2018 Abrogate Michigan Language Draft

[Timmahh]

Language is on the way to the BoE to gain Format Approval so we can get them printed out and put this thing to rest in Michigan, except for the Fight with the Feds...

Who's in?

INITIATIVE PETITION AMENDMENT TO THE CONSTITUTION

This proposal would add a new Section 28 to Article 1 of the State Constitution to read as follows:
Section 28.

(1) The agricultural, personal, recreational, medicinal, religious, research, development, commercial, and industrial use of the cannabis plant is the right of the people and thereby lawful activity.

(2) All prohibitions on the use of the cannabis plant are hereby rendered null and void and henceforth abrogated in Michigan.

(3) Use of cannabis shall include, but not be limited to: The possession, consumption, growing, manufacture, delivery, treatment, purchase, sale, transfer, and or transport of any plant, seed, flower, leaf, mixture, derivative, extract, product, and or preparation of any part of any cannabis plant for all personal, recreational, religious, medicinal, research, development, educational, commercial and industrial purposes within the territory of Michigan. Use or any treatments for minors/wards requires the informed voluntary consent from only the parent/legal guardian.

(4) No fines, no penalties, no regulations to diminish or prohibit cannabis use will be levied or legislated upon we the people.
(a) The mere presence or level of any cannabinoids in the blood of anyone will not be used to show, imply, or prove impairment.
(b) A use tax may be levied upon only retail-recreational marihuana sales and will not exceed 5% in total. Any use tax levied will first be expended as follows and thereafter, will be amended as outlined in 4(c):
(i) 50% to the public elementary and secondary school systems in Michigan;
(ii) 25% to Michigan Department of Community Health for prescription/opioid/heroin addiction treatment, prevention, education, and suicide prevention, education, and awareness;
(iii) 25% to be split equally between the municipality the use tax was generated in and the state general fund to be applied to the cost of any associated programs with the remainder to be applied directly to reduce and eliminate any state debt.
(c) Starting with the passage of this amendment, the electorate will determine whether to reallocate, reduce, or eliminate any use tax levied as detailed in 4(b), which is to be determined by the appropriate legislative committee/s and presented at the following general election to be voted upon.

(5) This amendment shall allow for the case by case review for sentence modification, amnesty, or immediate release from prison, jail, parole, or probation, to set aside convictions, for clearing and deletion of all criminal records for all people currently charged with or convicted of nonviolent cannabis offenses in the State of Michigan. People who fall into this category that triggered an original sentence are included within this provision, which will apply posthumously.

Within 45-days the State Attorney General shall develop and distribute a one-page application providing for the destruction of all criminal records in Michigan for any such offenses changed, modified and or invalidated by this amendment. Such forms shall be distributed to all district attorneys and made available at all state courthouses, law enforcement departments, and electronically on the appropriate area of the official Michigan government website for any people hereby affected. Upon filing such form with any Michigan District Court and a payment not to exceed $20.00, the Court shall liberally construe these provisions to benefit the defendant in furtherance of the amnesty and dismissal provisions contained herein. Upon the Court’s ruling under the direction of this amendment, the arrest record will be set aside and will be destroyed. Such people may then truthfully declare that they have not been arrested or convicted of a crime as changed or modified by this amendment henceforward in Michigan.

(6) Severability: If any section, subsection or part of this amendment is for any reason held to be invalid or unconstitutional, the remaining sections, subsections or parts of those sections shall not be affected but will remain in full force and effect.

 

[michtossawayq]

tax? tim what happened? will review in a minute.

this language isn't abrogate at all. it allows for regulations and control

 

[michtossawayq]

The agricultural, personal, recreational, medicinal, religious, research, development, commercial, and industrial use of the cannabis plant is the right of the people and thereby lawful activity.

"or any other use"

2) All prohibitions on the use of the cannabis plant are hereby rendered null and void and henceforth abrogated in Michigan.

plant is not defined.

prohibition is not defined.

