initiative orders state officials, police, workers and contractors to refuse to cooperate with the feds, but we do. We believe that without the cooperation of the state, federal enforcement will not be viable.

So far, all we’ve seen are initiatives allowing for one ounce to be legal. In contrast, our initiative creates a regulated industry, while exempting up to 25 plants or 12 pounds for personal use. The 12 pounds per adult per year corresponds with the amount of cannabis sent by the U.S. government to federal cannabis patients.

We also have suspended the artificial distinction between low THC hemp and high THC cannabis crops. In our view, it is the final product and THC content that determines if it is restricted just to adults. If a business wants to use fibers from a medical marijuana crop to make hemp shirts, then our initiative will allow that to happen without armies of crop inspectors or cumbersome regulations. Thus, farmers can grow one crop to provide for fuel, fiber, food and/or medicine.

Voters are familiar with wine and support treating cannabis like wine. No other cannabis initiative model has the 62% support that we have with the wine model. We can win with this approach. Join us and be a part of a real and historic change that we can all be proud of.

Let freedom grow,

Steve Kubby

The People of the State of California do enact as follows:

The Regulate Marijuana Like Wine Act of 2012

SECTION 1. Findings, Declarations, Purpose, Directives, and Orders

New Section 11362.95 is added to the Health and Safety Code:

11362.95. This section shall be known as and may be cited as the “Regulate Marijuana Like Wine Act of 2012,” known hereinafter as the “Act.”

(a) The People of the State of California hereby find and declare:

(1) Outlawing marijuana has not reduced its availability and has actually resulted in making it easier for minors to acquire.

(2) Marijuana is an untapped revenue source for the State of California, and that the best way to tap into that source for the benefit of all Californians is to tax and regulate it.

(3) The regulation of marijuana will benefit the People of the State of California by reducing criminal gang activity, promoting agriculture, creating jobs by creating a new hemp industry in the State of California, and reduce the fiscal and overpopulation burdens on the Department of Corrections and Rehabilitation.

(b) The purposes of this Act are as follows:

(1) To amend the California Health and Safety Code sections 11357, 11358, 11359, 11360, 11366, 11366.5, 11485, and Vehicle Code section 23222(b), such that persons 21 years of age or older shall no longer be prohibited from the use, possession, trade, gifting, sales, distribution, storage, transportation, production, or cultivation of marijuana.

(2) Marijuana, THC, and CBD explicitly and/or by inference, shall be removed from Health and Safety Code section 11054, except for those statutes pertaining to:

(A) Operating a motor vehicle;

(B) Using marijuana or being impaired in the workplace or public nonsmoking areas.

(C) Providing, transferring, or selling marijuana to a person under 21 years of age; and

(D) The use, possession, cultivation, processing, sales, distribution, transporting, or storing on premises of marijuana by persons under 21 years of age.

(3) The amendment of statutes that criminalize the use, possession, cultivation, processing, transportation, storage, distribution, gifting and/or selling of marijuana in any form, or method of ingestion by persons 21 years of age or older, to legalize all such for-profit or non-profit activity by those persons, groups, or by approved business entities, and does not subject these persons/entities to search, arrest, prosecution, seizure, asset forfeiture, and/or any criminal or civil penalty or sanction.

(4) That these enumerated activities are not punishable herein.

(5) That all pending court actions under said amended statutes that conflict with the provisions of this Act shall be dismissed with prejudice.

(c) The People of the State of California hereby declare that this Act expressly prohibits the following:

(1) The search, arrest, prosecution, seizure of marijuana, asset forfeiture, or imposition of any criminal or civil penalties or fines for persons 21 years of age or older or entities for acting within the provisions of this Act. Without limiting any other greater immunity or rights granted herein, these persons/entities are also granted the immunity specified in Health and Safety Code section 11367, subject to its provisions.

(2) Any and all commercial advertising of the sales, distribution, and use of marijuana, except for medical marijuana and products that contain less than one percent THC. This provision shall be enforced hereafter by penalties to be set forth by the Legislature.

(d) The People of the State of California hereby expressly declare that this Act does not repeal, modify, or change any present medical marijuana statutes as set forth in California Proposition 215 and its progeny.

