Let's Write Our Own Legalization Initiative

[desert dude]

Let's collaborate and write a proposition for the 2012 CA ballot that is acceptable to all, or at least most of us.

We could use prop 19 as a template, and rework the wording to remove the objectionable parts.

 

[desert dude]

OK, I modified P19 up to Section 3-11300, where I stopped for now. My suggested changes are in bold red.

[FONT=&quot]This Act, adopted by the People of the State of California, makes the following Finding and Statement of Intent and Purpose: [/FONT]
[FONT=&quot]A. Findings [/FONT]

1. [FONT=&quot]California's laws criminalizing cannabis (marijuana) have failed and need to be reformed. Despite spending decades arresting millions of non-violent cannabis consumers, we have failed to control cannabis or reduce its availability. [/FONT]
2. [FONT=&quot]According to surveys, roughly 100 million Americans (around 1/3 of the country's population) acknowledge that they have used cannabis, 15 million of those Americans having consumed cannabis in the last month. Cannabis consumption is simply a fact of life for a large percentage of Americans. [/FONT]
3. [FONT=&quot]Despite having some of the strictest cannabis laws in the world, the United States has the largest number of cannabis consumers. The percentage of our citizens who consume cannabis is double that of the percentage of people who consume cannabis in the Netherlands, a country where the selling and adult possession of cannabis is allowed. [/FONT]
4. [FONT=&quot]According to The National Research Council's recent study of the 11 U.S. states where cannabis is currently decriminalized, there is little apparent relationship between severity of sanctions and the rate of consumption. [/FONT]
5. [FONT=&quot]Cannabis has fewer harmful effects than either alcohol or tobacco, which are both legal for adult consumption. Cannabis is not physically addictive, does not have long term toxic effects on the body, and does not cause its consumers to become violent. [/FONT]
6. [FONT=&quot]There is an estimated $15 billion in illegal cannabis transactions in California each year. Taxing and regulating cannabis, like we do with alcohol and cigarettes, will generate billions of dollars in annual revenues for California to fund what matters most to Californians: jobs, health care, schools and libraries, roads, and more. [/FONT]
7. [FONT=&quot]California wastes millions of dollars a year targeting, arresting, trying, convicting, and imprisoning non-violent citizens for cannabis related offenses. This money would be better used to combat violent crimes and gangs. [/FONT]
8. [FONT=&quot]The illegality of cannabis enables for the continuation of an out-of-control criminal market, which in turn spawns other illegal and often violent activities. Establishing legal, regulated sales outlets would put dangerous street dealers out of business. [/FONT]

[FONT=&quot]B. Purposes [/FONT]

