HaCKeRz Kr0nlcKLeZ 1/HaCKeRz Kr0nlcKLeZ.iso/drugs/co.hemp.initiative.94

Text File | 1996-05-06 | 13.8 KB | 387 lines

Newsgroups: alt.hemp,alt.drugs,talk.politics.drugs
From: [e-mail] (Boulder HIP)
Subject: Text of the Colorado Hemp Initiative
Message-ID: <[e-mail]>
Date: Wed, 19 Jan 1994 22:41:59 GMT

        COLORADO HEMP INITIATIVE 1994


(Only 100,000 signatures between Colorado
hemp supporters and ballot status in Nov. 1994!!!)

************************************************************************
                BALLOT TITLE


      SHALL THERE BE AN AMENDMENT TO THE COLORADO CONSTITUTION TO
LEGALIZE THE USE, SALE, AND POSSESSION OF HEMP AND CANNABIS
(MARIHUANA) BY ADULTS; TO DEFINE HEMP AS THE PARTS OF THE CANNABIS
PLANT WITHOUT DRUG EFFECT; TO PROHIBIT THE USE, SALE, OR POSSESSION
OF CANNABIS BY MINORS EXCEPT WHEN PRESCRIBED FOR MEDICINAL
PURPOSES; TO ALLOW REGULATION AND TAXATION OF CANNABIS BY STATE
AND LOCAL AUTHORITIES, WITHIN LIMITS; TO ALLOW CITIES AND COUNTIES TO
RESTRICT OR PROHIBIT THE COMMERCIAL SALE OF CANNABIS AND CERTAIN
CANNABIS PRODUCTS UPON A VOTE OF THE PEOPLE;
TO REQUIRE THAT STATE REGULATION OF CANNABIS AND THE PENALTIES FOR
UNLAWLFUL ACTS INVOLVING CANNABIS BE EQUIVALENT TO OR LESS
RESTRICTIVE THAN CURRENT STATUTES RELATING TO BEER; AND TO GRANT
AMNESTY TO PERSONS PREVIOUSLY CONVICTED OF CANNABIS-RELATED ACTS
WHICH ARE NO LONGER UNLAWFUL?

***************************************************************
INITIATIVE LANGUAGE

Cannabis and Hemp Re-legalization Amendment

Be it Enacted by the People of the State of Colorado:

Article XXII of the Constitution of the State of Colorado,
1876, as amended, is amended by the addition of the
following NEW SECTION, to read:

           Intoxicating Liquors
           REPEAL OF PROHIBITIONS

SECTION 2. REPEAL OF MARIHUANA AND MARIHUANA
CONCENTRATE LAWS.

(1)       DEFINITIONS.

