[GPSCC-chat] Fwd: Legalization 2014. We have $2.5mil! -The Jack Herer Cannabis & Hemp Revenue Act of 2014
Tian Harter
tnharter at aceweb.com
Tue Jun 18 21:32:56 PDT 2013
-------- Original Message --------
Subject: [G-C-F] Fwd: [Save Cannabis] Legalization 2014. We have
$2.5mil! -The Jack Herer Cannabis & Hemp Revenue Act of 2014
Date: Tue, 18 Jun 2013 17:33:20 -0700
From: Jared Laiti <jared.laiti at gmail.com>
To: cal-forum at marla.cagreens.org
---------- Forwarded message ----------
From: *Axis of Love SF, Shona Gochenaur* <axisoflovesf at gmail.com
<mailto:axisoflovesf at gmail.com>>
Date: Tue, Jun 18, 2013 at 5:22 PM
Subject: Re: [Save Cannabis] Legalization 2014. We have $2.5mil! - The
Jack Herer Cannabis & Hemp Revenue Act of 2014
To: "savecannabis at a2c2.us <mailto:savecannabis at a2c2.us>"
<savecannabis at a2c2.us <mailto:savecannabis at a2c2.us>>
Wonderful, and the process was inclusive , transperant and think tank
with results.
Axis is on board and to roll up ours sleeves and get it done!
On Tuesday, June 18, 2013, Dave Hodges <dave at a2c2.us
<mailto:dave at a2c2.us>> wrote:
> Hi All,
> Here is a copy of the latest language for the 2014 Initiative now
known as the Jack Herer Cannabis & Hemp Revenue Act of 2014.
> Good news is, we currently have commitments of $2.5mil and our PAC
will be filing next month!
> The language is still open, if anyone has any changes, additions, or
suggestions, you can view and edit the live document at:
http://bit.ly/camj2014
> Please review the language below. If you have any issues, now is the
time to speak up. We can make 2014 happen if we all work together!
> Best Regards,
> Dave Hodges
> Founder
> A2C2 - the All American Cannabis Club
> SJCBC - the San Jose Cannabis Buyers Collective
> SaveCannabis.org
> =======
>
> Jack Herer Cannabis & Hemp Revenue Act of 2014
>
> (formerly known as Cannabis & Hemp Freedom Act of 2014 CHFA)
>
> This Initiative may allow for the Freedom to use, grow, transport and
sell Cannabis in California. Sales will be taxed, with an exemption for
medical use.
>
> This initiative measure is submitted to the People of the State of
California in accordance with the provisions of Article II, Section 8 of
the Constitution.
>
> This initiative measure adds Chapter 6.7, entitled ?The Jack Herer
Cannabis & Hemp Act? to
>
> Division 10 of the Health and Safety Code.
>
> PROPOSED LAW
>
> SECTION 1. Sections 11420.0 to 11420.710 are added to the Health and
Safety Code, to read:
>
> 11420.0 Purposes:
>
> (a) Restoration of Hemp production to the California economy;
>
> (b) Restoration and Taxation of Adult Social Use of Cannabis with
appropriate safeguards;
>
> (c) Clarify California Medical Marijuana laws;
>
> (d) Release non-violent marijuana inmates and expunge records
>
> (e) Retain and strengthen existing laws against providing Cannabis to
a minor;
>
> (f) Retain and strengthen existing laws against impaired driving.
>
> 11420.010 Definitions:
>
> (a) This Act shall be known and cited as the Jack Herer Cannabis &
Hemp Revenue Act.
>
> (b) ?Cannabis? means "marihuana" or ?marijuana? as defined in Section
11018, ?concentrated cannabis? as defined in Section 11006.5.11421(a),
as cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis
indica, cannabis ruderalis, cannabis sativa, or any other variety or
strain of cannabis, whether the living plant, dried plant, leaf, bud,
flower, particle, resin, root, stem, seed, stalk, or any derivative,
concentrate, extract, preparation, or any product thereof.
>
> (c) "Industrial Hemp" means Cannabis plants or products which are not
intended for human or animal consumption.
>
> (d) "Nutritional Hemp" means Cannabis products which test at less
than 0.3% THC.
>
> (e) "Hemp" means both Industrial & Nutritional Hemp.
>
> (f) A ?collective? is a business, farm, etc., jointly owned and
operated by the members of a group. A collective should be an
organization that merely facilitates the collaborative efforts of
patient and caregiver members including the allocation of costs and
revenues. As such, a collective is not a statutory entity, but as a
practical matter it might have to organize as some form of business to
carry out its activities. The collective should not purchase marijuana
from, or sell to, non-members; instead, it should only provide a means
for facilitating or coordinating transactions between members.