1. [FONT=&quot]Reform California's cannabis laws in a way that will benefit our state. [/FONT]
2. [FONT=&quot]Regulate cannabis like we do alcohol: Allow adults to possess and consumes all amounts of cannabis. [/FONT]
3. [FONT=&quot]Implement a legal regulatory framework to give California more control over the cultivation, processing, transportation, distribution, and sales of cannabis. [/FONT]
4. [FONT=&quot]Implement a legal regulatory framework to better police and prevent access to and consumption of cannabis by minors in California. [/FONT]
5. [FONT=&quot]Put dangerous, underground street dealers out of business so their influence in our communities will fade. [/FONT]
6. [FONT=&quot]Ensure that a consistent, statewide regulation and taxation framework is devised and implemented by the California state legislature.[/FONT]
7. [FONT=&quot]Ensure that local jurisdictions may decide for themselves whether to allow the lawful buying and selling of Cannabis within their own jurisdictions,[/FONT][FONT=&quot] but that the citizens of those local jurisdictions still have the right to possess and consume lawful amounts as allowed in this proposition.[/FONT]
8. [FONT=&quot]Ensure that the state retains 20% of the taxes collected from the buying and selling of Cannabis to be used to administer this proposition. The remainder of the taxes collected (80%) shall be distributed to local jurisdictions. The actual amount paid to local jurisdictions shall be determined based on a pro rate share of their population as determined in the federal census.[/FONT]
9. [FONT=&quot]Ensure that local jurisdictions that allow lawful buying and selling of Cannabis receive at least an 80% share of the taxes collected from the buying and selling of Cannabis. The share of taxes received by local jurisdictions that allow buying and selling Cannabis shall be increased by the amount of revenue declined by local jurisdictions that decide not to allow the lawful buying and selling of Cannabis.[/FONT]
10. [FONT=&quot]Ensure that those local jurisdictions that decide not to allow lawful buying and selling of Cannabis receive 10% of the taxes collected from the buying and selling of Cannabis.[/FONT]
11. [FONT=&quot]Tax and regulate cannabis to generate billions of dollars for our state and local governments to fund what matters most: jobs, healthcare, schools and libraries, parks, roads, transportation, and more. [/FONT]
12. [FONT=&quot]Stop arresting thousands of non-violent cannabis consumers, freeing up Police resources and saving millions of dollars each year, which could be used for apprehending truly dangerous criminals and keeping them locked up, and for other essential state needs that lack funding. [/FONT]
13. [FONT=&quot]Allow the Legislature to adopt a statewide regulatory system for a commercial cannabis industry. [/FONT]
14. [FONT=&quot]Make cannabis available for scientific, medical, industrial, and research purposes. [/FONT]
15. [FONT=&quot]Permit California to fulfill the state's obligations under the United States Constitution to enact laws concerning health, morals, public welfare and safety within the State. [/FONT]
16. [FONT=&quot]Permit the cultivation of small amounts of cannabis for personal consumption. [/FONT]
17. [FONT=&quot]Ensure that all existing medical Cannabis laws previously adopted under proposition 215 are wholly exempt from this proposition. This proposition is not intended to modify proposition 215, nor any of the legislation that implemented proposition 215, in any way. Specifically, Health and Safety Sections 11362.5 and 11362.7 through 11362.9 are exempted from this proposition.[/FONT]

[FONT=&quot]C. Intent [/FONT]

1. [FONT=&quot]This Act is intended to limit the application and enforcement of state and local laws relating to possession, transportation, cultivation, consumption and sale of cannabis, including but not limited to the following, whether now existing or adopted in Health and Safety Code sections 11014.5 and 11364.5 [relating to drug paraphernalia]; 11054 [relating to cannabis or tetrahydrocannabinols]; 11357 [relating to possession]; 11358 [relating to cultivation]; 11359 [possession for sale]; 11360 [relating to transportation and sales]; 11366 [relating to maintenance of places]; 11366.5 relating to use of property]; 11370 [relating to punishment]; 11470 [relating to forfeiture; 11479 [relating to seizure and destruction]; 11703 [relating to definitions regarding illegal substances l; 11705 [actions for use of illegal controlled substance l; Vehicle Code sections 23222 and 40000.15 [relating to possession]. [/FONT]
2. [FONT=&quot]This Act is not intended to affect the application or enforcement of the following state laws relating to public health and safety or protection of children and others: Health and Safety Code sections 11357 [relating to possession on school grounds]; 11361 [relating to minors as amended herein]; 11379.6 [relating to chemical production]; 11532 relating to loitering to commit a crime or acts not authorized by law]; Vehicle Code section 23152 [relating to driving while under the influence]; Penal Code section 272 [relating contributing to the delinquency of a minor]; nor any law prohibiting use of controlled substances in the workplace or by specific persons whose jobs involve public safety. This proposition is not intended to modify proposition 215, nor any of the legislation that implemented proposition 215, in any way. Specifically, Health and Safety Sections 11362.5 and 11362.7 through 11362.9 are exempted from this proposition.[/FONT]

[FONT=&quot]Section 3: Lawful Activities [/FONT]
[FONT=&quot]Article 5 of Chapter 5 of Division 10 of the Health and Safety Code, commencing with section 11300 is added to read: [/FONT]
[FONT=&quot]Section 11300: Personal Regulation and Controls [/FONT]

