Kentucky Cannabis Hemp Health Initiative 2013-2014-2015
Framework taken from the Jack Herer Initiative aka CCHI1013. An initiative I had the honor of having a personal hand helping to word, redefining the cannabis/marijuana/hemp movement through selective wording. While attempting to protect and free the plant, the farmers, the prisoners, and the people from validating and mandating over regulation and enslavement through the legal lies = legalize = "common words used" commonly leading us to Corporate G.M.O.'s = {genetic mutated organisms} which "equal genetically modified crops", seed ownership through patent, small farmers being sued or enslaved,... While they continue to build their Military Industrial Complex with our tax dollars, lives... So it seems only appropriate I use it as a base to follow and put it forth here within the Commonwealth of Kentucky.
THIS IS A DRAFT, PLEASE DO MAKE ANY SUGGESTIONS FOR ANY PROTECTIONS YOU FEEL HAVE BEEN OVER LOOKED AND ARE NEEDED HERE > https://www.facebook.com/notes/kentucky-cannaibis-hemp-health-initiative-2014/kentucky-cannabis-hemp-health-initiative-2014/284385848356111
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF THE COMMONWEALTH OF KENTUCKY:
I. Add Section ________ to the Health and Safety Code of the Commonwealth of Kentucky, to amend, nullify, restore through repeal of any and all unconstitutional laws or policies to the contrary, including those on the Federal and U.N. Levels, notwithstanding,:
1. No person, individual, 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, or consumption of cannabis hemp marijuana, including:
(a) Cannabis hemp industrial products.
(b) Cannabis hemp medicinal preparations.
(c) Cannabis hemp nutritional products.
(d) Cannabis hemp religious and spiritual products.
(e) Cannabis hemp recreational and euphoric use and products.
2. Definition of terms:
(a) The terms “cannabis hemp” and “cannabis hemp marijuana” mean the natural, non-genetically modified plant 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 “cannabis hemp industrial products” means 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 reversal of the Greenhouse Effect and toxic soil reclamation.
(c) The term “cannabis hemp medicinal preparations” means all products made from cannabis hemp that are designed, intended, or used for human consumption for the treatment of any human disease or condition, for pain relief, or for any healing purpose, including but not limited to the treatment or relief of: Alzheimer’s and pre-Alzheimer’s disease, stroke, arthritis, asthma, cramps, epilepsy, glaucoma, 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, 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 not limited to bipolar, depression, attention deficit disorder, or attention deficit hyperactivity disorder, shall be conditions considered for medical use.
(d) The term “cannabis hemp nutritional products” means cannabis hemp for consumption by humans and animals as food, including but not limited to: seed, seed protein, seed oil, essential fatty acids, seed cake, dietary fiber, or any preparation or extract thereof. Not Taxable
(e) The term “cannabis hemp euphoric products” means cannabis hemp intended for personal recreational or religious use, other than cannabis hemp industrial products, cannabis hemp medicinal preparations, or cannabis hemp nutritional products.
(f) The term “personal use” means the internal consumption of cannabis hemp by people 18 years of age or older for any relaxational, meditative, religious, spiritual, recreational, or other purpose other than sale.
(g) The term “commercial production” means the production of cannabis hemp products for sale or profit under the conditions of these provisions.
(h) The term "non-genetically modified " is used to define or establish the Prohibition of any and all Unnatural "genetically modified organism (GMO)" is used to refer to any microorganism, plant, or animal in which genetic engineering techniques have been used to introduce, remove, or modify specific parts of its genome of any and all cannabis, cannabis sativa L, marijuana, hemp,.... Examples include plants being modified for pest resistance; lab animals being manipulated to exhibit human diseases, such as sickle cell anemia; and even glowing jellyfish genes inserted in a rabbit for an art piece.
