Section 1. Findings, Declarations, Purpose, Directives, and Orders
Section 11362.95 is added to the Health and Safety Code:
11362.95. This section shall be known as and may be cited as the “Regulate Marijuana Like Wine Act of 2012,” known hereinafter as the “Act.”
(a) The People of the State of California find and declare all of the following:
(1) Outlawing marijuana has not reduced its availability and has resulted in making it easier for minors to acquire. Adults 21 years and older are responsible to use and cultivate marijuana, and should not be subject to sanctions or criminal penalties.
(2) Marijuana is an untapped revenue source for the State of California, and that the best way to tap into that source for the benefit of all Californians is to tax and regulate it.
(3) The regulation of marijuana will benefit the People of the State of California by reducing criminal gang and cartel activity, promoting agriculture, creating jobs by creating a new hemp industry in the State of California, and reducing the fiscal and overpopulation burdens on courts, jails, and the Department of Corrections and Rehabilitation.
(b) This Act does the following:
(1) Amends California Health and Safety Code sections 11357, 11358, 11359, 11360, 11366, 11366.5, 11469, et seq., 11485, Vehicle Code section 23222(b), and all other statutes that restrict or prohibit persons 21 years and older and/or qualifying business entities, from all activities approved herein; such that persons 21 years or older, and approved business entities, shall no longer be prohibited from the use, possession, trade, packaging, gifting, sales, distribution, storage, transportation, production, or cultivation of marijuana. All said statutes state, Ã’except as authorized by law,Ã“ and this section, notwithstanding any contrary statute or provision, provides exceptions.
(2) Marijuana, THC, and CBD explicitly and/or by inference, are removed from Health and Safety Code section 11054.
(3) This act does not control, repeal, modify, or change statutes pertaining to:
(A) Operating a motor vehicle;
(B) Using marijuana or being impaired in the workplace or public nonsmoking areas;
(C) Providing, transferring, use, possession, cultivation, processing, sales, distribution, transporting, or storing on premises of marijuana to or by persons under 21 years of age;
(D) Medical marijuana statutes as set forth in Proposition 215 (H&S11362.5) and its progeny.
(4) Amends statutes that criminalize the use, possession, cultivation, processing, transportation, storage, distribution, gifting and/or selling of marijuana in any form, or method of ingestion by persons 21 years of age or older. Legalizes all such for-profit or non-profit activities by these persons, groups, and approved business entities, and does not subject these persons/entities to search, arrest, prosecution, seizure, asset forfeiture, and/or any criminal or civil penalty or sanction. Adds to each statute referenced above in Health and Safety Code Section 11362.95 (b) (1) (in this Section 1): Ã’This statute and its provisions do not apply to any person 21 years or older, or to qualifying business entities and approved activities in Section 11395.Ã“
(5) Qualifying or approved business entities include those operated by individuals 21 years and older, any recognized business entity, farm, processor, packager, broker, wholesaler, distributor, retailer, winery, or on-sale and off-sale wine and beer business. To the extent of appropriate jurisdiction, these commercial enterprises or businesses shall be regulated by, and fees paid to, the state Alcohol Beverage Control or Agricultural Commissioner, just as with farming businesses, and alcohol licenses and sales. However, no such agency or employee shall act to delay, defeat, or limit the number of commercial cultivation licenses, nor charge higher fees than in the alcohol or winery industries, for any activity or provision granted herein. Unless by regulating local alcohol sales, local zoning to regulate, limit, or defeat any activity approved herein, shall not be considered by these agencies and shall have no effect on this industry. The Agricultural Commissioner shall be responsible for true weights and measures.
(6) The adult activities for this class enumerated herein have no victim(s) and are not subject to sanctions nor punishment.
(7) All pending court actions under said amended statutes that conflict with the provisions of this Act shall be dismissed with prejudice.
(8) The state and/or local jurisdictions may regulate the processing, distribution, sales, and outdoor use within 600 feet of a public school, and in residential zones.
(9) Experimentation, development, research, testing, cultivation, sales, or possession of genetically-modified (GMO) marijuana, hemp, and its seeds, shall be banned throughout the state of California.
(c) The People of the State of California hereby declare that this Act expressly prohibits the following:
(1) This Act adopts the definitions of marijuana and THC as they are presently set forth in Health and Safety Code Sections 11018 and 11006.5, but those definitions shall be broadly interpreted to include and allow the species Cannabis Indica, Ruderalis, and Americana, as well as any plant part, form, derivative, interspecies hybrids or cross-breeds, and all non-genetically-modified strains of the Cannabis genus and plant.
