On October 26th, the Sacramento Bee reported that "Medical marijuana advocates, decrying a federal government crackdown on dispensaries and a failure of state lawmakers to act, said Tuesday that they are drafting a 2012 ballot initiative to impose statewide oversight of California's burgeoning medicinal cannabis trade."

Dale Sky Jones, chancellor of Oakland's Oaksterdam University, believes that the medical marijuana industry needs reform and regulation similar to Colorado's industry. For years, industry leaders and activists alike have called for enacting sensible and effective regulations to both the medical and recreational sale and production of marijuana by commercial and for-profit entities.

The key to effective regulation is to ensure simplicity under state law. In a world with an increasingly big government and expensive regulatory operations, it might seem a far cry to offer a simplistic solution. But in an industry where often one player plays many different positions, and the players (growers/wholesalers/end-seller/etc.) are all under constant fire from the umpires (the federal government), regulations ought to begin simplistic. After all, we are talking about a never-before-regulated industry within this state that currently produces California's top cash crop, estimated at around $14 billion dollars annually for this state alone. Weighing the public desire for regulation, given the current regulatory framework (very little) and the likelihood of federal government intervention, makes those in the industry cringe at the thought of overbearing governmental inspections, regulations and seizures.

With that, I introduce to you the Marijuana Law Reform Act of 2012 (found here) -- a medical marijuana regulatory program that involves a single license (ONE) authorizing entities to operate as for-profit medical marijuana dispensaries. It's quite simple -- any patient holding a valid identification card (pursuant to CA H&S 11362.71) may apply for a license (currently set at $1000/year) to the California Department of Public Health (CDPH). After consulting the city or county, the department shall issue a license which shall authorize an entity to open a medical marijuana operation in zones where liquor stores, wineries, and pharmacies currently operate.

The CDPH would enact regulations concerning the cultivation, sale, and purity of medical marijuana, including listing and acknowledging any adulterations and chemicals used in the medicine. Further, a licensed operation woking in zones designated for liquor stores and pharmacies may not cultivate more than 99 marijuana plants at any given time, while operations working in zones designated for wineries may not have in cultivation more than 999 plants. The legislation is quazi-opt out, in that it inherently allows license holders to operate in most locations, except for within 600 feet of a school. However, cities may opt out of most locations, except that no licensee shall be prohibited from operating where liquor stores, wineries and pharmacies are zoned.

In addition to the commercial regulations on medical marijuana, this legislation would enhance patient protections. Patients using an out-of-state doctor and out-of-state patients would be protected as any other california patient, and a person's status as a medical marijuana patient or failing a drug test based on the legal use of medical marijuana (under state law) could no longer be used as a cause for termination or for pre-employment discrimination in non-safety-sensitive positions. This bill also enhances patient possession and cultivation amounts, raising the floor SB420 limits to the "24/24 Standard" that Oregonians enjoy, and decriminalizes those same amounts for non-medical conduct (opting for civil fines in lieu of prison time for small-scale violations).

In addition to the medical and other marijuana law reform, this bill would form a commission headed by the Attorney General's office to study California's marijuana laws. This commission would begin a comprehensive year-long study of various models of regulation and sale of marijuana, various taxation methods, and studies on actual impairment of marijuana on driving and operating heavy machinery. But perhaps the most important aspect of this legislation is that it ends state and local law enforcement cooperation with federal marijuana law enforcement in crimes where federal law is inconsistent with state law, or otherwise provides the potential for harsher punishments.

Over the next decade, the western United States will undergo a dramatic policy shift regarding marijuana and may even (quickly) find a significant portion of the country following in their footsteps. The ball is in our court to take this next step… let's do this right.

NOTE: For the white paper on this legislation, go here. For the full text, click here. This legislation is currently drafted with the intention of introduction in the California Assembly or Senate in bill form in January (although no plans have been made as of yet). This legislation, with a few simple amendments, could be modified into initiative form. Any individual may modify this legislation and submit it for circulation.

After seeing the Regulate Marijuana Like Wine Act start to tank in its libertarian ideas -- just check it's massively amended restrictive personal cultivation limitations -- I began to seriously consider the Repeal Cannabis Prohibition Act. I was originally against that initiative proposition due to the fact that it limited possession to 3 pounds, yet allowed for 100 square-foot gardens which could easily produce twice that amount in dried marijuana. In addition, there were no tax rates listed, which I can see the government in the end taking advantage of the commercial industry much as it over-taxes other commodities.

But the Regulate Marijuana Like Wine bans commercial advertising, experimentation, possession and research of Genetically Modified Marijuana, has low cultivation amounts, and sets the age limit at 21. One of the selling points of the Repeal Cannabis Prohibition Act is that it uses the term "adults", allowing persons at the age that they can fight and die for our country to also purchase, consume and cultivate marijuana, as well as work at a "cannabusiness".

To show support for this new initiative, I drafted a bill -- to be introduced shortly after passage on November 6, 2012 in a special session to be held by the Legislature, which might be spun by the media of america as an "emergency session" -- to deal with the issue of marijuana and industrial hemp regulation. As an initiative should be short, clear and to the point, this bill is a work in progress in establishing the industry rules and regulations for California. This establishes very specific details such as: what agents of license holders can lawfully do under California law; what cities and counties can do in prohibiting the public smoking of marijuana and how much of a fine they can impose; it establishes specific tax rates for different types of marijuana transactions (dried marijuana, edible/infused product, concentrated cannabis, etc.). The 3lb. limit is removed, and amounts are not considered in determining commercial activity.

Although the language will no doubt be improved depending on the qualifying and successfully voted initiative, along with other updates along the way, the plan that presumably many libertarians who support the RCP Act would love to see considered is directed in the Regulation of Cannabis Act of 2012.

It is an omnibus bill, and it has been considered to split this up into multiple parts. Behold the Regulation of Cannabis Act of 2012 (fundamentally implementable regardless of passage of an initiative).

--> Repeals most laws pertaining to the use, possession, cultivation, production, sales, transfer, or transportation of marijuana by adults.
--> Allows adults (18+) to possess, cultivate, or transport marijuana for personal use, with a cultivation limit of up to 99 plants or cultivating in a 100-square foot area.
--> No possession limits. Unlawful commercial activity, such as excessive cultivation, or sale of marijuana without a license, are heavy-fine and jail time misdemeanors in most cases.
--> Establishes seven statewide commercial licenses, and provides through-yet-libertarian regulations using the grape wine industry as a model for taxation, and and a combination of the alcohol and tobacco reulatory systems.
--> Legalizes the possession, transport, and cultivation of industrial hemp, and sale of industrial hemp as provided.
--> Permits local governments to reasonably regulate or zone licensed establishments or sales outlets.
--> Prohibits state and local airport police from interfering with adult and medical cannabis possession by travelers, so long as the possession is under 3 pounds or 6 marijuana plants per person.
--> Prohibits people from possessing marijuana on school grounds, and allows cities and counties to prohibit the public consumption of marijuana.
--> Maintains prohibitions against driving while impaired.

Read more here.

Cannabem Liberemus,

CA2012.com