Jack Herer’s Act of Health and Safety

California Cannabis Hemp & Health Initiative 2008

AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:
PROPOSED WORDING 12/15/2007:

I. Add Section 11362.6 to the Health and Safety Code of California, any laws or policies to the contrary notwithstanding:

1. No person, individual, or corporate entity shall be arrested or prosecuted, be denied any right or privilege, nor be subject to any criminal or civil penalties for the possession, cultivation, transportation, distribution, or consumption of cannabis hemp marijuana, including:

(a) Cannabis hemp industrial products.
(b) Cannabis hemp medicinal preparations.
(c) Cannabis hemp nutritional products.
(c) Cannabis hemp religious and spiritual products.
(d) Cannabis hemp recreational and euphoric use and products.

2. Definition of terms:

• (a) The terms “cannabis hemp” and “cannabis hemp marijuana” mean the natural, non-genetically modified plant hemp, cannabis, marihuana, marijuana, cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis indica, cannabis ruderalis, cannabis sativa, or any variety of cannabis, including any derivative, concentrate, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.
• (b) The term “cannabis hemp industrial products” means all products made from cannabis hemp that are not designed or intended for human consumption, including, but not limited to: clothing, building materials, paper, fiber, fuel, lubricants, plastics, paint, seed for cultivation, animal feed, veterinary medicine, oil, or any other product that is not designed for internal human consumption; as well as cannabis hemp plants used for crop rotation, erosion control, pest control, weed control, or any other horticultural or environmental purposes, for example, the reversal of the Greenhouse Effect and toxic soil reclamation.
• (c) The term “cannabis hemp medicinal preparations” means all products made from cannabis hemp that are designed, intended, or used for human consumption for the treatment of any human disease or condition, for pain relief, or for any healing purpose, including but not limited to the treatment or relief of: Alzheimer’s and pre-Alzheimer’s disease, stroke, arthritis, asthma, cramps, epilepsy, glaucoma, migraine, multiple sclerosis, nausea, premenstrual syndrome, side effects of cancer chemotherapy, fibromyalgia, sickle cell anemia, spasticity, spinal injury, stress, easement of post-traumatic stress disorder, Tourette syndrome, attention deficit disorder, immunodeficiency, wasting syndrome from AIDS or anorexia; use as an antibiotic, antibacterial, anti-viral, or anti-emetic; as a healing agent, or as an adjunct to any medical or herbal treatment. Mental conditions not limited to bipolar, depression, attention deficit disorder, or attention deficit hyperactivity disorder, shall be conditions considered for medical use.
• (d) The term “cannabis hemp nutritional products” means cannabis hemp for consumption by humans and animals as food, including but not limited to: seed, seed protein, seed oil, essential fatty acids, seed cake, dietary fiber, or any preparation or extract thereof.
• (e) The term “cannabis hemp euphoric products” means cannabis hemp intended for personal recreational or religious use, other than cannabis hemp industrial products, cannabis hemp medicinalpreparations, or cannabis hemp nutritional products.
• (f) The term “personal use” means the internal consumption of cannabis hemp by people 21 years of age or older for any relaxational, meditative, religious, spiritual, recreational, or other purpose other than sale.
• (g) The term “commercial production” means the production of cannabis hemp products for sale or profit under the conditions of these provisions.

3. Industrial cannabis hemp farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, licensing fee, or tax that is excessive, discriminatory, or prohibitive.

4. Cannabis hemp medicinal preparations are hereby restored to the list of available medicines in California. Licensed physicians shall not be penalized for, nor restricted from, prescribing or recommendingcannabis hemp for medical purposes to any patient, regardless of age. No tax shall be applied to prescribed cannabis hemp medicinal preparations. Medical research shall be encouraged. No recommendingphysician shall be subject to any professional licensing review or hearing as a result of recommending or approving medical use of cannabis hemp marijuana.

5. Personal use of cannabis hemp euphoric products.

• (a) No permit, license, or tax shall be required for the non-commercial cultivation, transportation, distribution, or consumption of cannabis hemp.
• (b) Testing for inactive and/or inert residual cannabis metabolites shall not be required for employment or insurance, nor be considered in determining employment, other impairment, or intoxication.
• (c) When a person falls within the conditions of these exceptions, the offense laws do not apply and only the exception laws apply.

6. Use of cannabis hemp products for religious or spiritual purposes shall be considered an inalienable right; and shall be protected by the full force of the State and Federal Constitutions.