(2) Existing taxes and regulations which may be similar and may apply in the grape farming and wine industries, produce and processed agricultural products and brokerage industry, distribution, retail sales, and wholesale transactions of agricultural crops and products shall apply to marijuana, regardless of THC level, using the grape farming and winery industry as an example, so long as the results support these declarations, purposes and goals.
(3) All wholesale and retail products with a final THC level below 0.1 percent shall be authorized for sales as hemp products. All marijuana or hemp products with a THC level of 0.1 percent or above shall be restricted for sales to persons 21 years or older and regulated in a manner similar to wine, so long as the results support these declarations, purposes and goals.
(4) The State of California, and all branches of its government, shall liberally construe the meaning and implementation of this Act to favor and benefit individuals, and qualifying business entities as follows:
(A) No taxes, fees, laws, rules, regulations, local city or county zoning requirements may be adopted or enacted to defeat, deny, or prohibit the purposes of this Act, or to defeat, deny, or prohibit persons 21 years or older, associations, organizations, commercial, agricultural, or industrial businesses from engaging in the activities protected by this Act. Willful violations of this act shall be considered violations of civil rights as they apply to support these activities and which can result in serious civil fines and penalties.
(B) Adult alcohol manufacturing and use in the winery and beer industries allow for non-commercial home brewing. Any person, association, or collective group not producing more than 12 outdoor flowering plants per adult, or 25 indoor flowering plants per adult, shall be exempt from commercial regulations of the alcohol industry model, excises, fees, and taxes, except for income taxes and sales taxes, if they apply. This act creates and requires statewide standards and preempts and nullifies any conflicting local regulations, while allowing local jurisdictions limited regulation over cultivation in residential zones. However, no local residential regulation shall disallow a maximum total of 12 outdoor or 25 indoor plants per residence in a residential zone.
(C) No regulations, taxes, or fees shall be enacted or imposed for marijuana for qualifying persons and entities, which are more severe or restrictive than those comparable and reasonable in the commercial wine grape farming and winery regulations of the alcohol industry model, including but not limited to, farming, planting, cultivating, irrigating, harvesting, processing, brokering, packaging, processing, storing, selling, distributing, and establishment of retail businesses, cooperatives or collective associations
(5) Regardless of jurisdictional arguments, all state, local, elected, appointed, hired employees, officers, and officials shall refuse to and shall not cooperate with or assist federal, state, or local officials, volunteers, or employees who eradicate marijuana, act for seizure or forfeiture, or defeat any liberally construed purpose of this Act, or to operate under any contract or arrangement to repeal or circumvent this Act directly or indirectly, or to follow or abide by any federal laws or regulations that are in conflict with this Act. Further, no such person acting alone, or with any other person, judicial, legislative or executive body, may contract or agree to cooperate with or assist federal officials, employees, agencies or departments to obtain any revenue, reimbursement, money, property, gain, or advantage by the arrest, prosecution, conviction, or deprivation or seizure of property of anyone acting within the age/qualifying business entity provisions of this Act. This does not apply to federal lands.
(6) Within 30 days of passage of this Act, the offices of both the state Attorney General and the Department of Public Health shall inform the United States Department of Health and Human Services, the United States Attorney General, Congress, Drug Enforcement Agency, and Food and Drug Administration that in 1996 the state of California recognized the current medical use of marijuana in treatment in the United States, and since 1996 has approved a state-regulated physician medical marijuana practice. Physicians have evaluated thousands of patients who have used marijuana with no reported addiction or adverse consequences, and for that reason demands or petitions as is appropriate (see 21 CFR 1308.43, 21 USC 811-812) that marijuana and tetrahydrocannabinols as defined in Â§21 USC 802(16) be removed from Schedule I of the Controlled Substances Act, 21 USC 800 et seq., where it is currently listed as an addictive drug with no accepted medical use in treatment in the United States.
(7) The State of California is ordered to protect and defend all provisions of this Act from any and all challenges or litigation, whether by persons, officials, cities, counties, the state or federal governments.
(8) Any and all commercial advertising for sales, distribution, and use of marijuana, except for medical marijuana and products that contain less than 0.1 percent THC. This provision shall be enforced hereafter by penalties to be set forth by the Legislature.
(d) This Act shall become effective immediately upon passage.
Section 2. Severability
If any of the provisions of this Act, or any part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.
SECTION 3. Conflicting Measures
If this Act is approved by the voters but superseded by law by any other
conflicting ballot measure approved by the voters at the same election, and the
conflicting measures are later held invalid, this Act shall be self-executing and
given the full force of law.