**Breaking** New Full Legalization Proposition Filed in CA for 2012!!!
Monday, August 22, 2011 at 05:34PM REPEAL CANNABIS PROHIBITION Act of 2012 Initiative filed 8/19/11 in Sacramento
FOR IMMEDIATE RELEASE
Committee Contact: Joe Rogoway Esq.
Co-Proponent, Repeal Cannabis Prohibition Act of 2012
The Committee to Repeal Cannabis Prohibition
PO Box 282
Santa Rosa, CA 95402
(707) 520-4205
joerogoway@cannabislawinstitute.com
http://www.facebook.com/pages/Repeal-Cannabis-Prohibition/256264247726059
Re: “Repeal Cannabis Prohibition Act of 2012” filed in Sacramento, California
SACRAMENTO CA, August 19, 2011—In a historic moment of cannabis policy reform, the Repeal Cannabis Prohibition Act of 2012 is now filed with the California Attorney General for title and summary. We are working to place this measure on the November 2012 ballot.
The RCPA 2012 repeals all criminal prohibitions on cannabis related conduct for adults while mandating strict rules against contributing to the delinquency of minors and driving while impaired. This is all accomplished while maintaining medical rights for patients and vesting the California Department of Public Health with the regulation of commercial cannabis.
The most recent polling shows that 55% of Americans support marijuana legalization (http://e2ma.net/go/7172579843/208646769/224317054/1403244/goto:http://www.angus-reid.com/wp-content/uploads/2011/08/2011.08.09_Drugs_USA.pdf ) . In this era of fiscal pragmatism and social responsibility, the Repeal Cannabis Prohibition Act of 2012 will once again make this Golden State green.
Co-proponents Joe Rogoway Esq., Frank H. Lucido M.D., PebblesTrippet, William Panzer Esq., and Omar Figueroa Esq. comprise The Committee to Repeal Cannabis Prohibition and can be contacted at (707) 520-4205.
Additional Information can be found at:
http://www.facebook.com/pages/Repeal-Cannabis-Prohibition/256264247726059
http://www.economist.com/node/18118857?story_id=18118857
http://www.angus-reid.com/wp-content/uploads/2011/08/2011.08.09_Drugs_USA.pdf
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FULL TEXT:
Repeal Cannabis Prohibition Act of 2012
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 “Repeal of Cannabis Prohibition,” to Division 10 of the Health and Safety Code.
PROPOSED LAW
SECTION 1. Sections 11420, 11421, 11422, 11423, 11424, 11425, 11426, 11427, and 11428 are added to the Health and Safety Code, to read:
11420(a). This Act shall be known and may be cited as the Repeal Cannabis Prohibition Act of 2012.
(b)(1) The People of the State of California hereby find and declare that the purposes of the Repeal Cannabis Prohibition Act of 2012 are as follows:
(A) To ensure that adults have the right to obtain and use cannabis.
(B) To ensure that adults who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.
(C) To make cannabis available for scientific, medical, industrial, and research purposes.
(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.
(c) “Cannabis” means “marijuana” as defined in Health and Safety Code Section 11018 and “concentrated cannabis” as defined in Section 11006.5.
11421(a). 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.
(b). The repeal of Health and Safety Code section 11360, as related to sales only, will be effectuated within 180 days of passage of the Act in order to allow the California Department of Public Health the opportunity to enact commercial cannabis regulations.
11422. It shall not be a crime or public offense for an adult to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.
11423(a). The California Department of Public Health shall oversee the regulatory system for the commercial cultivation, manufacturing, processing, testing, transportation, distribution, and sales of cannabis. This shall include promulgation of regulations to control, license, permit, or otherwise authorize the commercial cultivation, manufacturing, processing, testing, transportation, distribution and sales of cannabis. These regulations shall include appropriate controls on the licensed premises for commercial cultivation, sales and on-premises consumption of cannabis including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties, and other environmental and public health controls. These regulations may not include bans of the conduct permitted by this Act.