7. Commerce in cannabis hemp euphoric products shall be limited to adults, 21 years of age and older, and shall be regulated in a manner analogous to California’s wine industry model. For the purpose ofdistinguishing personal from commercial production, 99 flowering female plants and 12 pounds of dried, cured cannabis hemp flowers, bud, not leaf, produced per adult, 21 years of age and older, per year shall be considered as being for personal use.

8. The manufacture, marketing, distribution, or sales between adults of equipment or accessories designed to assist in the planting, cultivation, harvesting, curing, processing, packaging, storage, analysis, consumption, or transportation of cannabis hemp plants, industrial cannabis hemp products, cannabis hemp medicinal preparations, cannabis hemp nutritional products, cannabis hemp euphoric products, or any cannabis hemp product shall not be prohibited. (the right to possess is a barren right without the right to the planting, cultivation, harvesting, curing, processing, packaging, storage, analysis, consumption, or transportation of cannabis. /Blair)

9. No California law enforcement personnel or funds shall be used to assist or aid and abet in the enforcement of Federal cannabis hemp marijuana laws involving acts which are hereby no longer illegal inthe State of California.10. Any person who threatens the enjoyment of these provisions is guilty of a misdemeanor. The maximum penalties and fines of a misdemeanor may be imposed.

II. Repeal, delete, and expunge any and all existing statutory laws that conflict with the provisions of this initiative.

1. Enactment of this initiative shall include: amnesty, immediate release from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records for all persons currently charged with, or convicted of any non-violent cannabis hemp marijuana offenses included in this initiative which are hereby no longer illegal in the State of California. People who fall within this category that triggered an original sentence are included within this provision.

2. Within 60 days of the passage of this Act, the Attorney General shall develop and distribute a one-page application, providing for the destruction of all cannabis hemp marijuana criminal records in California for any such offense covered by this Act. Such forms shall be distributed to district and city attorneys and made available at all police departments in the State to persons hereby affected. Uponfiling such form with any Superior Court and a payment of a fee of $10.00, the Court shall liberally construe these provisions to benefit the defendant in furtherance of the amnesty and dismissal provision ofthis section. Upon the Court’s ruling under this provision the arrest record shall be set aside and be destroyed. Such persons may then truthfully state that they have never been arrested or convicted ofany cannabis hemp marijuana related offense which is hereby no longer illegal in the State of California. This shall be deemed to be a finding of factual innocence under California Penal Code Section 851.8et seq.III. The legislature is authorized upon thorough investigation, to enact legislation using reasonable standards to:

1. License concessionary establishments to distribute cannabis hemp euphoric products in a manner analogous to California’s wine industry model. Sufficient community outlets shall be licensed to providereasonable commercial access to persons of legal age, so as to discourage and prevent the misuse of, and illicit traffic in, such products. Any license or permit fee required by the State for commercial production, distribution or use shall not exceed $1,000.00.

2. Place an excise tax on commercial sale of cannabis hemp euphoric products, analogous to California’s wine industry model, so long as no excise tax or combination of excise taxes shall exceed $10.00 per ounce.

3. Determine an acceptable and uniform standard of impairment based on performance testing, to restrict persons impaired by cannabis hemp euphoric products from operating a motor vehicle or heavy machinery, or otherwise engaging in conduct that may affect public safety.

4. Regulate the personal use of cannabis hemp euphoric products in enclosed and/or restricted public places.

IV. Pursuant to the Ninth and Tenth Amendments to the Constitution of the United States, the people of California hereby repudiate and challenge Federal cannabis hemp marijuana prohibitions that conflict with this act.

V. Severability: If any provision of this Act, or the application of any such provision to any person or circumstance, shall be held invalid by any court, the remainder of this Act, to the extent it can be given effect, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Act are severable.

VI. Construction: If any rival or conflicting initiative regulating any matter addressed by this act receives the higher affirmative vote, then all non-conflicting parts shall become operative.

VII. Purpose of Act: This Act is an exercise of the police powers of the State for the protection of the safety, welfare, health, and peace of the people and the environment of the State, to protect the industrial and medicinal uses of cannabis hemp, to eliminate the unlicensed and unlawful cultivation, selling, and dispensing of cannabis hemp; and to encourage temperance in the consumption of cannabis hemp euphoric products. It is hereby declared that the subject matter of this Act involves, in the highest degree, the ecological, economic, social, and moral well-being and safety of the State and of all its people. All provisions of this Act shall be liberally construed for the accomplishment of these purposes: to respect human rights, to promote tolerance, and to end cannabis hemp prohibition.