What about nulling and voiding regulations too?

"2) All prohibitions, regulations, and any other limits , except as provided in this amendment, on the use of the cannabis plant are hereby rendered null and void and henceforth abrogated in Michigan."

then later

"4) No fines, no penalties, no regulations to diminish or prohibit cannabis use will be levied or legislated upon we the people."

well then regulations to "control" cannabis are ok under this language. including more taxes. or more penalties for patients

see? you changed it from the old abrogate language to "diminish in any way" to the intent of the law can't bee for diminishing. Which means intent of new laws can be for controlling or safety.


edit; my suggested language was not good enoug. I don't have adequate time to write better language right now.

"
(b) A use tax may be levied upon only retail-recreational marihuana sales and will not exceed 5% in total. Any use tax levied will first be expended as follows and thereafter, "

this only limits "use" tax, not other kinds of tax.


They are going to say marijuana is schedule 1, no medical benefit, so it's all recreational. write this better


Your language is so contradictory, who did you get to review this? fire them. I'm just trying to help. forgot my password atm.

 

[Timmahh]

tax? tim what happened? will review in a minute.

this language isn't abrogate at all. it allows for regulations and control

It only allows a possible 5% Capped excise tax on Retail-Recreational Only Sales.
Which we the people will vote on, and have the ability to reduce or eliminate.
The only thing Lansing and the State can do is offer we the people an option to change where the tax may be used, and by how much to reduce it or to fully rid ourselves of it. The Parents are in authority of their children.

This is still full repeal. But we have to face some hard truths.
A petition campaign needs Supporters to collect upwards of 500,000 signatures giving a 65% capture rate, and it needs to appeal to a Wide Enough demographic of Voters to be able to garner 3 million signatures, if 6 million come out and vote, which is not out of the question.

Yes this is a lesser of evils issue.

Ending the arrests, ending the prosecutions, ending the CPS Kidnappings because a parent may choose to use cannabis for any reason, including treating their own children's illness' with it, letting people out of jail which will be likely challenged, and destruction of cannabis only arrest records hopefully have more value to us cannabis users, even those of us altruistic types have to see the value in all of that, over not supporting a Sin Tax.

Yes Taxation is Theft.
But Prohibition is Murder.

We can deal with getting rid of the Theft, but the damn Murder has GOT TO Come to an end.

Besides, the voters are the ones that have authority over where the use tax goes, to reduce it, and even eliminate it at a General Election, which is every 2 yrs.

I am against Taxes for sure. I am far more against Arrests, Kidnappings and Prosecutions.

Ang generally speaking, a Use tax wil appeal to a Far wider Range of Advocates, Activists, that will get the signatures and put it on the ballot, and Voters once it is on the ballot.

 

[Timmahh]

Besides, the first couple states that go full repeal, will have to defend Federal Challenge.

It will be Much Easier to fend off the Federal Challenge if the State has Financial Investments it wants to 'protect'.
A use Tax will help the State fight against more Federal Encroachment.

3D chess requires game.

 

[Timmahh]

Plant doesn't need to be defined, the cannabis plant means ALL Cannabis plants.

 

[Timmahh]

Prohibition does not need to be defined. It has its definition in the Mariam Websters Dictionary as well as Blacks Law Dictionary.


You can not buy tomatoes at Wwalmart, rope at home depot, or pants at Kmart that have not been somewhat regulated for the Retail Marketplace.

The only difference in this year's language is release from Prison with destruction of pot only arrest records,

And 5 % use tax may be applied to Retail-Recreational Only Pot sales in the entire state. Meaning it would remove any other Taxes on like Medical Marihuana as put in the MMFLA.

RMLA Is asking for 10 minimum and trying to use Vets to gain Votes...
I am using a simple 5% use tax with funding for opioid ODs, and suicides to gain support of a Winning number of signatories and Votes

 

[Timmahh]

They cant say that. They can not put words into a Constitution without the Vote of the People.