Ref: http://www.thefreedictionary.com/Genetically-modified+organism
As Apposed To = To Clarify that there is a Recognized Difference between G.M.O. and Genetically Engineered
(i) The term "genetic engineering" involves isolating individual DNA fragments, coupling them with other genetic material, and causing the genes to replicate themselves. Introducing this created complex to a host cell causes it to multiply and produce clones that can later be harvested and used for a variety of purposes. Current applications of the technology include medical investigations of gene structure for the control of genetic disease, particularly through antenatal diagnosis. The synthesis of hormones and other proteins (e.g., growth hormone and insulin), which are otherwise obtainable only in their natural state, is also of interest to scientists. Applications for genetic engineering include disease control, hormone and protein synthesis, and animal research.
Ref: http://legal-dictionary.thefreedictionary.com/Genetically-modified
3. Industrial cannabis hemp farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, licensing fee, tax that is excessive, discriminatory, double taxation or prohibitive.
4. Cannabis hemp medicinal preparations are hereby restored to the list of available medicines in the Commonwealth of Kentucky. Licensed physicians shall not be penalized for, nor restricted from, prescribing or recommending cannabis hemp for medical purposes to any patient, regardless of age. No tax shall be applied to prescribed cannabis hemp medicinal preparations. Medical research shall be encouraged. No recommending physician shall be subject to any professional licensing review or hearing as a result of recommending or approving medical use of cannabis hemp marijuana. Cannabis hemp nutritious foods are medicine and therefore are subject to current Commonwealth Food & Drug Tax Code Exemptions
5. Personal use of cannabis hemp euphoric products.
(a) No permit, license, or tax shall be required for the non-commercial cultivation, transportation, distribution, or consumption of cannabis hemp.
(b) No unconstitutional Testing for inactive and/or inert residual cannabis metabolites shall not be allowed for employment or insurance, nor be considered in determining employment, other impairment, or intoxication, or qualifications for benefits, programs or education,... Including Protections of Families, against Unconstitutional Testing for Cannabis residual,... and/or Cannabis Use shall not/can not be used to take Custody of children from their families, parents or legal guardians.
(c) When a person falls within the conditions of these exceptions, the offense laws do not apply and only the exception laws apply.
6. Use of cannabis hemp products for religious or spiritual purposes shall be considered an inalienable right; and shall be protected by the full force of the State and Federal Constitutions.
7. Commerce in cannabis hemp euphoric products shall be limited to adults, 18 years of age and older, and shall be regulated in a manner analogous to the Commonwealth of Kentucky's tobacco industry model. For the purpose of distinguishing personal from commercial production, 99 flowering female plants and 12 pounds of dried, cured cannabis hemp flowers, bud, not leaf, produced per adult, 18 years of age and older, per year shall be considered as being for personal use.
8. 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.
9. No Commonwealth of Kentucky law enforcement personnel or funds shall be used to assist or aid and abet in the enforcement of Federal cannabis hemp marijuana laws involving acts which are hereby declared unconstitutional, therefore no longer illegal, as they are considered repealed and nullified in the Commonwealth of Kentucky.
10. Any person who threatens the enjoyment of these provisions is guilty of a misdemeanor. The maximum penalties and fines of a misdemeanor may be imposed.
II. Nullify, Repeal, delete, and expunge any and all existing statutory laws that conflict with the provisions of this initiative.
1. Enactment of this initiative shall include: amnesty, immediate release of custody from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records and/or all social/family service records/cases for all persons currently charged with, or convicted of any non-violent cannabis hemp marijuana offenses included in this initiative which are hereby no longer illegal in the Commonwealth of Kentucky. People who fall within this category that triggered an original sentence are included within this provision.
2. Within 60 days of the passage of this Act, the Commonwealth Attorney General shall develop and distribute a one-page application, providing for the destruction of all cannabis hemp marijuana criminal records in the Commonwealth of Kentucky for any such offense covered by this Act. Such forms shall be distributed to district and city commonwealth attorneys and made available at all police departments in the Commonwealth to persons hereby affected. Upon filing such form with any Superior Court and a payment of a fee of $10.00, the Court shall liberally construe these provisions to benefit the defendant in furtherance of the amnesty and dismissal provision of this section. Upon the Court’s ruling under this provision the arrest record shall be set aside and be destroyed. Such persons may then truthfully state that they have never been arrested or convicted of any cannabis hemp marijuana related offense which is hereby no longer illegal in the Commonwealth of Kentucky. This shall be deemed to be a finding of factual innocence under Kentucky Penal Code Section 218A.010, et seq.