1. [FONT=&quot]Notwithstanding any other provision of law, it is lawful and shall not be a public offense under California law for any person 21 years of age or older to: [/FONT]
   1. 1. [FONT=&quot]Personally possess, process, share, or transport not more than one ounce of cannabis, solely for that individual's personal consumption, and not for sale. [/FONT]
      2. [FONT=&quot]Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of the private property owner or lawful occupant, cannabis plants for personal consumption only, in an area of not more than one hundred square feet per occupant of the private residence or, in the absence of any residence, the parcel. Cultivation on leased or rented property may be subject to approval from the owner of the property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of cannabis on any public lands. [/FONT]
   2. 1. [FONT=&quot]Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption. [/FONT]
   3. 1. [FONT=&quot]Possess objects, items, tools, equipment, products and materials associated with activities permitted under this subsection. [/FONT]
   4. [FONT=&quot]"Personal consumption" shall include but is not limited to possession and consumption in any form, of cannabis in a residence or other non-public place, and shall include licensed premises open to the public authorized to permit on-premises consumption of cannabis by a local government pursuant to section 11301. [/FONT]
   5. [FONT=&quot]"Personal consumption" shall not include, and nothing in this Act shall permit cannabis: [/FONT]
   6. 1. [FONT=&quot]possession for sale regardless of amount, except by a person who is licensed or permitted to do so under the terms of an ordinance adopted pursuant to section 11301; [/FONT]
      2. [FONT=&quot]consumption in public or in a public place; [/FONT]
      3. [FONT=&quot]consumption by the operator of any vehicle, boat or aircraft while it is being operated, or that impairs the operator; [/FONT]
      4. [FONT=&quot]smoking cannabis in any space while minors, other than immediate family members, are present. [/FONT]

 

[Dan Kone]

Let's start with the biggest mistakes of prop 19.

1) Clearly exempting medical use in no uncertain terms. It needs to be stated this measure concerns the legalization of the recreational use of cannabis and does not apply or effect to medical cannabis law.

2) The open ended taxation of cannabis use. That opens Pandora's box. It allows for laws that tax personal gardens as well as taxes that prohibit sales/cultivation all together similar to the tax stamp act of 37.

In my opinion the taxation of cannabis should be a predetermined set rate so that tax provides a benefit to non-smokers but doesn't screw us over. I also think that tax should go to a specific purpose that is respected in local communities and should only go to communities who allow sales/cultivation. This way people see a real benefit for supporting legalization in their community. 10-15% tax going strait to the local school district or police department could gain us the support of the communities and the unions behind those organizations.

3) stop prohibitive permit costs which exclude everyone but major corporations. Have a set permit cost at $2500-$5000 dollars per year. We need a system where small/medium sized businesses can thrive instead of $200k permits that exclude everyone except the already rich.

Those were the 3 major problems with prop 19 in my opinion. With those changes I think it would have passed.

 

[Dan Kone]

changing it to 100 sq ft was a good call too. That was a biggie.

 

[kushlungs]

need at least $1 million, on the very low end, to get somthing like this done on the state level.

not all states can have voter changed laws so you will have to have a "lawmaker" put the bill threw!

Michigan tried back in 2000-2001 and a few years earlier. belive it was the PRA act

as a city (in some states) you can make amendments to city charters. try small and get the people use to marijuana, pass a LLEP (lowest law enfordment priority). Detroit was set and spose to be voting on decriminalization but the courts threw it out with little to no time to fight back so they waited and will be fighting later, should be on the ballot and in the news soon.

we need more people to start grassroot initiatives like this.

2012 is going to be a HUGE year. cali is going again along with 3-4 other states claiming to allready be working on writing them up for then, michigan is talking about it but nothing for sure right now.

get out and get active, join norml.

 

[gupp]

also, Beardo voted no because hew disagreed with the punsihments for those under 21 but over 18. Also the punishments for selling were still a bit high- if i remember, they didn't make much sense.

 

[Dan Kone]

also, Beardo voted no because hew disagreed with the punsihments for those under 21 but over 18. Also the punishments for selling were still a bit high- if i remember, they didn't make much sense.

As long as there is a punishment, I don't think it really matters what the punishment is. A token punishment is necessary so retards aren't saying "omg it allows sales to kids!".

 

[gupp]

Those people seem like they'd vote "no" no matter what.

 

[Dan Kone]

Those people seem like they'd vote "no" no matter what.

