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.

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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 The following statutes are hereby repealed from the Health and Safety Code: Section 11054(d)(13), Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361.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.