Jack Herer
Eddy Lepp
George Clayton Johnson
Phyllis Vonderscher
Ronnie Lee Smith
Charles Turley
Michael S. Jolson
Seeva Marie Cherms

I’m expecting it to be on this November vote and I’m sure it will pass.

PLU (Peace – Love – Unity)
Tom – The Psychedelic Pope Saint Isadore Patron Saint of the Internet

key words: public health, community safety, legislative framework, medicinal, nutritional, religious, spiritual, recreational, euphoric, Alzheimer’s, pre-Alzheimer’s disease, stroke, arthritis, asthma, cramps, epilepsy, glaucoma, migraine, multiple sclerosis, nausea, premenstrual syndrome, side effects of cancer chemotherapy, fibromyalgia, sickle cell anemia, spasticity, spinal injury, stress, post-traumatic stress disorder, Tourette syndrome, attention deficit disorder, immunodeficiency, wasting syndrome, AIDS, anorexia, antibiotic, antibacterial, anti-viral, anti-emetic

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Police Draw Weapons on 14yr old Boy on way to party.

Police draw weapons on man in fancy dress
TV3 News – Auckland,New Zealand
Neighbour Blair Anderson, who had just returned from an anti-terror rally says he saw the incident unfolding and approached to find out how old the boy was.
See all stories on this topic

There was of course, a little more to this story… firstly, there was no fancy dress, it was a track suit.

Here’s how I described it elsewhere.

Just thought you might like to know that the ‘militarised’ Police did another “Glock” point and ask later to an under 18yr old. The offficer had this man in his sights – aimed at the centre of his chest. It happened right outside my house [50 Wainoni Road,CHCH] just after 7:30pm, 26thOct]. The young man was terror’ified.

The Police refused to allow an adult observer/advocate (it is a youth right) while the lad detained. I was under duress of arrest for asking his age. [I had volunteered after first determining the lad was under 18yrs.]

The senior Officer’s response was haughty and dismissive.

He inferred I was drunk. I was not. I had just opened and sipped from a small bottle of beer and then this happened outside my living room.

Had, in the very intense moments where the ‘occupation force attired’ officer was in ‘battle cry’ – fired and missed… it would have penetrated the bedroom of my friend Alister, at bed height. (four metres from the ‘offender’ and six from the Glock) This could have so easily become another Stanmore Road.

In this case Guns were presented within seconds of arrival at the scene, and while a Police Dog was present.

We should be lucky this young man was very passive. He was under extreme duress, he could have just as easily been irrational. It is understood that he had a toy ‘cap’ gun. He had not presented at anyone. He had been talking with a member of the public (actually Alister’s tenant) moments before asking for some directions. They were as surprised as anyone, as he was non-threatening.

I am reliably informed however, that the ‘complainant’ was an off-duty police officer who had been following this young man for sometime. There was nothing observable that would leave anyone with the impression this young man was anything but a teen… and despite the black and white track suit (unhooded) all I saw was a chubby faced bedazzled kid who would be more at home in front of a playstation.

Further, separate to and prior to this, the Police have been targeting protest organisers in recent days. Three persons peripherally associated with either Happy Valley or Demozone (Otautahi Social Center & Food Not Bombs) have been busted for minor amounts of cannabis. These are [now] highly suspicious busts, one following personal phone calls to organise ‘to pick up the gear’ [for sound reinforcement] for Saturday’s ‘global day of action’ minutes later… the Drug Squad arrive.

You know my field of advocacy and expertise.. this is seeding gross dissent amongst youth in the community. Very unhealthy Policing and even unhealthier mental health outcomes for those present. (recall, ‘don’t put a label on me!’)

Lest we forget, Terrorism and Drugs Issue are one and the same. You might recall the Woman [who lauded along with David Lange on Scoop], was also a British Cabinet Minister (and Drug Czar) who brokered the Irish [domestic terrorism] Peace Accord. She died November 2005. Her name was Mo Molam. Google her name and the word ‘terrorism’ and ‘drugs’ – [social implications of ‘terror laws’] We should be gravely concerned.

If you’re still curious, substitute the same search with ‘ Ray Kendall ‘ the General Secretary of Interpol. Or for even more informed insight on high level advocacy with a global perspective “Senlis Council” about covers it all.

There is a conversation we are not having… (in CHCH and elsewhere) Time to Talk this Mo’vember?Just be aware and be careful..

Blair Anderson ‹(•¿•)›

Social Ecologist ‘at large’
http://mildgreens.blogspot.com
http://blairformayor.blogspot.com
http://blair4mayor.com

ph (643) 389 4065 cell 027 265 7219

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Russell Brown sells ‘Anti Violence’ campaign?