They can not change it, they can not over write it, they can not do anything that would diminish or prohibit use.


Ever read the Bill of RIghts? Constitution? The 1st 10 Amendments are one line sentences. maybe 2.
Nearly all Constitutional Language is simple and easy to read and understand.
The only time it gets More Wordy, is when Government is trying to take over.

They can not say all use is recreational, the science, and the TRUTH Have Standing they can not deny.

 

[pergamum362]

Much better than the other bullshit, imo. I would sign it and vote for it. I am voting a big fat NO if the other one makes it.

 

[TheMan13]

LANSING — The Board of State Canvassers gave approval Thursday to a new proposed ballot effort to amend the state constitution to fully legalize recreational use of marijuana without taxing the drug.

The proposal from Abrogate Prohibition Michigan of Midland would nullify all laws prohibiting or regulating the use of marijuana and impose no fines, taxes or penalties on its use.

"I call it the Second Amendment of cannabis," sponsor Timothy Locke told the Free Press, comparing it to the U.S. constitutional provision granting the right to bear arms.

The Legislature would still have the power to tax and regulate cannabis, but no such measures would be required as part of his constitutional amendment, he said.

The board voted 4-0 to approve only the form — but not the substance — of the petition, and not before one of the four board members questioned the organizers' intent.

Colleen Pero, a Republican appointee to the board, questioned a provision that would make the change retroactive.

"I don't understand what they're trying to do," Pero said. "I don't see how something can be retroactive of this magnitude."

Locke was not able to attend Thursday's meeting and nobody else from the committee was there to address Pero's question.
Locke told the Free Press the measure would be retroactive to about 1970, when he said cannabis was first criminalized at the state level. Anyone imprisoned only for state marijuana crimes would be subject to release and criminal records would be expunged, he said. The proposed amendment would have no effect on federal drug crimes, Locke said.

An earlier marijuana legalization proposal, the Coalition to Regulate Marijuana Like Alcohol, has already gathered more than 100,000 of the 252,523 signatures it needs to put the question on the November 2018 ballot, spokesman Josh Hovey told the Free Press in July.

That earlier proposal would initiate state legislation, but not change the state constitution. The new proposal, OK’d on Thursday, would require 315,654 signatures, as a constitutional amendment.
Hovey said Locke's proposal sounds irresponsible.

"We just can't imagine Michigan voters supporting this proposal," Hovey said in an e-mail. "The public expects responsible marijuana regulation that includes licensing, quality control and assurances that minors will not be able to access it."

Locke, a semi-retired laborer who has used marijuana to control back pain since 1980, said his plan would help Michigan's economy by generating business since cannabis can be used to make 50,000 different products.

He said his effort will be a grassroots one without paid signature collectors and he hopes to start collecting signatures in about one week.

Also, Thursday, the board approved a constitutional amendment petition organizers say isaimed at ending political gerrymandering in Michigan, and a legislative proposal, from a group called MI Time, which would require employers to provide paid sick leave to employees under certain conditions.

http://www.freep.com/story/news/local/michigan/detroit/2017/08/17/new-marijuana-legalization-petition-gets-green-light-board-canvassers/575718001/

 

[TheMan13]

@Timmahh

 

[buckaroo bonzai]

LANSING — The Board of State Canvassers gave approval Thursday to a new proposed ballot effort to amend the state constitution to fully legalize recreational use of marijuana without taxing the drug.

The proposal from Abrogate Prohibition Michigan of Midland would nullify all laws prohibiting or regulating the use of marijuana and impose no fines, taxes or penalties on its use.

"I call it the Second Amendment of cannabis," sponsor Timothy Locke told the Free Press, comparing it to the U.S. constitutional provision granting the right to bear arms.

The Legislature would still have the power to tax and regulate cannabis, but no such measures would be required as part of his constitutional amendment, he said.

