DrFrank: Michigan (Nov 23, 28, 29); RCPA 2012 panel, Berkeley (Dec. 3, 1:30-3:30pm)

DrFrank: Michigan (Nov 23, 28, 29); RCPA 2012 panel, Berkeley (Dec. 3, 1:30-3:30pm)

Repeal Cannabis Prohibition Act of 2012: RCPA 2012
We are about to start our petition drive.
We have 5 months, until 4/20/12, to collect 505,000 valid signatures from registered voters.
Volunteer, Donate to RCPA 2012 now at www.SensibleCalifornia2012.org


Join us Dec. 3, 1:30-3:30pm
Repeal Cannabis Prohibition Act of 2012
The future of Cannabis as Medicine and how repeal will help patients.
Dr Frank Lucido, (and panel of experts to be announced)
Berkeley Public Library
More info below.


Nov 23 in East Lansing, Michigan area
Nov 28, 29: Possible Ann Arbor/Detroit availability
Dr Frank Lucido in Michigan, and able to consult with cannabis patients
Michigan office: 877-787-6900
(24 hr voice mail/page to my cell phone)



REPEAL ! : An idea whose time has come!

I am heartened by the grass-roots support that is out there for our initiative!
We had over 75 people attend the RCPA Kick-off event at my home on October 1. Great party, and a good 1st fundraiser.
And we have our work cut out for us: This will not be an easy struggle, but if we get on the California ballot, I think we have a great shot at winning. Let's make this happen.

TIMELINE:
We are about to start our petition drive. PRESS RELEASE SOON.
We have 5 months, until 4/20/12, to collect 505,000 valid signatures from registered voters.
We will need volunteers for the signature drive....and money.
Volunteer, Donate to RCPA 2012: www.SensibleCalifornia2012.org
Now is the time to Repeal Cannabis Prohibition.

Full text at:
http://ag.ca.gov/cms_attachments/initiatives/pdfs/i989_11-0046_(repeal_cannabis).pdf

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012 on my blog at:
http://drfranklucido.blogspot.com/2011/11/drfranks-analysis-of-repeal-cannabis.html

Short and simple. 2 pages. 832 words. Read it and smile.
In short:
The RCPA 2012:
-REPEALS all criminal prohibitions on cannabis related conduct for adults, 19 and over.
-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
-MAINTAINS medical rights for patients.
-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.


-Dec. 3, 1:30-3:30pm
Repeal Cannabis Prohibition Act of 2012
The future of Cannabis as Medicine and how repeal will help patients.
Dr Frank Lucido, (and panel to be announced)
Berkeley Public Library
2090 Kittredge St.. Berkeley, Ca
Community Meeting Room, 3rd floor
(enter on Kittredge St, then take elevator to 3rd floor Community Meeting Room)
RSVP to info@DrLucido.com or call office 510-848-0958
No admission charge
(this event is not sponsored by the Berkeley Public Library, but they have been gracious enough to allow the use of the space)


-Dec 8-12 MAPS 25th Anniversary Conference
(Multidisciplinary Association for Psychedelic Studies)
MAPS is commemorating 25 years of boundary-breaking research and education with a one-of-a-kind conference December 8-12th at the Oakland Marriot in Oakland, California.
Cartographie Psychedelica: Celebrating 25 Years of Research & Education
http://www.maps.org/conference/25/
******Among the exciting events that are part of this conference is one put on by my dear friends and colleagues from the Women's Visionary Council: Annie Oak, Maria Mangini PhD, and Carolyn Garcia
DEFENDING PSYCHEDELIC CULTURE
MONDAY, DECEMBER 12, 9:00 AM-5:00 PM
More info and bios http://www.maps.org/conference/25/post-conference_workshop_the_womens_visionary_congress/
(Some of you attended the Women's Visionary Congress alongside me in Petaluma earlier this year, and have an idea of what a great workshop this is sure to be.)