(e) The People of the State of California hereby declare:

(1) This Act adopts the definitions of marijuana and THC as they are presently set forth in Health and Safety Code Sections 11018 and 11006.5, but those definitions shall be broadly interpreted to include the species Cannabis Indica, Ruderalis, and Americana, as well as any plant part, derivative, interspecies hybrids or cross-breeds, and all non-genetically-modified strains of the Cannabis genus and plant.

(2) Existing taxes and regulations for the establishment of the farming, industry, distribution, retail sales, and wholesale transactions of agricultural crops and products shall apply to marijuana, regardless of THC level, using the grape winery industry as a model, so long as the results support these declarations, purposes and goals.

(3) All marijuana or hemp products with a THC level below one percent shall be authorized for normal retail sales. All marijuana or hemp products with a THC level of one percent or above shall be restricted for normal retail sales to persons 21 years of age or older and regulated in a manner similar to wine, so long as the results support these declarations, purposes and goals.

(4) The State of California, and all branches of its government, shall liberally construe the meaning and implementation of this Act to favor and benefit individuals, and qualifying business entities regarding the following:

(A) No taxes, fees, laws, rules, regulations, or local city or county zoning requirements may be adopted or enacted to defeat, deny, or prohibit the purposes of this Act, or to defeat, deny, or prohibit persons 21 years of age or older, associations, organizations commercial, agricultural, or industrial businesses from engaging in the activities protected by this Act, and all civil rights apply as set forth in Civil Code Sections 52.1 et seq., 54, Food and Agricultural Code Sections 54033 through 54035, inclusive.

(B) As per the winery regulations of the alcohol industry model that allow for non-commercial home brewing, any person, association, or collective group not producing more than 25 flowering plants or 12 pounds of dried processed marijuana per adult, per year, shall be exempt from any winery regulations of the alcohol industry model, excises, fees, and taxes, except for income taxes and sales taxes, if they apply.

(C) No regulations, taxes, or fees shall be enacted or imposed for marijuana for qualifying persons and entities, which are more severe or restrictive than those for comparable and reasonable usage in the commercial wine grape farming and winery regulations of the alcohol industry model, including for farming, planting, cultivating, irrigating, harvesting, processing, brokering, storing, selling, distributing, and establishing of cooperatives or collective associations.

(5) Regardless of jurisdictional arguments, all state, local, elected, appointed, hired employees, officers, and officials shall refuse to and shall not cooperate with or assist federal, state, or local officials or employees who would eradicate marijuana, act for seizure or forfeiture, or defeat any liberally construed purpose of this Act, or to operate under any contract or arrangement to repeal or circumvent this Act directly or indirectly, or to follow or to abide by any federal laws or regulations that are in conflict with this Act. Further, no such person acting alone, or with any other person or legislative or executive body, may contract or agree to cooperate with or to assist federal officials, employees, agencies or departments to obtain any money, property, gain, or advantage by the arrest, prosecution, conviction, or deprivation or seizure of property of anyone acting within the age provisions of this Act.

(6) Within 30 days of passage of this Act, the offices of both the state Attorney General and the Department of Public Health shall inform the United States Department of Health and Human Services, the United States Attorney General, Congress, Drug Enforcement Agency, and Food and Drug Administration that in 1996 the state of California recognized the current medical use of marijuana in treatment in the United States, and since 1996 is a state-regulated medical practice. Physicians have evaluated thousands of patients who have used marijuana with no adverse consequences, and for that reason demands or petitions as is appropriate (see 21 CFR 1308.43, 21 USC 811-812) that marijuana and tetrahydrocannabinols as defined in §21 USC 802(16) be removed from Schedule I of the Controlled Substances Act, 21 USC 800 et. seq., where it is currently listed as a drug with no accepted medical use.

(7) The State of California is ordered to protect and defend all provisions of this Act from any and all challenges or litigation, whether from individuals, officials, cities, counties, the state or federal governments.

(f) This Act shall become effective immediately upon passage.

SECTION 2. Severability

If any of the provisions of this Act, or any part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 3. Conflicting Measures

If this Act is approved by the voters but superseded by law by any other conflicting ballot measure approved by the voters at the same election, and the conflicting measures are later held invalid, this Act shall be self-executing and given the full force of law.



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