Repeal Prohibition of Cannabis Act of 2012
March 2011 Draft
This Initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.
This initiative measure adds a section to the Health and Safety Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
WHEREAS the People of the State of California make the following findings:
1. The 75 year old policy of cannabis prohibition has been a failure resulting in wasted resources, both human and financial;
2. The ill conceived prohibition has resulted in increased crime and violence;
3. The policy of prohibition has resulted in greater and easier access to cannabis by minors;
The People of the State of California demand an end to this failed policy and intend that this Initiative have the following effects:
1. Repeals all laws criminalizing the possession, cultivation, transportation, and distribution of cannabis;
2. Authorizes and empowers the Legislature to formulate reasonable Regulations and Guidelines for the commercial production, distribution and taxation of cannabis.
PROPOSED LAW SECTION
1. Section 11300 is added to the Health and Safety Code, to read:
(a) This Section shall be known and may be cited as the Repeal Prohibition of Cannabis Act of 2012.
(b)(1) The people of the State of California hereby find and declare that the purposes of the Repeal Prohibition of Cannabis Act of 2012 are as follows:
- To ensure that Californians have the right to obtain and use cannabis.
- To ensure that persons who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.
- To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of cannabis to Californians.
(2) Nothing in this Section shall be construed to supersede legislation prohibiting persons from driving impaired, nor to condone the diversion of cannabis to minors under 18 years of age.
(c) The following Statutes are hereby repealed:
- Health and Safety Code: Sections 11357; 11358; 11359; 11361; 11364.5(d)(7); 11354.5(d)(12)(E); 11485;
- Vehicle Code Section 23222(b)
(d) Health and Safety Code Section 11360 is hereby repealed with the singular exception that the proscription of cannabis sales shall remain in effect for a period of 180 days following the enactment of this Section.
The legislature is authorized and directed to establish appropriate and reasonable regulations for the commercial production and sale of cannabis but may not delay the repeal of the sales proscription of Section 11360 beyond 180 days after enactment of this Section. Any regulatory system for the commercial cultivation, manufacturing, processing, and distribution of cannabis shall not impede on the individual rights set forth herein. Any taxes, regulations, fines and fees imposed pursuant to this Section shall not be imposed on personal amounts of cannabis below three pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy. The Legislature may also create fines for the distribution of cannabis to minors and mandate educational classes for minors found in possession of cannabis.
(e) The following Statutes are amended as follows:
- (i) Health and Safety Code Section 11366 is hereby amended to remove any and all references to Health and Safety Code Sections 11054(d)(13)and(20);
- (ii) Health and Safety Code Section 11364.5(d)(12) is hereby amended to remove any and all references to marijuana, hashish, and hashish oil.
- (iii) Health and Safety Code Section 11054 is amended to remove subsections (13) and (20).
(f) It shall not be a public offense for an adult, 18 years of age and older, to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.
(g) This Act, and all state implementations of this Act, shall preempt enactments of local jurisdictions inconsistent with this Act with the exception that local jurisdictions may enhance the rights and protections of those involved in cannabis related activities beyond what is delineated by the State or this Act.
(h) This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code Sections 11362.5 the Compassionate Use Act of 1996, and 11362.7 et seq., the Medical Marijuana Program Act.
(i) Nothing in this Act shall impact Penal Code 272 or Vehicle Code Sections 23103, 23152(a), and 23153. In a prosecution under Vehicle Code Sections 23103, 23152(a), or 23153, where the defendant is charged with driving under the influence of cannabis, only actual acute cannabis impairment shall be used to determine violations of Vehicles Code Sections 23103, 23152(a) and 23153.
(j) No peace officer as that term is defined by Section 830 et seq. of the Penal Code shall assist any federal official and or agency in seizing or attempting to seize or in discovering or investigating the existence of any cannabis cultivated, possessed, transported or sold within the state of California. A violation of this Section is enforceable by cause of action under Civil Code Section 1085. Upon the court making a finding that it was a policy of a police department, sheriff or any other law enforcement agency within the state of California to violate this Section the court shall award reasonable attorney’s fees to the petitioner.
(k) Civil in rem forfeitures of money and/or other assets, by either a proceeds theory or a facilitation theory, involving cannabis, are abolished. All causes of action based on civil in rem forfeiture under the Health and Safety code of monies, property and other valuables based on either a proceeds theory or a facilitation theory, involving cannabis, which are still pending on the date of passage of this law shall be dismissed by the court and all funds and other assets ordered returned to the claimant. Health & Safety Section 11470 is amended to remove the word “marijuana” from subsection (e); Section 11479(a) is amended to remove all references to marijuana; Section 11479.2 is amended to remove all references to marijuana.
(l) If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
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