     (a)     "CANNABIS" MEANS THE FLOWERING BUDS
OR RESINS OF THE FEMALE CANNABIS SATIVA PLANT,
CONTAINING MORE THAN 1.0 PER CENT ORGANIC
CANNABINOID COMPOUNDS, OR ANY DERIVATIVE,
PREPARATION, COMPOUND, OR MIXTURE OF MORE
THAN 1.0 PER CENT CANNABINOIDS, WHETHER
NATURALLY OBTAINED OR SYNTHESIZED.
     (b)     "CANNABIS MEDICINAL PRODUCTS" MEANS
ALL COMMERCIAL CANNABIS DRUG PRODUCTS IN ANY
DOSAGE FORM (INCLUDING, BUT NOT LIMITED TO,
NATURAL FLOWERS, CHEWING FORMULATIONS OR
SMOKING PREPARATIONS) THAT ARE DESIGNED,
INTENDED AND MARKETED BY VENDORS OR
MANUFACTURERS WITH HEALTH CLAIMS, INCLUDING,
BUT NOT LIMITED TO, TREATMENT FOR ANY OF THE
FOLLOWING CONDITIONS: ANOREXIA, ANXIETY,
ASTHMA, CHRONIC PAIN FROM ANY CAUSE
(INCLUDING ARTHRITIS OR MIGRAINE HEADACHE),
DEPRESSION, EPILEPSY OR SEIZURES, GLAUCOMA,
INSOMNIA, MUSCLE SPASM OR SPASTIC CONDITIONS
AND OTHER NERVOUS SYSTEM DISORDERS
(INCLUDING MULTIPLE SCLEROSIS), NAUSEA AND
VOMITING DUE TO CANCER CHEMOTHERAPY OR
OTHER CAUSES, STRESS, OR OTHER THERAPEUTIC
USES WHICH MAY BE ASCERTAINED BY FUTURE
RESEARCH.
     (c)     "CANNABIS PERSONAL USE" MEANS THE
NON-COMMERCIAL CULTIVATION, POSSESSION,
CONSUMPTION, AND USE BY AN ADULT PERSON
TWENTY-ONE (21) YEARS OF AGE OR OLDER, OF SIX (6)
KILOGRAMS OR LESS ANNUALLY OF CANNABIS FEMALE
FLOWERS AT NO MORE THAN TWENTY (20) PER CENT
MOISTURE CONTENT.
     (d)     "CANNABIS PRODUCER" MEANS A
BUSINESS ENTITY COMPRISED OF INDIVIDUALS
TWENTY-ONE (21) YEARS OF AGE OR OLDER WHICH
CULTIVATES THE CANNABIS SATIVA PLANT IN
COLORADO TO YIELD CANNABIS FOR SALE.
     (e)     "CANNABIS PRODUCTS" MEANS ALL
COMMERCIAL PRODUCTS THAT INCLUDE CANNABIS,
MARKETED BY VENDORS OR MANUFACTURERS
WITHOUT HEALTH CLAIMS, IN ANY DOSAGE FORM
(INCLUDING, BUT NOT LIMITED TO, NATURAL FLOWERS,
CHEWING FORMULATIONS OR SMOKING
PREPARATIONS).
     (f)     "HEMP" MEANS THE  ENTIRE CANNABIS
SATIVA PLANT, WHETHER MALE OR FEMALE, EXCEPT
FOR CANNABIS. CANNABIS SATIVA HAVING 1.0 PER
CENT OR LESS CANNABINOIDS IS HEMP AND SHALL
NOT BE CONSIDERED TO HAVE PSYCHOACTIVE
PROPERTIES.
     (g)     "HEMP NUTRITIONAL PRODUCTS" MEANS
ALL PRODUCTS MADE FROM HEMP DESIGNED OR
INTENDED AS FOOD, INCLUDING, BUT NOT LIMITED TO:
WHOLE SEEDS, SEED PROTEIN, SEED OIL, SEED CAKE,
OR SIMILAR PREPARATIONS.
     (h)     "HEMP PERSONAL USE" MEANS THE
NON-COMMERCIAL CULTIVATION, MANUFACTURE,
POSSESSION, CONSUMPTION, AND USE BY ANY ADULT
PERSON TWENTY-ONE (21) YEARS OF AGE OR OLDER
OF ANY AMOUNT OF HEMP.
     (i)     "HEMP PRODUCER" MEANS A BUSINESS
ENTITY COMPRISED OF INDIVIDUALS TWENTY-ONE (21)
YEARS OF AGE OR OLDER WHICH CULTIVATES THE
CANNABIS SATIVA PLANT IN COLORADO TO YIELD
HEMP FOR SALE.
     (j)     "HEMP PRODUCTS" MEANS ALL PRODUCTS
MADE FROM HEMP THAT ARE NOT DESIGNED OR
INTENDED FOR FOOD, INCLUDING, BUT NOT LIMITED
TO, CORDAGE, FIBER, FUEL, PAINT, PAPER, PARTICLE
BOARD OR OTHER FORMED CONSTRUCTION
MATERIALS, PLASTICS, OR SEED FOR CULTIVATION.
     (k)     "STATE OF COLORADO" MEANS THE STATE
OF COLORADO, ANY OF ITS BRANCHES,
DEPARTMENTS, AGENCIES, OR POLITICAL
SUBDIVISIONS.