Yeah they do. But we can't give them ammo to scare others with.

 

[tardis]

Here is mine, treat it exactly the same as beer.

 

[desert dude]

changing it to 100 sq ft was a good call too. That was a biggie.

1. I would prefer a simple plant limit to a square footage limitation, for example, "6 mature flowering plants and 30 immature plants for each occupant of a residence or parcel". This would make enforcement much simpler; cops can count to six.

2. On the taxation thing, it ought to be at the state level and it needs to be at a rate that allows the state make a little money but not so high that it encourages and maintains a black market. This will be a balancing act, but something like $10 per ounce ought to work. If last year's MJ sales in CA was $15B, and if MJ sold for $4000 per pound, then a $10 per ounce tax would generate ~$500M in taxes for the state.

3. Allowing local jurisdictions to decide to disallow MJ sales would give the local politicians some control. If locals decide not to allow sales then they get 10% of the revenue instead of 80%; what they don't get is divided equally, according to population, amongst counties that do allow sales. Maybe localities that don't allow sales should get none of the revenue?

I rewrote items 6 and 7 to reflect these taxation changes:

1. [FONT=&quot]Ensure that a consistent, statewide regulation and taxation framework for the commercial sale of Cannabis is devised and implemented by the California state legislature. All taxation shall be at the state level and shall be applied equally to all commercial sellers, with no taxation at the local level.[/FONT]
2. [FONT=&quot]Ensure that cultivation of Cannabis for personal use, and not for resale, is untaxed. Personal gardens shall be exempt from taxation by the state and local governments.[/FONT]

 

[mr2shim]

Same provisions, limitations and taxation as alcohol and I think it would pass with flying colors.

 

[desert dude]

Here is what I have so far. I think this addresses the issues raised here on RIU over P19. All additions are in bold red:


[FONT=&quot]This Act, adopted by the People of the State of California, makes the following Finding and Statement of Intent and Purpose: [/FONT]
[FONT=&quot]A. Findings [/FONT]

1. [FONT=&quot]California's laws criminalizing cannabis (marijuana) have failed and need to be reformed. Despite spending decades arresting millions of non-violent cannabis consumers, we have failed to control cannabis or reduce its availability. [/FONT]
2. [FONT=&quot]According to surveys, roughly 100 million Americans (around 1/3 of the country's population) acknowledge that they have used cannabis, 15 million of those Americans having consumed cannabis in the last month. Cannabis consumption is simply a fact of life for a large percentage of Americans. [/FONT]
3. [FONT=&quot]Despite having some of the strictest cannabis laws in the world, the United States has the largest number of cannabis consumers. The percentage of our citizens who consume cannabis is double that of the percentage of people who consume cannabis in the Netherlands, a country where the selling and adult possession of cannabis is allowed. [/FONT]
4. [FONT=&quot]According to The National Research Council's recent study of the 11 U.S. states where cannabis is currently decriminalized, there is little apparent relationship between severity of sanctions and the rate of consumption. [/FONT]
5. [FONT=&quot]Cannabis has fewer harmful effects than either alcohol or tobacco, which are both legal for adult consumption. Cannabis is not physically addictive, does not have long term toxic effects on the body, and does not cause its consumers to become violent. [/FONT]
6. [FONT=&quot]There is an estimated $15 billion in illegal cannabis transactions in California each year. Taxing and regulating cannabis, like we do with alcohol and cigarettes, will generate billions of dollars in annual revenues for California to fund what matters most to Californians: jobs, health care, schools and libraries, roads, and more. [/FONT]
7. [FONT=&quot]California wastes millions of dollars a year targeting, arresting, trying, convicting, and imprisoning non-violent citizens for cannabis related offenses. This money would be better used to combat violent crimes and gangs. [/FONT]
8. [FONT=&quot]The illegality of cannabis enables for the continuation of an out-of-control criminal market, which in turn spawns other illegal and often violent activities. Establishing legal, regulated sales outlets would put dangerous street dealers out of business. [/FONT]

[FONT=&quot]B. Purposes [/FONT]