The board voted 4-0 to approve only the form — but not the substance — of the petition, and not before one of the four board members questioned the organizers' intent.

Colleen Pero, a Republican appointee to the board, questioned a provision that would make the change retroactive.

"I don't understand what they're trying to do," Pero said. "I don't see how something can be retroactive of this magnitude."

Locke was not able to attend Thursday's meeting and nobody else from the committee was there to address Pero's question.
Locke told the Free Press the measure would be retroactive to about 1970, when he said cannabis was first criminalized at the state level. Anyone imprisoned only for state marijuana crimes would be subject to release and criminal records would be expunged, he said. The proposed amendment would have no effect on federal drug crimes, Locke said.

An earlier marijuana legalization proposal, the Coalition to Regulate Marijuana Like Alcohol, has already gathered more than 100,000 of the 252,523 signatures it needs to put the question on the November 2018 ballot, spokesman Josh Hovey told the Free Press in July.

That earlier proposal would initiate state legislation, but not change the state constitution. The new proposal, OK’d on Thursday, would require 315,654 signatures, as a constitutional amendment.
Hovey said Locke's proposal sounds irresponsible.

"We just can't imagine Michigan voters supporting this proposal," Hovey said in an e-mail. "The public expects responsible marijuana regulation that includes licensing, quality control and assurances that minors will not be able to access it."

Locke, a semi-retired laborer who has used marijuana to control back pain since 1980, said his plan would help Michigan's economy by generating business since cannabis can be used to make 50,000 different products.

He said his effort will be a grassroots one without paid signature collectors and he hopes to start collecting signatures in about one week.

Also, Thursday, the board approved a constitutional amendment petition organizers say isaimed at ending political gerrymandering in Michigan, and a legislative proposal, from a group called MI Time, which would require employers to provide paid sick leave to employees under certain conditions.

http://www.freep.com/story/news/local/michigan/detroit/2017/08/17/new-marijuana-legalization-petition-gets-green-light-board-canvassers/575718001/

this is the ONLY thing that could possibly save whats left of pts/cgs rights and the mmj law here in michigan ...
Wd be a big 'fk u' to all those that have the herded the pts into their box

-cd u imagine a constitutional ammendment that wd repeal mj prohibition ...

MI wd b the 1st state in the nation let alone the world that repealed pot laws

this is the real ""legalize for pts"" effort and the only 1 any w half a brain and for mj shd b behind

MI legalize is legal-lies [ruse]

good job timi hope the whole state gets behind this

it would be history making not some legal-lies con job for the lawyers

 

[pergamum362]

I support this. How can we help? Its going to be tough with all the opposition media or lack of without paid petitioners etc.

 

[Chip Green]

^^^^ This....
In my neck of the woods(literally), The U.P. , the population is small, but every drop in the bucket will be needed.
I moved away from my roots for a long time, but recently returned to my hometown to aid in the care of my aging parents, and to reclaim the slice of the simple life I had in my childhood. I've always fancied myself as the type to get involved in community action, has the time has come to take that action? I believe in solutions over excuses.

 

[Timmahh]

LANSING — The Board of State Canvassers gave approval Thursday to a new proposed ballot effort to amend the state constitution to fully legalize recreational use of marijuana without taxing the drug.

The proposal from Abrogate Prohibition Michigan of Midland would nullify all laws prohibiting or regulating the use of marijuana and impose no fines, taxes or penalties on its use.

"I call it the Second Amendment of cannabis," sponsor Timothy Locke told the Free Press, comparing it to the U.S. constitutional provision granting the right to bear arms.

The Legislature would still have the power to tax and regulate cannabis, but no such measures would be required as part of his constitutional amendment, he said.

The board voted 4-0 to approve only the form — but not the substance — of the petition, and not before one of the four board members questioned the organizers' intent.

Colleen Pero, a Republican appointee to the board, questioned a provision that would make the change retroactive.