(2)     ON THE FIRST DAY OF JANUARY FOLLOWING THE
ELECTION WHICH ENACTS THIS AMENDMENT, ALL
STATUTORY LAWS, ORDINANCES, PROHIBITIONS, OR
REGULATIONS OF THE STATE OF COLORADO
PREVIOUSLY ENACTED CONCERNING OR RELATING TO
CANNABIS, MARIHUANA, MARIJUANA, MARIHUANA
CONCENTRATE, SYNTHETIC CANNABINOID
COMPOUNDS, OR TETRAHYDROCANNABINOLS, AS
DEFINED IN CURRENT COLORADO REVISED STATUTES,
SHALL BECOME VOID AND OF NO EFFECT WITH
REGARD TO CANNABIS, MARIHUANA, MARIJUANA,
MARIHUANA CONCENTRATE, SYNTHETIC CANNABINOID
COMPOUNDS, OR TETRAHYDROCANNABINOLS, EXCEPT
AS PROVIDED HEREIN; BUT ALL OTHER PARTS OF
SUCH STATUTES SHALL OTHERWISE REMAIN IN
EFFECT.

(3)     BEGINNING JANUARY 1ST FOLLOWING THE
ELECTION WHICH ENACTS THIS AMENDMENT, THE
COMMERCIAL CULTIVATION, MANUFACTURE,
DISTRIBUTION AND SALE OF ALL CANNABIS, CANNABIS
MEDICINAL PRODUCTS, CANNABIS PRODUCTS, HEMP,
HEMP NUTRITIONAL PRODUCTS, OR HEMP PRODUCTS,
WHOLLY WITHIN THE STATE OF COLORADO, SHALL,
SUBJECT TO THE CONSTITUTION OF COLORADO, BE
PERFORMED EXCLUSIVELY BY OR THROUGH SUCH
AGENCIES AND UNDER SUCH REGULATIONS AS MAY
HEREAFTER BE PROVIDED BY STATUTORY LAWS OF
THE STATE OF COLORADO.

(4)       ALL LAWS OF THE STATE OF COLORADO SHALL
ALWAYS:

     (a)     USE THE FOLLOWING TERMS AS DEFINED
IN THIS SECTION 2 WHEN MENTIONED IN ANY
STATUTORY LAW: CANNABIS, CANNABIS MEDICINAL
PRODUCTS, CANNABIS PERSONAL USE, CANNABIS
PRODUCER, CANNABIS PRODUCTS, HEMP, HEMP
NUTRITIONAL PRODUCTS, HEMP PERSONAL USE, HEMP
PRODUCER, AND HEMP PRODUCTS, AND SHALL NOT
USE THE TERMS: MARIHUANA, MARIJUANA, OR
MARIHUANA CONCENTRATE IN ANY CONTEXT;
     (b)     CONFORM TO THE PRINCIPLES AND
LIMITATIONS EMBODIED IN THIS CONSTITUTION;
     (c)     TREAT HEMP EITHER EQUALLY OR LESS
RESTRICTIVELY THAN COMMERCIALLY PRODUCED
CEREAL AND FIBER CROPS UNDER THE LAWS OF THE
STATE OF COLORADO;
     (d)     TREAT CANNABIS AND CANNABIS
PRODUCTS EITHER EQUALLY OR LESS RESTRICTIVELY
WITH REGARD TO UNLAWFUL ACTS, PROHIBITIONS OR
PENALTIES FOR ANY OFFENSE THAN FERMENTED
MALT BEVERAGES (BEER) AS DEFINED IN COLORADO
REVISED STATUTES AS OF JANUARY 1993;
     (e)     AUTHORIZE BEHAVIOR TESTS TO
DETERMINE IMPAIRMENT DUE TO CANNABIS, WHERE
SUCH IMPAIRMENT MIGHT RESULT IN AN ACT THAT
ADVERSELY AFFECTS THE PUBLIC SAFETY, INCLUDING,
BUT NOT LIMITED TO, THE OPERATION OF INDUSTRIAL
EQUIPMENT OR A MOTOR VEHICLE, SUCH AS THE
ROADSIDE SOBRIETY TEST FOR ALCOHOL IMPAIRMENT,
OR A SIMILAR TEST OF REFLEXES AND RESPONSES TO
DETERMINE MENTAL AND/OR PHYSICAL ACUITY;
     (f)     PROHIBIT THE USE OF ANY CHEMICAL TEST
FOR THE PRESENCE OF CANNABIS OR CANNABIS
METABOLITES AS A CONDITION OF EMPLOYMENT OR
ANY INSURANCE COVERAGE OR BENEFITS; OR FOR
CREATING A PRESUMPTION OF IMPAIRMENT BY
CANNABIS;
     (g)     AFFIRM THAT CANNABIS PERSONAL USE
FOR ANY PURPOSE AND HEMP PERSONAL USE FOR
ANY PURPOSE SHALL NOT BE SUBJECT TO ANY
REGULATION, RESTRICTION, PERMIT OR LICENSE,
PROHIBITION, STATUTORY LAW, OR TAX ENACTED BY
THE STATE OF COLORADO;
     (h)     AFFIRM THAT PERSONS TWENTY-ONE (21)
YEARS OF AGE OR OLDER, SHALL NOT BE:
PROSECUTED, DENIED ANY RIGHT OR PRIVILEGE, BE
SUBJECT TO ANY PROPERTY FORFEITURE, NOR BE
SUBJECT TO CRIMINAL OR CIVIL PENALTIES FOR THE
CULTIVATION, POSSESSION, OR CONSUMPTION OF
HEMP, HEMP NUTRITIONAL PRODUCTS, HEMP
PRODUCTS, CANNABIS, CANNABIS MEDICINAL
PRODUCTS, OR CANNABIS PRODUCTS;
     (i)     AFFIRM THAT IT IS LAWFUL AND IN THE
PUBLIC INTEREST THAT HEMP, HEMP NUTRITIONAL
PRODUCTS, HEMP PRODUCTS, CANNABIS, CANNABIS
MEDICINAL PRODUCTS, AND CANNABIS PRODUCTS
SHALL BE CULTIVATED, MANUFACTURED,
TRANSPORTED, DISTRIBUTED TO ADULTS, SOLD AND
USED WITHIN COLORADO, SUBJECT TO LOCAL OPTION
AS PROVIDED IN SUBSECTION (9) OF THIS SECTION (2),
BY CANNABIS PRODUCERS AND HEMP PRODUCERS
AND AT WHOLESALE AND RETAIL OUTLETS, AND THAT
NO LICENSE SHALL BE REQUIRED TO BE A HEMP
PRODUCER; AND
     (j)     AFFIRM THAT CANNABIS MEDICINAL
PRODUCTS SHALL BE SUBJECT TO THE COLORADO
FOOD AND DRUG ACT AS OVER-THE-COUNTER DRUGS,
AND THAT CANNABIS MEDICINAL PRODUCTS MAY BE
RETAILED AT PHARMACIES, AND THAT CANNABIS,
CANNABIS MEDICINAL PRODUCTS, AND CANNABIS
PRODUCTS SHALL NOT BE CLASSIFIED AS
PRESCRIPTION DRUGS OR CONTROLLED SUBSTANCES.
LICENSED PRACTITIONERS SHALL BE ABLE TO
PRESCRIBE CANNABIS MEDICINAL PRODUCTS TO AN
INDIVIDUAL OF ANY AGE.

(5)       UNLAWFUL AND LAWFUL ACTS BY MINORS.

