Sunday, August 21, 2011

REPEAL CANNABIS PROHIBITION Act of 2012 Initiative filed 8/19/11 in Sacramento

REPEAL CANNABIS PROHIBITION Act of 2012 Initiative filed 8/19/11 in Sacramento
Press release, text, and what you can do to help!

In this issue:
1. REPEAL CANNABIS PROHIBITION Act of 2012, (RCPA of 2012) Initiative filed Friday 8/19/11 in Sacramento
Press release and full text below. The entire initiative is only 753 words!

2. Save the Date for our first benefit for the RCPA of 2012:
Saturday October 1, 2011, 7pm- Midnite
East Bay Location "to be announced"
We will be looking for people who can donate time, skills, or money to this historic race over the next 15 months.


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://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

###


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"

We will be looking for people who can donate time, skills, or money to this historic race over the next 15 months. The first part will be the hardest, and most telling: the signature drive.
We estimate we will need $1.25 million dollars for the signature gathering drive and lots of grass roots volunteers, to show the bigger money people that we Californians are ready to Repeal Cannabis Prohibition!

We will have a campaign website up and running soon, but we need funds NOW
I suggest our sliding scale for this first benefit get-together should be $25.00-$1,000.00 (and upwards for those who have the means). The sliding scale can be lower for those who have the time to seriously volunteer for this historic campaign. Are you ready for the next 15 months leading up to the November 6, 2012 election? I am, and I'm excited!

Untile we get the campaign website up and running, we'll take initial pledges/RSVP's by email at:
info@DrLucido.com
or
call my office at 510-848-0958 ext 0, speak to Melissa or Shante



Excitement is building!
Initiative Fever: Catch it! (with apologies to Major League Baseball!)

Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
Berkeley Ca
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

ps: New Primary Care Patient introductory rate now extended until October, 2011
http://drfranklucido.blogspot.com/2011/03/new-primary-care-patient-special-as-of.html
We are not on any insurances; a deal-breaker for some,
but the uninsured think we're a good deal.
NOTE: our Primary Care patients also get a steep reduction in their Medical Cannabis Evaluation fee.
Your Family Doctor in Berkeley since 1979!


DrFrank will also meet with any physicians who would like to be part of AIMLegal.org and take my certification training.
http://aimlegal.blogspot.com/
http://aimlegal.org/
http://www.drfranklucido.com/pages/aimlegal.org-expert-witness-locator.php

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Dr Frank Lucido's Blog: PotShots from the Bully Pulpit: Everyone’s Entitled to My Opinion


Medical Cannabis has been legal under state law in California since passage of the California Compassionate Use Act of 1996 ("Prop 215" or California Health & Safety Code 11362.5) under a certain conditions.
Unfortunately, it is still illegal even for legitimate patients, under Federal law (Gonzales v Raich Supreme Court case).

Physicians making appropriate recommendations, are also protected under State law, when acting appropriately.
Furthermore, physicians are also protected Federally by Conant v McCaffrey (Federal District Court) and Conant v Walters (Federal Appellate Court) as long as they do not aid and abet a patient in breaking Federal Law. On further appeal by the Federal government, the Supreme Court declined to take the case. Therefore, physicians are the ONLY ones protected all the way to the Supreme Court, as long as they do not "aid and abet" a patient in breaking Federal law.

The purpose of this blog is to discuss for patients, physicians, caregivers and other patients advocates, who, in my experience, is most protected, and under what circumstances, and to discuss to what extent the inability of the State of California to regulate cannabis (due to Federal threats and interference) has led to the "wild west" atmosphere that the newspapers love to write about (you know: "Man bites dog" will always sell more papers than "Dog bites man".)

This is my effort to "clean up Dodge". I know I am not alone in this. There are good physicians, good caregivers, and lots of sick patients. I aim to let people know how to spot the good, and avoid the others.