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解決策
禁止法廃止
It's been done before in 1933
A few years back I wrote the following initiative measure for California to end prohibition. It certainly should be adopted by the California Leaders, and if not by the people. With the 2001 power crisis upon us we need to press for acceptance of bio-mass energy crops, to fuel the 31 bio-mass generators in California that sit unused half the year for lack of fuel.
INITIATIVE MEASURE
TO BE SUBMITTED DIRECTLY TO THE VOTERS
TO THE HONORABLE SECRETARY OF THE STATE OF CALIFORNIA
We, the undersigned, registered, qualified voters of California, residents of the fore-describedCounty (or City and County), hereby propose changes to the Health and Safety CodeSections 11357- 11362 relating to the Cannabis sativa plant by whatever name, and petitionthe Secretary of State to submit the same to the voters of California for their adoption orrejection at the next succeeding primary or general election or at any special statewideelection held prior to that primary or general election or otherwise provided by law.
The proposed statutory initiative reads as follows.
THE CANNABIS SATIVA ACT OF 2000
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
HEALTH AND SAFETY CODE SECTIONS 11357- 11362.
SECTION 1.
TITLE
This initiative shall be known as the Cannabis sativa Act of 2000 A.D.
SECTION 2.
FINDINGS AND DECLARATIONS
A. The People of the State of California find and declare that since the United States FederalGovernment is forbidden by law to control farm production as it has with the plant Cannabissativa in California (see U.S. v. Butler, 297, U.S. I, 1936), hasinterfered with medical use of the plant Cannabis sativa under theCompassionate Use Act of 1996, in violation of the spirit and intent of the U.N. Single Convention Treaty, and has continually (from the U.S.Marijuana Tax StampAct of 1937, to the present) subjected us to silenceon the benefits of Cannabis hemp, andthe safety of medical Cannabis,while mounting the most pernicious campaign against therights andprivileges of California citizens who choose to use what is our inalienableright touse, plants given to us by the Creator, including the plantCannabis sativa.
B. The People of the State of California find and declare that physicians, caregivers,producers and patients are continually being harassed, arrested and prosecuted for therecommendation, transportation, distribution and use of cannabis for medical purposes.
C. The People of the State of California find and declare that the development and use ofCannabis sativa (hemp) as a basic natural renewable resource is in the best interest of thestate economy and that the development of Cannabis sativa for the production of hemp andhemp products can be of tremendous medical, environmental and social advantage.
D. The People of the State of California find and declare that the safety of Cannabis sativa(no overdose deaths in recorded history, no toxicity), warrant removal of the plant from theSchedules of the Controlled Substances Act, thereby re-establishing Cannabis sativa as afree market agricultural resource.
E. The People of the State of California find and declare that due to the safety and lack oftoxicity and many medical applications of Cannabis sativa, the government is not warrantedto invade the privacy of the family unit on adolescent use of Cannabis, unless due process isused. Control of Cannabis sativa use in the home is in the proper purview of parents orguardians of underage Californians.
SECTION 3.
PURPOSES
A. Therefore, be it resolved that the People of California do hereby declare that thepurpose of the Cannabis sativa Act of 2000 A.D. is to re-establish as an inalienable rightof liberty of the people of California to use, grow, farm and develop economically theplant Cannabis sativa free of interference by the United States Federal Government,pursuant to the Ninth and Tenth Amendments to the Constitution of the United States.
B. Therefore, be it resolved that the People of the State of California do hereby recognizethe medical value of cannabis, and do hereby propose this Cannabis sativa Act of 2000A.D. with the intent to authorize physicians to prescribe, pharmacists to dispense,producers to supply, and patients to use with or without a prescription Cannabis sativafor medical purposes, with the full protection of the law of the land given an inalienableright.
SECTION 4.
DEFINITION OF MEDICAL USE
Medical use shall be defined as the personal consumption in any manner of any form ofCannabis sativa for any medical purpose as determined by an adult citizen of Californiaor determined by the parent or guardian of underage Californians. This is an inalienableright of liberty for Californians.
SECTION 5.
EXCLUSION OF PRIOR ACTS
The Cannabis sativa Act of 2000 A.D. shall be construed to repeal, delete, expunge,deny or abridge any California Statute or Code, criminal or civil, relating to theCannabis sativa plant.
SECTION 6.
PRESCRIPTION BY A LICENSED PHYSICIAN
Any prescription issued by a licensed physician in the State of California for medicalCannabis shall conform to the standard format of a prescription and recommendationsof medical Cannabis sativa for any medical purpose may be made as deemedappropriate by the physician or the patient, recognizing the inalienable right of thepatient to the plant.
SECTION 7.
DISPENSING BY A PHARMACIST
Any pharmacist licensed in the State of California may purchase, transport, store anddispense Cannabis sativa for the purpose of filling a prescription issued by a physician. All Cannabis sativa sold by licensed pharmacists must be organically produced inaccordance with the California Organic Food Act of 1990. No special form orprocedure shall be required of a pharmacist filling a prescription for Cannabis sativa.
SECTION 8.
ZONING RESTRICTIONS
Zoning restrictions regarding the cultivation of Cannabis sativa for industrial purposes may be set forth by the proper authorities in the same manner as with any other food, agricultural or industrial enterprise.
SECTION 9.
FREEDOM FROM HARASSMENT
A. People engaged in the activities described in this Act shall be free from harassment by any and all authorities.
B. "Harassment" shall be defined as any act departing from the norm observed in the course of inspecting or supervising a commercial agricultural enterprise, including, but not limited to, aerial surveillance of a kind not customary to a commercial agricultural enterprise.
SECTION 10.
CEASING PROSECUTION, VACATING SENTENCES, RELEASING FROM PRISON, EXPUNGING OF RECORDS
A. Enactment of this initiative shall include: release from prison, jail, parole and probation, and clearing, expungement and deletion of all criminal records for all persons currently charged with, or convicted of any Cannabis sativa offenses includedin this initiative which are hereby no longer illegal.
B. Evidence of criminal proceedings involving the plant Cannabis sativa which underthis initiative are no longer illegal shall be expunged from a defendant's record within30 days of the passage of this Act.
SECTION 11.
LIBERAL CONSTRUCTION
This Act is an exercise of the public power of the state for the protection of the health,safety, and welfare of the people of the State of California, and shall be liberallyconstrued to effectuate these purposes.
SECTION 12.
SEVERABILITY
The provisions of this Act are severable. If any provision of this Act or the applicationthereof to any person or circumstance is held invalid, that invalidity shall not affect anyother provision or application of this Act which can be given effect without the invalidprovision or application, and to this end the provisions of this Act are severable.
SECTION 13.
CONFLICTING MEASURES
If this measure is approved by the voters but superseded by any other conflicting ballot measure approved by more voters at the same election, and the conflicting ballot measure is later held invalid, it is the intent of the voters that this Act shall be self-executing and given full force of the law.
SECTION 14.
EFFECTIVE DATE
This Act shall become effective immediately upon its approval by the voters.
SECTION 15.
SELF-EXECUTION
This Act shall be self-executing.
SECTION 16.
AMENDMENT
This Act shall not be altered or amended except by a vote of the people.
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