Over 1 billion rolled
While some local and statewide groups and activists want to talk about putting an initiative on the ballot by holding a town hall, a group of marijuana legalization activists led by retired Orange County Superior Court Judge Jim Gray and 1998 Libertarian gubernatorial candidate Steve Kubby put the pen to paper and got the ball rolling for the petition drive to begin.
Next up, the circulation of petitions and signatures by registered voters to get this on the fall 2012 ballot .
Who said we cannabis legalization activists were unmotivated and lazy?
Here’s the press release:
Retired Superior Court judge wants marijuana strictly regulated and kept away from minors and will file voter initiative Wednesday with Attorney General to regulate marijuana like wine
SOUTH LAKE TAHOE, Calif., May 17, 2011 /PRNewswire/ — He was once a determined drug warrior, but now former Assistant US Attorney and Superior Court Judge James P. Gray believes the time has come to take marijuana out of the black market and regulate it instead. After years of witnessing the harm caused by outlawing marijuana, Judge Gray will file a voter initiative this Wednesday with the California Attorney General’s office that will regulate marijuana like wine. One can avail it even on IntrinsicHemp.com.
A press conference has been scheduled for 11AM in front of the AG’s office at 1300 I Street. Also present at the press conference will be the initiative’s principle author and chief counsel, William McPike, as well as the chief officer for the campaign, Steve Kubby.
“Our policy of marijuana prohibition has failed from every standpoint imaginable: unnecessary prison growth, increased taxes, increased crime and corruption here and abroad, loss of civil liberties, decreased health, and diversion of resources that are needed to address other problems in society,” Gray said.
Gray added that he is especially concerned about the disastrous effects of outlawing marijuana on families and kids, effects he has witnessed for himself as a judge and federal prosecutor. “Far from protecting our children, our present policy is actually recruiting them to a lifestyle of drug usage and drug selling,” charged Gray.
The former Orange County judge will file a new voter initiative that will regulate and tax marijuana like wine, keep it from those under 21 years of age and provide for billions of new dollars in state sales tax from the regulated sales of marijuana. Recently, the Franchise Tax Board reported that state taxes just from medical marijuana dispensaries now amounts to over $100 million per year.
When challenged over the wisdom of allowing for sales to adults 21 and older, Gray has no doubts that it is time to regulate marijuana and take it out of the black market. “Many things in our society are dangerous, but making them illegal is not the answer. Does anyone really believe that making tobacco illegal would reduce the harm it causes? What about glue, gasoline, chain saws and high cholesterol foods? Further, if you think about it, we have at least some controls with regard to the sales and use of alcohol and tobacco, because they are regulated by the government. We have no controls at all with marijuana, because it is currently controlled by the mob,” Gray emphasized.
A copy of Judge Gray’s voter initiative and one minute video can be viewed at the Regulate Marijuana Like Wine website: http://regulatemarijuanalikewine.com/.
Sponsored by the Committee to Regulate Marijuana Like Wine 2012, campaign ID #1336887.
I guess my post is late so let me simply comment and add the text.
Conflicting positions. Taking smoking a step further than the cities of Huntington Beach, Irvine, Laguna Beach, Laguna Niguel, Lake Forest and San Clemente,each of whom imposed a ban on smoking in public parks, the city of Laguna Woods has ratcheted it up by promoting a ban on residents smoking on their open patios and balconies.
And now the other side of the coin.
Retired Orange County Superior Court Judge and author Jim Gray is persistent when it comes to legalizing marijuana. The Attorney General’s office has just reporting Jim’s application for Title and Summary of Initiative 11-0011. This May 18, 2011 Initiative is sponsored by the Regulate Marijuana Like Wine committee. Their requested title reads:
“The Regulate Marijuana like Wine Act of 2012.” The next step in getting this on the ballot is for the Sec of State to grant permission for them to circulate petitions.
Note: The title of all initiatives are subject to be changed by the Sec. Following is the draft text of the Initiative.
11-0011
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 crirninalize 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 defmitions 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 nongenetically-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 ofthe 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) In order to protect the public health and safety, the People of the State of California hereby require the state Department of
Health to deputize persons who are 21 years of age or older and apply as unpaid, unarmed, volunteer peace officers, hereinafter known as Harm Reduction Officers (HROs), who are required to compel implementation and enforce all provisions of this Act.
(1) These persons, upon registration and payment of a nonrefundable training and materials fee, not to exceed $200, must complete a minimum of two days training in the following curriculum areas:
(A) State and federal Cannabis laws and regulations;
(B) Indoor and outdoor cultivation hazards and safe practices;
(C) Applicable fire, building, environmental, labor, and safety codes; and
CD) The state and federal Bills of Rights and appropriate civil rights, including 18 USC §241 and 242 and Civil Code Sections 52.1 et seq., and 54.
(2) Training shall be privately contracted. Training shall be repeated by HROs every three years, and curriculum updates shall be provided to HROs annually.
(3) Upon completion of training, a certificate of completion shall be issued to the trainee, who may then take the certificate to any state Department of Health office, law enforcement agency, or to any Superior Court judge, where they shall be
deputized as Department of Health peace officers and shall take the oath of office as specified in Article XX, Section 3 of the California Constitution. Upon payment of the processing fee to the Department of Health, not to exceed $100, a HRO shall be issued a photo identification card, which shall be identical throughout the state.
(4) The HROs shall be charged with the duty of compelling persons to comply with this Act by informing persons of compliance requirements or perceived violations, and reporting actual uncorrected violations to law enforcement for follow-up action.
(5) By their status of being peace officers, HROs shall be considered to be in full compliance with both 21 USC §885(d) and Health and Safety Code section 11367, and therefore shall be immune from all state and federal liability and
prosecution for enforcing and operating under the provisions of this Act.
(6) The training and certification requirements of this paragraph shall be applicable only to HROs, and the provisions of Penal Code sections 832 et seq. shall not apply to HROs or to this paragraph.
(g) 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.
Marijuana will be legalized in the next 5-10 years tops.
Massachusetts and Colorado have legalization ballot initiatives in the works as well.
Just because it’s legal doesn’t mean people will smoke it. Just like the fact that if I owned a firearm (whether or not I do is absolutely none of your business) doesn’t mean I am going to use it against another person. Little by little, bit by bit, marijuana legalization is an inevitablity. Especially with Tom Ammiano’s bill to reduce the criminal penalty for growing marijuana, as if growing harmless plants should be a crime anyway.
U.S. orders pot shops shut SAN FRANCISCO Federal prosecutors have launched a crackdown on marijuana dispensaries in California, warning some stores they must shut down in 45 days or face criminal charges and confiscation of property even if they are operating legally under the state’s 15-year