>
> 11420.020 Findings: The People of the State of California find that:
>
> (a) Industrial Cannabis and Hemp will be a useful adjunct to its
economy.
>
> (b) Any benefits of Cannabis prohibition are vastly outweighed by the
costs to society of investigating, arresting, prosecuting, and punishing
otherwise law-abiding citizens.
>
> (c) Medical Marijuana is important for the health and welfare of the
people of California.
>
> (d) Taxing Cannabis and Hemp will generate millions of dollars in
annual revenue for California.
>
> (e) Regulating Cannabis and Hemp will make California safer, by
eliminating the black market.
>
> 11420.030 No California resident or person located within the State
of California shall be subject to any discrimination in any courts
including but not limited to civil and family court, nor be charged with
any crime, felony or misdemeanor related to the use, growth, possession,
transportation, or sales of Cannabis or Hemp, seeds, or pollen, nor for
land use related to any such activity.
>
> 11420.040 Using, selling, cultivating, or producing Cannabis or Hemp
in any form, including any concentrated form of the separated or
extracted resins, whether obtained in crude or purified form, or
extracted using any solvents, shall not be prohibited.
>
> 11420.050 Cannabis or Hemp that is sold for medical purposes shall
not be subject to sales tax.
>
> 11420.060 Cannabis sold for Adult Social Use shall be taxed at
current California retail sales tax rate. Tax revenue generated by sales
of Adult Social Use of Cannabis Hemp shall go directly to the Counties
where sales take place and shall directly benefit any school district
within city borders of the municipality, Emergency Medical Services,
Fire Services, Police Services and Animal Services and shall be
distributed equally to each group and administered through the County
Treasurer.
>
> 11420.100 Discrimination:
>
> (a) The use of Cannabis or Hemp, or a person's involvement with the
sale, cultivation, or production of Cannabis or Hemp, in itself, shall
not, be used in any way that could result in the denial of any
employment, benefit, licence or certificate, except where there is clear
and convincing evidence that when performing a required task where
temporary physical impairment due to cannabis use may endanger human
life. Whether or not there is clear and convincing evidence the
following positions shall be forbidden from using cannabis: school bus
drivers, commercial airline pilots and heavy equipment operators.
>
> (b) Providers of electricity, water or other public utility services
shall not charge higher rates to any individual, business or group, nor
otherwise discriminate against individuals or businesses, based on the
presence, use, or handling of Cannabis or Hemp.
>
> (c) Banking and other State licensed financial institutions shall not
discriminate against persons or entities due to their use of Cannabis or
Hemp or their commerce in Cannabis or Hemp.
>
> (d) Insurance, and other State licensed insurance companies shall not
discriminate against persons or entities due to their use of Cannabis or
Hemp or their commerce in Cannabis or Hemp.
>
> (e) The following statutes are hereby repealed from the Health and
Safety Code: Section 11054(d)(13), Section 11054(d)(20), Section 11357,
Section 11358, Section 11359, Section 11360, and Section 11361. Section
23222(b) of the California Vehicle Code is hereby repealed. Cannabis
related activities are hereby removed from the prohibitions contained
within Health and Safety Code Sections 11364.7, 11365, 11366, 11366.5,
11379.6 and 11570.
>
> (f) All other California licensing privileges shall be governed by
existing California law as to factors which indicate fitness, except
that the use of Cannabis or Hemp shall, in itself, not be a basis for
denying any licensing right or privilege. Impairment while performing
the licensed tasks shall be handled by the various licensing boards so
that performing licensed tasks while impaired by Cannabis or Hemp will
carry the same penalties, defenses, and legal remedies as exist
currently for substance impairment.
>
> 11420.200 Limitations:
>
> (a) Persons 21 years of age or older may cultivate no more than 13
mature flowering Cannabis plants outdoors; more than 13 mature flowering
Cannabis plants shall be deemed a commercial operation and regulated
under local zoning code.
>
> (b) The protections provided by this Act shall not apply to any
person or group that sells or supplies cannabis to a minor without the
consent of his or her parents or guardians or deliberately aids any
criminal organizations or cartels primarily operating in a foreign
jurisdiction.
>
> (c) Individuals shall be responsible for the consequences of their
own use of Cannabis or Hemp. Sellers or providers of Cannabis or Hemp
shall not be responsible for the consequences or claimed damages due to
the use of Cannabis or Hemp by any party or any third party claimant,
except where the seller or provider provides Cannabis or Hemp to a minor.
--
Shona Gochenaur
Executive Director
Axis of Love SF
http://www.facebook.com/axisoflove
http://www.twitter.com/axisoflove
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