1. [FONT=&quot]Reform California's cannabis laws in a way that will benefit our state. [/FONT]
2. [FONT=&quot]Regulate cannabis like we do alcohol: Allow adults to possess and consumes all amounts of cannabis. [/FONT]
3. [FONT=&quot]Implement a legal regulatory framework to give California more control over the cultivation, processing, transportation, distribution, and sales of cannabis. [/FONT]
4. [FONT=&quot]Implement a legal regulatory framework to better police and prevent access to and consumption of cannabis by minors in California. [/FONT]
5. [FONT=&quot]Put dangerous, underground street dealers out of business so their influence in our communities will fade. [/FONT]
6. [FONT=&quot]Ensure that commercial cultivation of Cannabis shall not be taxed in any way, and that commercial cultivation shall only be regulated in a way that is consistent with the regulations placed on cultivation of other cash crops grown in California. All taxes collected by the state on commercial sales of Cannabis shall be collected only on retail sales of Cannabis.[/FONT]
7. [FONT=&quot]Ensure that a consistent, statewide regulation and taxation framework for the commercial sale of Cannabis is devised and implemented by the California state legislature. All taxation shall be at the state level and shall be applied equally to all commercial sellers, with no taxation at the local level.[/FONT]
8. [FONT=&quot]Ensure that cultivation of Cannabis for personal use, and not for resale, is untaxed. Personal gardens shall be exempt from taxation by the state and local governments.[/FONT]
9. [FONT=&quot]Ensure that local jurisdictions may decide for themselves whether to allow the lawful buying and selling of Cannabis within their own jurisdictions, but that the citizens of those local jurisdictions still have the right to possess and consume lawful amounts as allowed in this proposition.[/FONT]
10. [FONT=&quot]Ensure that any business that is licensed to sell packaged alcohol beverages has their license amended to sell Cannabis, except that local jurisdictions may decide to prohibit the sale of Cannabis in their own jurisdictions.[/FONT]
11. [FONT=&quot]Ensure that local jurisdictions that do decide to allow the lawful buying and selling of Cannabis do so in a way that is impartial and does not discriminate against small retailers by the imposition of excessive fees. [/FONT]
12. [FONT=&quot]Ensure that no person, corporation, or entity gains market dominance in the cultivation, sales, or distribution of Cannabis, except through their own business acumen. No jurisdiction may show favor of any kind to one applicant over another.[/FONT]
13. [FONT=&quot]Ensure that the state retains not more than 20% of the taxes collected from the buying and selling of Cannabis, with such funds to be used to administer this proposition, and subsequent implanting legislation at the state level. [/FONT]
14. [FONT=&quot]Ensure that 80% of the taxes collected shall be distributed to local jurisdictions to be used as they see fit. The actual amount paid to local jurisdictions shall be determined based on a pro rated share of their population as determined in the federal census. The share of taxes received by local jurisdictions that allow buying and selling Cannabis shall be increased by the amount of revenue foregone by local jurisdictions that decide not to allow the lawful buying and selling of Cannabis.[/FONT]
15. [FONT=&quot]Ensure that those local jurisdictions that decide not to allow lawful buying and selling of Cannabis receive no more than 10% of the taxes collected from the buying and selling of Cannabis in the state.[/FONT]
16. [FONT=&quot]Tax and regulate cannabis to generate billions of dollars for our state and local governments to fund what matters most: jobs, healthcare, schools and libraries, parks, roads, transportation, and more. [/FONT]
17. [FONT=&quot]Stop arresting thousands of non-violent cannabis consumers, freeing up Police resources and saving millions of dollars each year, which could be used for apprehending truly dangerous criminals and keeping them locked up, and for other essential state needs that lack funding. [/FONT]
18. [FONT=&quot]Allow the Legislature to adopt a statewide regulatory system for a commercial cannabis industry. [/FONT]
19. [FONT=&quot]Make cannabis available for scientific, medical, industrial, and research purposes. [/FONT]
20. [FONT=&quot]Permit California to fulfill the state's obligations under the United States Constitution to enact laws concerning health, morals, public welfare and safety within the State. [/FONT]
21. [FONT=&quot]Permit the cultivation of small amounts of cannabis for personal consumption. [/FONT]
22. [FONT=&quot]Ensure that all existing medical Cannabis laws previously adopted under proposition 215 are wholly exempt from this proposition. This proposition is not intended to modify proposition 215, nor any of the legislation that implemented proposition 215, in any way. Specifically, Health and Safety Sections 11362.5 and 11362.7 through 11362.9 are exempted from this proposition.[/FONT]

