California Cannabis Hemp Initiative 2016
California Cannabis Hemp Act of 2016
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:
I. Add Section 11362.3 to the Health and Safety Code of California, such laws and policies shall control any contrary laws and policies:
(a) No person, business, or corporate entity shall be arrested or prosecuted, be denied any right or privilege, nor be subject to any criminal or civil penalties for the possession, cultivation, transportation, distribution, use, or consumption of cannabis hemp marijuana, as provided in this Act, including:
(1) Cannabis hemp industrial products.
(2) Cannabis hemp medicinal preparations.
(3) Cannabis hemp nutritional products.
(4) Cannabis hemp euphoric products.
(b) Definition of terms:
(1) (A) The terms “cannabis hemp” and “cannabis hemp marijuana” mean the natural, non-genetically modified plant cannabis hemp, hemp, cannabis, marihuana, marijuana, cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis indica, cannabis ruderalis, cannabis sativa, or any variety of cannabis, including any derivative, concentrate, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.
(B) The term “non-genetically modified plant” means a cannabis plant in which the genetic material has not been transgenically or cisgenically altered in a way that would produce offspring which otherwise would not occur naturally by mating and/or natural recombination.
(2) The term “cannabis hemp industrial products” means natural cannabis hemp, regardless of cannabinoid content, and all products made from cannabis hemp that are not designed or intended for human consumption, including, but not limited to: clothing, building materials, paper, fiber, fuel, lubricants, plastics, paint, seed for cultivation, animal feed, veterinary medicine, oil, or any other product that is not designed for internal human consumption; as well as cannabis hemp plants used for crop rotation, erosion control, pest control, weed control, or any other horticultural or environmental purposes, for example, the extraction of atmospheric carbon dioxide and toxic soil reclamation.
(3) The term “cannabis hemp medicinal preparations” means natural cannabis hemp, and all products made from cannabis hemp that are designed, intended, or used for human consumption for the treatment of any human disease or medical condition, for pain relief, or for any healing purpose, including but not limited to the treatment, prevention, or relief of: Alzheimer’s and pre-Alzheimer’s disease, stroke, arthritis, asthma, cancer, cramps, epilepsy, glaucoma, lupus, migraine, multiple sclerosis, nausea, premenstrual syndrome, side effects of cancer chemotherapy, fibromyalgia, sickle cell anemia, spasticity, spinal injury, stress, easement of post-traumatic stress disorder, Tourette syndrome, attention deficit disorder, attention deficit hyperactivity disorder, immunodeficiency, wasting syndrome from AIDS or anorexia; use as an antibiotic, antibacterial, anti-viral, or anti-emetic; as a healing agent, or as an adjunct to any medical or herbal treatment. Mental conditions including, but not limited to bipolar, depression, attention deficit disorder, or attention deficit hyperactivity disorder are also conditions considered for medical use.
(4) The term “cannabis hemp nutritional products” means natural cannabis hemp grown for consumption by humans and animals as food, including but not limited to leaf, root, seed, seed protein, seed oil, essential fatty acids, seed cake, dietary fiber, or any preparation or extract thereof.
(5) The term “cannabis hemp euphoric products” means natural cannabis hemp intended for consumption by people for personal, recreational, meditative, spiritual, religious, or other purpose, other than cannabis hemp industrial products, cannabis hemp medicinal preparations, or cannabis hemp nutritional products.
(6) The term “personal use” means the consumption of cannabis hemp by people 21 years of age or older for any relaxant, meditative, religious, spiritual, recreational, or other purpose other than sale.
(7) The term “commercial production” means the production of cannabis hemp products for sale or profit under the conditions of these provisions.
(c) Industrial cannabis hemp farmers, manufacturers, processors, distributors, medicinal collectives, and retailers shall not be subject to any special zoning requirement, regulation, licensing fee, or tax that is excessive, discriminatory, or prohibitive.
(d) Cannabis hemp and cannabis hemp medicinal preparations are hereby reclassified and de-scheduled from the California Uniform Controlled Substances Act. Licensed physicians shall not be subject to any professional licensing review or hearing, nor be penalized for, nor restricted from, approving or recommending cannabis hemp for medical purposes to any patient, regardless of age. No tax shall be applied to cannabis hemp medicinal preparations. Sufficient community outlets shall be allowed to provide reasonable and discreet access for patients. For the purpose of obtaining access to safe, effective medicinal cannabis, a patient may designate, at any time, any individual, or any collective and/or dispensary established to provide such cannabis hemp medicinal preparations, as their primary caregiver.
(e) Personal use of cannabis hemp euphoric products.
(1) No permit, license, or tax shall be required for the non-commercial cultivation, transportation, distribution, or consumption of cannabis hemp.
(2) No person shall be required to submit to testing for inactive and/or inert residual cannabis metabolites as a condition of any right or privilege including employment or insurance, nor may the presence of such metabolites be considered in determining employment, other impairment, or intoxication. Testing for active (not metabolized) cannabis may be used and considered in determining impairment or intoxication.
(3) When a person falls within the conditions of these exceptions, the offense laws do not apply and only the exception laws apply.
(f) Commerce in cannabis hemp euphoric products shall be limited to adults, 21 years of age and older, and shall be regulated in a manner analogous, and no more onerous than California’s beer and wine model. For the purpose of distinguishing personal from commercial production, 99 flowering female plants and 12 pounds of dried, cured cannabis hemp flowers, but not leaf, produced per adult, 21 years of age and older, per year shall be presumed as being for personal use.
(g) The manufacture, marketing, distribution, or sales, between adults, of equipment or accessories designed to assist in the planting, cultivation, harvesting, curing, processing, packaging, storage, analysis, consumption, or transportation of cannabis hemp plants, industrial cannabis hemp products, cannabis hemp medicinal preparations, cannabis hemp nutritional products, cannabis hemp euphoric products, or any cannabis hemp product shall not be prohibited, except as provided in this Act.
(h) No California law enforcement personnel, State or local employees of any kind, or funds shall be used to assist or aid and abet in the enforcement of Federal cannabis hemp marijuana laws involving acts that are hereby no longer illegal in the State of Californiahttp://cchi2016.org/fulltext.html
California Cannabis Hemp Initiative 2016