     (a)     IT IS UNLAWFUL FOR ANY PERSON:

           (i)     TO SELL, SERVE, GIVE AWAY,
DISPOSE OF, PROCURE, EXCHANGE, OR DELIVER ANY
CANNABIS, CANNABIS PRODUCTS, OR CANNABIS
MEDICINAL PRODUCTS WITHOUT A PRESCRIPTION OF A
LICENSED PRACTITIONER, TO ANY PERSON UNDER THE
AGE OF TWENTY-ONE (21) YEARS, OR TO PERMIT ANY
OF THE ABOVE;
           (ii)    TO OBTAIN OR ATTEMPT TO OBTAIN
ANY CANNABIS, CANNABIS PRODUCTS, OR CANNABIS
MEDICINAL PRODUCTS WITHOUT A PRESCRIPTION OF A
LICENSED PRACTITIONER, BY MISREPRESENTATION OF
AGE IN ANY PLACE WHERE CANNABIS, CANNABIS
MEDICINAL PRODUCTS, OR CANNABIS PRODUCTS ARE
SOLD IF SUCH PERSON IS UNDER THE AGE OF
TWENTY-ONE (21) YEARS;
           (iii)   TO POSSESS ANY CANNABIS,
CANNABIS PRODUCTS, OR CANNABIS MEDICINAL
PRODUCTS WITHOUT A PRESCRIPTION OF A LICENSED
PRACTITIONER, IF SUCH PERSON IS UNDER THE AGE
OF TWENTY-ONE (21) YEARS;
           (iv)    TO PERMIT ANY CANNABIS,
CANNABIS MEDICINAL PRODUCTS, OR CANNABIS
PRODUCTS TO BE SOLD OR DISPENSED BY ANY
PERSON UNDER THE AGE OF TWENTY-ONE (21) YEARS;
           (v)     TO SELL OR OFFER TO SELL ANY
CANNABIS, CANNABIS MEDICINAL PRODUCTS, OR
CANNABIS PRODUCTS BY USE OF A VENDING MACHINE
OR OTHER COIN-OPERATED MACHINE.

     (b)     IT IS LAWFUL FOR ANY PERSON UNDER
THE AGE OF TWENTY-ONE YEARS TO BUY, OBTAIN,
POSSESS, OR USE ANY CANNABIS MEDICINAL
PRODUCTS IF PRESCRIBED BY A LICENSED
PRACTITIONER. HEMP, HEMP NUTRITIONAL PRODUCTS
AND HEMP PRODUCTS (WHICH DO NOT HAVE
PSYCHOACTIVE PROPERTIES) ARE ALWAYS LAWFUL
FOR ANY MINOR PERSON TO BUY, OBTAIN, POSSESS,
OR USE.


(6)       PENALTIES.

     ANY PERSON WHO VIOLATES SUBSECTION (5) OF
THIS SECTION (2) IS GUILTY OF A CLASS 2 PETTY
OFFENSE AND, UPON CONVICTION, SHALL BE
PUNISHED THE SAME AS DEFINED IN 12-46-114(1) C.R.S.
AS OF JANUARY 1993.

(7)       LICENSING.

      WITHIN 180 DAYS OF THE ADOPTION OF THIS
AMENDMENT, THE GENERAL ASSEMBLY IS DIRECTED
TO ENACT INTO LAW STATUTES GOVERNING THE
LICENSING OF CANNABIS PRODUCERS AND RETAIL
AND WHOLESALE DISTRIBUTORS OF CANNABIS AND
CANNABIS PRODUCTS, BUT SUCH STATUTES SHALL BE
EITHER EQUAL OR LESS RESTRICTIVE THAN THE
LICENSING STATUTES GOVERNING FERMENTED MALT
BEVERAGE ALCOHOL PRODUCTS (BEER) AS DEFINED
IN COLORADO REVISED STATUTES AS OF JANUARY
1993. SHOULD THE GENERAL ASSEMBLY FAIL TO
ENACT SUCH LAWS WITHIN 180 DAYS, AT THAT TIME,
ALL CANNABIS PRODUCERS, RETAILERS AND
WHOLESALERS MAY PRODUCE AND SELL CANNABIS
AND CANNABIS PRODUCTS SUBJECT TO NO FURTHER
RESTRICTIONS THAN ADHERENCE TO SUCH OTHER
LAWS OF COMMERCE AS PRESENTLY GOVERN RETAIL
AND WHOLESALE OPERATIONS IN COLORADO, UNTIL
SUCH TIME AS THE GENERAL ASSEMBLY ENACTS
LICENSING STATUTES.