[FONT=&quot]C. Intent [/FONT]

1. [FONT=&quot]This Act is intended to limit the application and enforcement of state and local laws relating to possession, transportation, cultivation, consumption and sale of cannabis, including but not limited to the following, whether now existing or adopted in Health and Safety Code sections 11014.5 and 11364.5 [relating to drug paraphernalia]; 11054 [relating to cannabis or tetrahydrocannabinols]; 11357 [relating to possession]; 11358 [relating to cultivation]; 11359 [possession for sale]; 11360 [relating to transportation and sales]; 11366 [relating to maintenance of places]; 11366.5 relating to use of property]; 11370 [relating to punishment]; 11470 [relating to forfeiture; 11479 [relating to seizure and destruction]; 11703 [relating to definitions regarding illegal substances l; 11705 [actions for use of illegal controlled substance l; Vehicle Code sections 23222 and 40000.15 [relating to possession]. [/FONT]
2. [FONT=&quot]This Act is not intended to affect the application or enforcement of the following state laws relating to public health and safety or protection of children and others: Health and Safety Code sections 11357 [relating to possession on school grounds]; 11361 [relating to minors as amended herein]; 11379.6 [relating to chemical production]; 11532 relating to loitering to commit a crime or acts not authorized by law]; Vehicle Code section 23152 [relating to driving while under the influence]; Penal Code section 272 [relating contributing to the delinquency of a minor]; nor any law prohibiting use of controlled substances in the workplace or by specific persons whose jobs involve public safety. This proposition is not intended to modify proposition 215, nor any of the legislation that implemented proposition 215, in any way. Specifically, Health and Safety Sections 11362.5 and 11362.7 through 11362.9 are exempted from this proposition.[/FONT]

[FONT=&quot]Section 3: Lawful Activities [/FONT]
[FONT=&quot]Article 5 of Chapter 5 of Division 10 of the Health and Safety Code, commencing with section 11300 is added to read: [/FONT]
[FONT=&quot]Section 11300: Personal Regulation and Controls [/FONT]

1. [FONT=&quot]Notwithstanding any other provision of law, it is lawful and shall not be a public offense under California law for any person 21 years of age or older to: [/FONT]
   1. 1. [FONT=&quot]Personally possess, process, share, or transport not more than one ounce of cannabis, solely for that individual's personal consumption, and not for sale. [/FONT]
      2. [FONT=&quot]Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of the private property owner or lawful occupant, cannabis plants for personal consumption only, not more than six mature plants, and 30 immature plants per occupant of the private residence or, in the absence of any residence, the parcel. Cultivation on leased or rented property may be subject to approval from the owner of the property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of cannabis on any public lands.[/FONT]
   2. 1. [FONT=&quot]Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption. [/FONT]
   3. 1. [FONT=&quot]Possess objects, items, tools, equipment, products and materials associated with activities permitted under this subsection. [/FONT]
   4. [FONT=&quot]"Personal consumption" shall include but is not limited to possession and consumption in any form, of cannabis in a residence or other non-public place, and shall include licensed premises open to the public authorized to permit on-premises consumption of cannabis by a local government pursuant to section 11301. [/FONT]
   5. [FONT=&quot]"Personal consumption" shall not include, and nothing in this Act shall permit cannabis: [/FONT]
   6. 1. [FONT=&quot]possession for sale regardless of amount, except by a person who is licensed or permitted to do so under the terms of an ordinance adopted pursuant to section 11301; [/FONT]
      2. [FONT=&quot]consumption in public or in a public place; [/FONT]
      3. [FONT=&quot]consumption by the operator of any vehicle, boat or aircraft while it is being operated, or that impairs the operator; [/FONT]
      4. [FONT=&quot]smoking cannabis in any space while minors, other than immediate family members of the smoker, are present. [/FONT]