-Dec 23
Save the Date -- Festivus - the holiday for the rest of us! Dec. 23, 2011
Check in with www.green-aid.com for details
This party/fundraiser for Green-Aid is always a blast and I plan to be there.
You should too.


Earlier this month, on Nov 8, I was on a panel, along with Dale Gieringer PhD, and Arif Kahn MD
on Health Radio, interviewed by Melanie Cole MS:
Medical Marijuana: The Science and the Medicine New!Featured Popular
Show: Is It Medicine? The Medical Marijuana Debate
http://www.healthradio.net/component/mtree/Health-Radio-Shows/Is-It-Medicine-3F-The-Medical-Marijuana-Debate/Medical-Marijuana-3A--The-Science-and-the-Medicine-45664/details
Melanie has a great interviewing style, and allowed the 3 of us adequate time to discuss a number of important issues.
Full 52 minute panel available online






Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
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)

Dec. 3, 1:30-3:30pm Repeal Cannabis Prohibition Act of 2012 panel and Q & A

Dec. 3, 1:30-3:30pm

Repeal Cannabis Prohibition Act of 2012 panel and Q & A
The future of Cannabis as Medicine and how repeal will help patients.

Dr Frank Lucido, (and panel of experts to be announced)
Berkeley Public Library
2090 Kittredge St.. Berkeley, Ca
Community Meeting Room, 3rd floor
(enter on Kittredge St, then take elevator to 3rd floor Community Meeting Room)
RSVP to info@DrLucido.com or call office 510-848-0958

No admission charge
(this event is not sponsored by the Berkeley Public Library, but they have been gracious enough to allow the use of the space)

Nov 21-23 Dr Frank Lucido in Michigan (?Nov. 28,29?)

---Nov 21-23 Dr Frank Lucido in Michigan, and able to consult with cannabis patients

I'll be seeing patients in Lansing, Michigan area on the following dates:
Office hours noon-3pm to begin with. I could go earlier or later if needed on some of those days.
If you have friends or relatives who would like to see me, please have them call my Berkeley office to schedule.
510.848.0958 Berkeley

It the above times don't work for you,
I may be around through the Thanksgiving weekend and fly out of Detroit Metro Tuesday early evening Nov 29.
Michigan office: 877-787-6900
(24 hr voice mail/page)

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012:
Federal preemption-proof

In case you haven't read it yet, I post the entire initiative below, with my comment on each section.

Our website is now up and running!
http://sensiblecalifornia2012.org
You can sign up now to receive all communications from the campaign, as well as to donate and volunteer if you are able to.

Short and simple. 2 pages. 832 words.
In short:
The RCPA 2012:
-REPEALS all criminal prohibitions on cannabis related conduct for adults, 19 and over.
-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
-MAINTAINS medical rights for patients.
-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.

Let's look at the initiative.
My comments below each section:

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, and 11427 are added to the Health and Safety Code, to read:

11420(a). This Act shall be known and 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 Section 11018 and „concentrated cannabis‰ as defined in Section 11006.5.

so that's the preamble/purpose.

Now here's the meat, with my commentary below each section.
Please read it and give me your feedback.
Thanks!
Frank Lucido MD

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.

-REPEALS all criminal prohibitions and punishments on cannabis related conduct for adults
All criminal statutes regarding cannabis/marijuana are repealed by this initiative.

(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 Cannabis Commission the opportunity to enact commercial cannabis regulations.

Sales prohibition repeal is delayed 6 months, to give the newly created California Cannabis Commission time to enact commercial cannabis regulations.

The feds are in a bind, and have 2 choices:

1. The feds allow this to happen,
and cannabis sales between adults ARE LEGAL and REGULATED.

2. The feds preempt the CCC from doing this,
and cannabis sales between adults ARE LEGAL and UNTAXED

Check-Mate!

11422. It shall not be a crime or public offense for an adult, 19 years of age or older, to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.

Age 19 keeps it out of High School, and still sends the message that it's safer than alcohol.