(8)       AMNESTY AND CLEARING OF CRIMINAL
RECORDS.

     UPON THE ADOPTION OF THIS AMENDMENT,
AMNESTY IS GRANTED FOR ALL CANNABIS,
MARIHUANA, MARIJUANA, MARIHUANA CONCENTRATE,
SYNTHETIC CANNABINOID COMPOUND, OR
TETRAHYDROCANNABINOL RELATED ACTS WHICH ARE
NO LONGER ILLEGAL IN THE STATE OF COLORADO. ALL
PERSONS PRESENTLY INCARCERATED IN COLORADO
ONLY FOR CANNABIS, MARIHUANA, MARIJUANA,
MARIHUANA CONCENTRATE, SYNTHETIC CANNABINOID
COMPOUND, OR TETRAHYDROCANNABINOL OFFENSES
WHICH ARE NO LONGER ILLEGAL IN THE STATE OF
COLORADO, SHALL BE RELEASED NO LATER THAN THE
FIRST DAY OF JANUARY FOLLOWING THE ELECTION
WHICH ENACTS THIS AMENDMENT. INDIVIDUALS WHO
HAVE BEEN CONVICTED OF CANNABIS, MARIHUANA,
MARIJUANA, MARIHUANA CONCENTRATE, SYNTHETIC
CANNABINOID COMPOUND, OR
TETRAHYDROCANNABINOL VIOLATIONS SHALL BE
TREATED AS IF THEIR CASES HAVE BEEN COMPLETELY
DISMISSED, AND MAY PETITION UNDER THE CRIMINAL
JUSTICE RECORDS ACT (24-72-308 C.R.S.) TO HAVE
THEIR ARREST AND CRIMINAL RECORDS INFORMATION
AND CRIMINAL JUSTICE RECORDS SEALED. SUCH
PERSONS MAY TRUTHFULLY STATE THAT THEY HAVE
NEVER BEEN CONVICTED OF CANNABIS, MARIHUANA,
MARIJUANA, MARIHUANA CONCENTRATE, SYNTHETIC
CANNABINOID COMPOUND, OR
TETRAHYDROCANNABINOL RELATED ACTS WHICH ARE
NO LONGER ILLEGAL.

(9)       LOCAL OPTION.

     MUNICIPALITIES AND COUNTIES SHALL HAVE
THE OPTION TO RESTRICT OR PROHIBIT COMMERCIAL
SALES OF CANNABIS AND CANNABIS PRODUCTS UPON
A VOTE OF THE PEOPLE. THIS OPTION DOES NOT
EXTEND TO CANNABIS MEDICINAL PRODUCTS, HEMP,
HEMP NUTRITIONAL PRODUCTS, HEMP PRODUCTS,
CANNABIS PERSONAL USE, OR HEMP PERSONAL USE.

(10)    NOTIFICATION.

     UPON PASSAGE OF THIS AMENDMENT, THE
GENERAL ASSEMBLY, ATTORNEY GENERAL AND
GOVERNOR OF THE STATE OF COLORADO ARE
INSTRUCTED TO INFORM THE CONGRESS OF THE
UNITED STATES OF AMERICA OF THIS AMENDMENT'S
PASSAGE AND TO URGE THE REPEAL OF THE FEDERAL
PROHIBITION LAWS AGAINST HEMP AND CANNABIS
AND TO ENACT FEDERAL LAWS SIMILAR TO THE
PROVISIONS OF THIS AMENDMENT.


For more info., contact:

The Colorado Hemp Initiative Project
P.O. Box 729
Nederland, CO 80466
[phone]

email:  [e-mail]

Petitions available beginning of February.

Also, donations greatly appreciated and needed!
--
Boulder Hemp Initiative Project
P.O. Box 729
Nederland, CO 80466
[phone]