(b) Any regulations created by the California Department of Public Health may not impede on the individual rights set forth in this Act. Any taxes, regulations, fines and fees imposed pursuant to this section shall not be imposed on personal amounts of cannabis below 3 pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy provided that the processed cannabis was not sold or purchased pursuant to subdivision (a).
(c) The California Department of Public Health may regulate the smoking of cannabis in public and where minors are present.
11424. This Act, and all state implementations of this Act, shall preempt enactments of local jurisdictions with the exception that local jurisdictions may enhance the rights and protections of persons involved in cannabis related activities beyond what is delineated by the state or this Act.
11425. This Act shall not adversely affect the individual and group medical rights and protections afforded by California Health and Safety Code §11362.5 through §11362.83.
11426. Cannabis related conduct that contributes to the delinquency of a minor shall remain punishable by Penal Code section 272. Driving while impaired by cannabis shall remain punishable by Vehicle Code Sections 23103, 23152(a) and 23153. Impairment occurs when a person's mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
11427. If any provision of this Act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
11428. The provisions of this Act shall become effective November 7, 2012.
Save the Date for our first benefit for the RCPA of 2012:
Saturday October 1, 2011, 7pm- Midnite
East Bay Location "to be announced"
Reader Comments (9)
This needs to be done once and for all. It should have been done 40 years ago. People need to wake up and realize, people that use a substance other than alcohol are NOT criminals. It's time for America to stop labeling people according to their lifestyle, there is not one person that is better than the other!!
This does not seem to contain wording to protect job applicants from being discriminated against.
This ACT needs to include wording similar to Senate Bill 129.
We need to get people BACK TO WORK! Medical Marijuana patients who are able to work and want to work should be able to medicate responsibly at home away from the work place and not be persecuted or prosecuted for using the medications that help them!
Prozac, HIRED. Vicodin, HIRED. Cannabis, oh no you can't work for US!
This is a good. simple initiative, not filled with hidden consequences as was Prop. 19 and the now-on-its-fourth-revision Regulate Marijuana Like Wine initiative. And, thank god, it doesn't try to tax, regulate or control people's relationship with cannabis.
It also doesn't have punitive fines to be levied against people under 21 who are in possession of marijuana. RMLW now provides (in its 4th version as sent to the Attorney General on August 30, 2011), for a $2,500 fine to be imposed on anyone under 21 in possession of marijuana -- not matter how little! That's terrible!
And, while we'd all like to see people not at risk of losing their jobs because they test positive for cannabis, I don't expect a single initiative to take care of all these issues in one fell swoop. Once marijuana isn't illegal for anyone, then the excuse of using testing positive for marijuana as a basis for firing someone loses a LOT of its power. Decriminalizing marijuana will have ripple effects in all cannabis-related arenas; soon -- if this passes -- it will finally be rational only to fire people for actual impairment while at work.
I've already started soliciting people to start gathering signatures for this initiative. Let's hope we don't hear anymore about the need to tax, regulate and control people who use cannabis -- I'm sick of that double-talk.
Remember: laws don't tax, regulate and control cannabis -- laws tax, regulate and control PEOPLE who USE cannabis. And I ,for one, am sick and tired of being looked to as more fodder for someone to tax, control and regulate.
Fewer laws mean MORE personal freedom: decriminalize now!
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I like this proposition. It is simple and straight forward. It's long past time we ended the laws against cannabis and stopped persecuting people for enjoying a harmless activity.
How did they prove that cannibis impairs a person's mental or physical abilities? They side stepped it without proof and assumed it. If anything cannibis inhances abilities making a person more aware and capable and not less. Stop the lies!
Cannabis does not impair,
State and Federal governments impair with their lies and dispair.
The gov'ment wants to take away our driving priviledges like bait and switch.
Privileges, privileges, privileges, do you think they will give us any privileges? Bah bah bah, we are as sheep led to the slaughter. Haven't we learned anything yet? That our votes don't matter, our elected officials are whores, bought by big business and they will sell us out every time and just because we want a little joint for our troubles. They couldn't careless about what troubles us because THEY trouble us. They are trouble makers of laws.