11423(a). A new state commission is hereby created and shall be named the California Cannabis Commission which shall be empowered to establish and 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. The Legislature is hereby empowered to define the organizational structure and membership of the California Cannabis Commission.

(b) Any regulations created by the California Cannabis Commission may not infringe 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 per adult provided that the processed cannabis was not sold or purchased pursuant to subdivision (a).

(c) The California Cannabis Commission may regulate the smoking of cannabis in public.

-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.
Any personal amounts under 3 pounds and 100 sq. ft. of plant canopy per adult (19 and over) is not subject to regulation, or taxation.

Sounds like a lot?
An adult in California and most states, can home-brew up to 100 gallons of beer a year (maximum 200 gallons per household).
They are not limited to a 6-pack or a case of beer.
see: California Alcoholic Beverage Control department:
http://www.abc.ca.gov/forms/abc616nr.pdf
"An exception under State and Federal law allows a person to produce up to 100 gallons of beer a year for his/her own consumption (maximum of 200 gallons per household). See also Small Beer Manufacturer (Type 23) for brewpubs and micro-breweries."

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.

Local jurisdictions may not limit, but may enhance our rights under this Act.

11425. This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code §11362.5 through §11362.83.

-MAINTAINS medical rights for patients under Prop 215 (California Compassionate Use Act) and SB420 (Medical Marijuana Program Act)

11426(a). Except as authorized by law, every person under the age of 19 who possesses, cultivates, transports, or distributes cannabis shall be guilty of a misdemeanor or an infraction.

(b) Except as authorized by law, every person 19 years of age or older who furnishes cannabis to a person under the age of 19 shall be guilty of a misdemeanor or infraction.

-MANDATES strict rules against unlawful distribution to or by minors, under 19 years of age.

(c) Cannabis related conduct that contributes to the delinquency of a minor shall continue to be punished by Penal Code section 272. Driving while impaired by cannabis shall be punished 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.

-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
The sentence defining impairment is from the jury instructions given in California DUI cases.

11427. If any word, sentence, clause, or 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.

The RCPA is silent on the work place. Employers already have the ability to discipline workers who are impaired, whether that impairment is due to legal or illegal drugs, alcohol, lack of sleep, etc. They just won't be able use a drug test that is meaningless in determining impairment.

Repeal Cannabis Prohibition Act of 2012 -Endorsement and Publicity Release

Publicity Release

I, _______________________________­­­­­­­­­­___________________ [PLEASE PRINT]

hereby declare my support of the Repeal Cannabis Prohibition Act of 2012, which would add Sections 11420 et seq. to the California Health and Safety Code.

I give Sensible California permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any publicly available pictures, photos, video recordings, audiotapes, digital images, and the like. I agree that Sensible California has permission to use my name, likeness, image, voice, and/or appearance, and may use them for any purpose consistent with the Sensible California’s mission, which is to get the Repeal Cannabis Prohibition Act of 2012 on the California ballot and approved by the voters. These uses include, but are not limited to media releases, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation for the use of my name, likeness, etc., and hereby release Sensible California and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.

I have read and understood this consent and release.

I give my consent to Sensible California to use my name and likeness to promote the Repeal Cannabis Prohibition Act of 2012.

signature ________________________________________________Dated: _______, 2011

CONTACT:

Email(s):________________________________________________________

Phone___________________________________________

Mailing address________________________________

Your quote regarding the Repeal Cannabis Prohibition Act of 2012:

__________________________________________________

___________________________________________________

___________________________________________________

__________________________________________________

_____________________________________________________

©2011 Sensible California

PO Box 282, Santa Rosa, CA 95402

(707) 520-4205

Facebook: “Repeal Cannabis Prohibition”

http://sensiblecalifornia2012.orgcur

current text at: http://drfranklucido.blogspot.com/2011/10/repeal-cannabis-prohibition-act-of-2012_16.html