3. Law abiding Cannabis Growers and Consumers retain the Right to possess Firearms as granted to them by the 2nd Amendment of the Constitution. For the use of their protection and prosperity which includes hunting.
III. The legislature is authorized upon thorough investigation, to enact legislation using reasonable standards to:
1. License concessionary establishments to distribute cannabis hemp euphoric products in a manner analogous to the Commonwealth of Kentucky's tobacco industry model. Sufficient community outlets shall be licensed to provide reasonable commercial access to persons of legal age, so as to discourage and prevent the misuse of, and illicit traffic in, such products. Any license or permit fee required by the Commonwealth for commercial production, distribution or use shall not exceed $1,000.00 and not more than $500.00 per small farmer or small business.
2. Place an excise tax on commercial and corporate sale of cannabis hemp euphoric products, analogous to the Commonwealth's tobacco industry model, so long as no excise tax or combination of excise taxes shall exceed $10.00 per ounce.
3. Regulate the personal use of cannabis hemp euphoric products in enclosed and/or restricted public places.
4. Exempt cannabis marijuana hemp from any and all farming tobacco "Base" laws, regulations, codes, statutes, which "restricted" or "limit" number of licenses,... based on science that "does not apply" to the agricultural cultivation, propagation, growth or farming of cannabis marijuana hemp which has been scientifically proven to reclaim, remove toxins and restore soil, ground water and our ozone.
IV. Pursuant to the Ninth and Tenth Amendments to the Constitution of the United States, the people of the Commonwealth of Kentucky hereby nullify, repudiate and challenge Federal cannabis hemp marijuana prohibitions that are in conflict with this Act and our Constitutions, both Federal and our Commonwealth's.
V. Severability: If any provision of this Act, or the application of any such provision to any person or circumstance, shall be held invalid by any court, the remainder of this Act, to the extent it can be given effect, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Act are severable.
VI. Construction: If any rival or conflicting initiative regulating any matter addressed by this act receives the higher affirmative vote, then all non-conflicting parts shall become operative.
VII. Purpose of Act: This Act is an exercise of the police powers of the Commonwealth for the protection of the safety, welfare, health, and peace of the people and the environment of the Commonwealth, to protect the industrial and medicinal uses of cannabis hemp, to eliminate the unlicensed and unlawful cultivation, selling, and dispensing of cannabis hemp; and to encourage temperance in the consumption of cannabis hemp euphoric products. It is hereby declared that the subject matter of this Act involves, in the highest degree, the ecological, economic, social, and moral well-being and safety of the Commonwealth and of all its people. All provisions of this Act shall be liberally construed for the accomplishment of these purposes: to respect human rights, to promote tolerance, to uphold the Constitutions both Federal and the Commonwealth's and to end cannabis hemp prohibition. To nullify, repeal and challenge the U.N. to end cannabis marijuana hemp prohibition which is half of the worldwide so-called "War on Drugs"created to uphold the interest of Big Chema, Big Pharma, Big Corps and their Synthetic Military Industrial Prison Complex and to uphold the interest of the people and it's own Universal Declaration of Human Rights for the reasons already stated with-in it.
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Due to the fact that the Commonwealth of Kentucky doesn't allow you to simply petition your State Government as in most states. We ask that you Please print or copy, Sign, and forward copies to your local Representative in Congress and our State Senators here with-in the Commonwealth with a note attached reminding them they are paid to represent your interest regardless of whether they agree with them or not. Thank You!
Written in Honor of the Great Spirit, the universe, the planet and good friends, colleagues, mentors, leaders,... Jack Herer, Gatewood Galbraith, and all who have gone before me and those who will come after us.
Sincerely,
Mary Thomas-Spears aka Rev. Mary
PLEASE SIGN PETITION BELOW! REPEAL CANNABIS PROHIBITION NOW!
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