"I don't understand what they're trying to do," Pero said. "I don't see how something can be retroactive of this magnitude."

Locke was not able to attend Thursday's meeting and nobody else from the committee was there to address Pero's question.
Locke told the Free Press the measure would be retroactive to about 1970, when he said cannabis was first criminalized at the state level. Anyone imprisoned only for state marijuana crimes would be subject to release and criminal records would be expunged, he said. The proposed amendment would have no effect on federal drug crimes, Locke said.

An earlier marijuana legalization proposal, the Coalition to Regulate Marijuana Like Alcohol, has already gathered more than 100,000 of the 252,523 signatures it needs to put the question on the November 2018 ballot, spokesman Josh Hovey told the Free Press in July.

That earlier proposal would initiate state legislation, but not change the state constitution. The new proposal, OK’d on Thursday, would require 315,654 signatures, as a constitutional amendment.
Hovey said Locke's proposal sounds irresponsible.

"We just can't imagine Michigan voters supporting this proposal," Hovey said in an e-mail. "The public expects responsible marijuana regulation that includes licensing, quality control and assurances that minors will not be able to access it."

Locke, a semi-retired laborer who has used marijuana to control back pain since 1980, said his plan would help Michigan's economy by generating business since cannabis can be used to make 50,000 different products.

He said his effort will be a grassroots one without paid signature collectors and he hopes to start collecting signatures in about one week.

Also, Thursday, the board approved a constitutional amendment petition organizers say is aimed at ending political gerrymandering in Michigan, and a legislative proposal, from a group called MI Time, which would require employers to provide paid sick leave to employees under certain conditions.

http://www.freep.com/story/news/local/michigan/detroit/2017/08/17/new-marijuana-legalization-petition-gets-green-light-board-canvassers/575718001/

.

Here is the Langauge. It is Different that what is at the top of this page.
Abrogate makes ALL Use of Cannabis LAWFUL with NO FInes, No Penalties, No limits, No Jail, No Arrest, No Bail, No Attorney, No Prison, No Parole, No MIsdemeanor, No Felony so long as you make NO ACTUAL Victim.

Parents get the Authority of their minor children, and the "Retroactive" part would put go back all the way to 1936.

I call it the 2nd Amendment of Cannabis Legalization.

Are Guns Taxes?
Are Guns Regulated
Can Children Buy Guns?

That is how Cannabis will be treated, by product type.
The STATE just does not get "SIN TAXES" pot stuffs.
But the state will get sales tax, Business Tax, Capital Gains Tax, Product tax for the operations of these new businesses, Business Fees & Licence cost.

In 5 year the State will be bringing in Billions if not 10's of billions.

We will have to fight the Feral Federal Government though.
This is the REAL Babystep.

MPP and MiLegalize Coalititon to Screw Michgan, err to Regulate Marihuana Like Alcohol will just further confuse the alreadymassively confused LEO, ATTORNEYS, and Judges.
Cops don't make the law, they let the JUDGE figure it out.

So riddle me this. How are LEO going to know WHICH Law to arrest you under?
Do you think they are just going to give you a citation and let you go?
Or are they going to let the "JUDGE" figure it out and take that 500.00 spliff for your arrest
(FYI, a spliff is a term used for compensation for employees or agents who get "Added On Sales" at their job.)

Gee, let me ponder the

Here is the Abrogate Langauge the State Board of Canvassers just approved for Circulation.