From: Kevin O’Connell

I am not sure that Russell Brown has done much for his credibility by being the first guy lining up earnestly on the family commission’s new tv commercials preaching (along with people like radio personality Phil Gifford and half a dozen other ordinary Kiwis) that ‘family violence is not ok’

…the target audience is alienated by government and its do-gooder sycophants and agencies. Russell, how much did they pay you and do you really believe the campaign (telling people to tell on their neighbours) is going to work? ( narc’ing up / blair)

Also you are lining up with government’s feeble and scientifically invalid ‘separate issue’ mentality where NZ social problems are all separate and can be alleviated by funding the various community programmes and government agencies and early intervention initiatives. (which co-incidently is good for the economy, but i digress…)

Labour seem to genuinely believe or are at least implying that family violence

• has nothing to do with ‘youth crime’
• has nothing to do with ‘binge drinking culture’
• has nothing to do with ‘criminality in general’
• has nothing to do with ‘drunk driving’
• has nothing to do with ‘gambling addiction’
• has nothing to do with ‘police corruption’
• has nothing to do with ‘kiwi underclass’
• has nothing to do with ‘drug harm prevention’,
• has nothing to do with ‘matrix of dysfunction’
• has nothing to do with ‘closing the gaps’…

If you get my drift: the problems in NZ are intrinsic and the family commission is looking at things ‘peicemeal’ IE THEY’VE GOT IT WRONG, and the adds cost heaps but aint worth shit.

I guess Russel’s ‘getting older’ and becoming more and more a ‘safe pair of hands’ for authorised media (eg Radio NZ) to get opinions from. How about focusing on the inequity and alienating factor of NZ’s drug laws Russell – you know there’s a lot of bullshit and injustice and hypocrisy goin on in this particular area of the kiwi experience. (i know because i’ve posted your insights to this forum (cclr-public), many a time)

(i do not have Russel’s email so if someone can foward this to him…)

Regards
Kevin O’Connell

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Are drugs more of a problem than alcohol? [TV1 poll]

We (Television One) asked you these questions and you responded:

Is New Zealand a safe place to live?
75% of you said, no it isnt
25% of you said, yes it is.

Are drugs more of a problem than alcohol?
70% of you said yes drugs are more of a problem
30% of you said no.

[and we’ll pretend the media has nothing to do with creating this illusion…. /Blair.]

When the NZ Herald ran the story back in mid-March regarding the RSA (UK) report on ABC classification and NZH asked the question Your Views: Have drugs been wrongly demonised? the public response was overwhelmingly in agreement that prohibition has served us badly, but few readers and commenter’s (if any) actually appeared to have read the RSA and Medical Research Council reports which explained WHY the ABC classification is both bereft of reason AND counter productive. These were not populist vote catching ‘tough on crime’ opinions, but rather the balanced, reasoned conclusions drawn from the social record distilled by an august body of experts in science and philosophy.

While heartwarming to see so many well written arguments by a good sample of Kiwi’s in the online version of the NZHerald, I for one, cannot understand why investigative journalists (both print, radio, and television) cannot ask politicians hard questions, instead accepting political double speak surrounding ‘illicit’ drugs as some form of gospel according to UN Convention.

Here is a classic example

Clark pledges assault on P-fuelled crimes of violence … very worrying and there are resources going in.” Police Assistant Commissioner Grant Nicholls said yesterday alcohol and drugs were fuelling violent crime. …

Where are the hard questions like Why is NZ having a problem with prevalence of P (meth)?

There is a paucity of evidence in the medical literature that supports the contention that the pharmacology of meth is inherently violence inducing. Whereas meth black markets are. We have a legacy of drug related murders, the latest is unravelling in Taupo. Which journo is going to be first to ask “How did P cause this?”.

While a feel a certain sadness for the victim, his family, I equally feel the same for the family of the person charged with murder. We have no idea what happened… it may have been a Mexican stand-off in which case the outcome could have been the other way round, but as we all know.. in an illicit market, there are no lawyers. There is no dispute resolution process.

But there is one victim not accounted for here… and that is us. We ALL pay for this mess. It was, as were many other drug related murders and bashings these past 40 years, entirely avoidable.

There is little that can be said for the current prohibitionary model that is precautionary in principle. The evidence is that prohibition is deviancy amplifying by nature. We owe it to ourselves to come to this understanding. It is the stuff of social capital.

/Blair

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