INITIATIVE PETITION
AMENDMENT TO THE CONSTITUTION
This proposal would add a new section 28 to Article 1 of the State Constitution to read as follows:
Section 28
(1) The agricultural, personal, recreational, medicinal, commercial, industrial and other uses of Cannabis in any form by any person shall be lawful activity.
(2) All prohibitions on the use of cannabis in any form by any persons are hereby null and void.
(3) Use of Cannabis shall include, but not be limited to:
The possession, consumption, growing, manufacture, delivery, treatment, purchase, sale, transfer, and or transport of any plant, seed, flower, leaf, mixture, derivative, extract, product and or preparation of any part of any cannabis plant for all personal, recreational, religious, medicinal, research, development, educational, commercial and industrial purposes within the state of Michigan.
(4) No excise tax, no fines, no fees, no regulation to diminish the use of Cannabis shall be levied or allowed.
(5) This amendment shall be retroactive.
(6) No agency of the state shall receive monies from the federal government or any other entity to be used in the promotion of continued prohibitions of Cannabis.
(7) Severability: If any section, subsection or part of this amendment is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, or parts of those sections shall not be affected, but will remain in full force and effect.

 

[pergamum362]

.

Here is the Langauge. It is Different that what is at the top of this page.
Abrogate makes ALL Use of Cannabis LAWFUL with NO FInes, No Penalties, No limits, No Jail, No Arrest, No Bail, No Attorney, No Prison, No Parrole, No MIsdemeanor, No Felony so long as you make NO ACTUAL Vicitm.

Parents get the Authority of their minor children, and the "Retroactive" part would put go back all the way to 1936.

I call it the 2nd Amendment of Cannabis Legalization.

Are Guns Taxes?
Are Guns Regulated
Can Children Buy Guns?

That is how Cannabis will be treated, by product type.
The STATE just does not get "SIN TAXES" pot stuffs.

That language is simple enough. I dont see how ANY pro cannabis individual could not support it. Its the state and big business, especially those who have already invested millions that will be the worry.
I encountered a lady at the sos office yesterday, gathering signatures for i think milegalize bill, and legislation to make congress part time. I passed on both..she got MAD.

 

[Timmahh]

We will be Dropping the PDF for People to download and Print the Petitions.

We need funding to print and distribute 50,000 peititons as well
Meetings around the state, Fundraisers, travel expenses, campaign expenses etc.
So if you can Donate we could use it.
I have some shirts for sale, and when they are sold, I will be ordering more with the logo in my profile.

We mostly need Volunteer to help Petition for Signatures and be County and Regional Organizers to help in all across the state.

As a CA, we need to turn in 500,000 signatures and they need to be gathered in the 180 days. So we need all hands on deck.
500 Hard Core Petitioners means 1000 signatures in the 180 days. that is 5.5 signatures per day for 180 days.

If we have just 1000 hardcore dedicated Petitioners that are pushing the Abrogate Amendment, That is only 50 signatures each in the 180 days.

There are 250,000 Pts and CGs. If they and 2 others each signed, that is 750,000 signatures.

Together, putting our other differences aside, we can do this.
Otherwise, we will all suffer under Regulating Pot Like Booze.

Last time I checked, Booze was Legal, right up until you were under arrest and calling an ATTORNEY for BAIL.

Abrogate Michigan
Right for Michiganders
Right for Michigan.


If you do fakebook www.facebook.com/groups/dm2016bmlcmc

Fakebook Community page for followers
www.facebook.com/abrogatetoday

And at our Abrogate Brigade Online web forum at www.michican.us

The www.abrogate.org url will work but is not currently active, so use the Michican.us url.

Can We Repeal Prohibition in Michigan?
Why Yes We Cannabis!

 

[Timmahh]

That language is simple enough. I dont see how ANY pro cannabis individual could not support it. Its the state and big business, especially those who have already invested millions that will be the worry.
I encountered a lady at the sos office yesterday, gathering signatures for i think milegalize bill, and legislation to make congress part time. I passed on both..she got MAD.

Interesting the MPP/MiLegalize Sellouts are saying You All WANT MORE LEO in your POT Gardens.

 

[pergamum362]

That is certainly not what i want. She may have been a little peed off, when i started talking to the other ppl she had standing around, explaining what the bill would actually do.

 

[pergamum362]

I can see about getting petitions up at the local hydro shops around here. I know at least two, that im good friends with, wouldnt have an issue with it.