Homeless in Arizona

Mikel Queen

9:24 AM

August 23 at 4:47pm

August 23rd Update

DRAFT Notes

OFFICIAL TITLE

TEXT OF PROPOSED AMENDMENT

Purpose

Be it enacted by the People of the State of Arizona. The Law is everything below this point The state of Arizona is not allowed to tax or regulate marijuana or any individuals or entities who are involved with activities related to marijuana such as smoking, growing, selling, transporting, vaporizing, warehousing, planting, propagating, cultivating, harvesting composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, pre packing, re packaging, storing, ingesting, inhaling, or otherwise introducing marijuana in to the human or animal body. Private entities who accept government money or other resources are not allowed to discriminate against people who use marijuana or are involved in any type of marijuana activities away from their work place.

The state of Arizona is prohibited from partnering, conspiring, administrating, facilitating participating, with any government entities such as the federal government, international agencies, indian tribes, other states, foreign government, private entities and from using state or federal funds to enforce any federal, international, or reservation marijuana prohibition laws or treaties ect.

Sec. 3. Title 36, Arizona Revised Statutes, is amended by adding chapter 28.2, to read:

CHAPTER 28.2

DECRIMINALIZATION AND LEGALIZATION OF MARIJUANA ACT ARTICLE 1. GENERAL PROVISIONS 36-2851. Definition 2. Definition of terms: The terms “marijuana” and “hemp” 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 constituent product thereof.

The term “marijuana hemp industrial products” means all products made from marijuana hemp that are not designed or intended for human consumption, including, but not limited to: clothing, building materials, paper, fiber, fuel, hempcrete, lubricants, plastics, paint, seed for cultivation, animal feed, veterinary medicine, oil, or any other product that is not designed or intended 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. The term “marijuana hemp medicinal preparations” means all products made from hemp that are designed, intended, or used for human consumption l for the treatment of any human disease or condition. The term “marijuana hemp nutritional products” means marijuana 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. The term “marijuana hemp euphoric products” means marijuana hemp intended for personal recreational or religious use, other than marijuana hemp industrial products, marijuana hemp medicinal preparations, or marijuana hemp nutritional products.

The term “personal use” includes but is not limited to the internal consumption of marijuana hemp by people 18 years of age or older for any relaxational, meditative, religious, spiritual, recreational, or any other purpose.

The term “commercial production” means the manufacturing production of marijuana hemp products for sale or profit.

Marijuana Accessories” means any equipment, tools, machines, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing Marijuana, or the ingesting, inhaling, or the otherwise introducing Marijuana into the human or animal body.

“CONSUMER” MEANS A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND WHO OBTAINS, PURCHASES OR POSSESSES MARIJUANA, MARIJUANA PLANTS OR MARIJUANA PRODUCTS FOR PERSONAL USE OR FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN YEARS OF AGE.

“MANUFACTURE” MEANS TO COMPOUND, BLEND, EXTRACT, INFUSE OR OTHERWISE MAKE OR PREPARE A MARIJUANA HEMP OR MARIJUANA EUPHORIC PRODUCT. “MARIJUANA PRODUCTS” MEANS PRODUCTS THAT HAVE BEEN SUBJECT TO MANUFACTURE AND THAT CONTAIN MARIJUANA EUPHORIC OR MARIJUANA HEMP, CONCENTRATED MARIJUANA OR ANY EXTRACT FROM MARIJUANA, INCLUDING PRODUCTS COMPRISING MARIJUANA AND OTHER INGREDIENTS THAT ARE INTENDED FOR HUMAN OR ANIMAL USE OR CONSUMPTION, AND INCLUDES EDIBLE PRODUCTS, OINTMENTS, CONCENTRATED MARIJUANA PRODUCTS AND TINCTURES. “MARIJUANA TESTING OR RESEARCH FACILITY” MEANS AN ENTITY THAT TESTS, POSSESSES AND TRANSPORTS MARIJUANA, MARIJUANA PLANTS AND MARIJUANA PRODUCTS, INCLUDING TESTING FOR POTENCY AND HARMFUL CONTAMINANTS. Industrial marijuana hemp farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, licensing fee, or tax that is discriminatory, or prohibitive. (Industrial hemp will be regulated similar to agriculture.) Marijuana hemp medicinal preparations are hereby available herbal medicines in Arizona. Licensed physicians shall not be penalized by the state of Arizona for, nor restricted from, recommending marijuana hemp for medical purposes to any patient, regardless of age. Personal use of marijuana hemp euphoric products. No permit, license, or tax shall be required for the cultivation, transportation, distribution, or consumption of marijuana hemp for personal use.

Testing for inactive and/or inert residual marijuana metabolites shall not be required for employment by any company or any state agency or other entity that receives state, international, or federal funding. (Can we do that to federal tom?)

Commerce in marijuana hemp euphoric products shall be limited to adults, 18 years of age and older.

A person’s right to own and bear arms shall not be infringed upon by the state (or international agencies) based on a person’s use, possession, transportation or production of Marijuana

Provide mandatory testing for commercial sales.

Provide public consumptions regulations of cannabis similar to tobacco regulations

Consumption, influence, or presence of marijuana shall not be considered for property damage or other liability issues.

It is not a defense from liability of the person entitled to use the drug under the laws of this state.

The oder of marijuana is not probable cause for search and seizure of a persons or property. ( Do we need to put dogs in there?) Government entities in the state of Arizona shall not tax, regulate, control, or pass any laws governing the use, smoking, consumption, drinking, injecting, sale, transfer, growth, cultivating, manufacture, production, storage, possession, transportation, or importation of marijuana, any of the chemicals in any marijuana plant.

No company, corporation, business, partnership, or sole proprietorship etc that receives funding from the State of Arizona tax payers, any locality, the the federal government(CONSULT TOM ON FEDERAL) or international government shall be able to conduct mandatory drug testing for marijuana or discriminate against anybody who consumes marijuana on their personal time The manufacture, marketing, distribution, or sales of equipment, accessories, and paraphernalia designed to assist in the use, planting, cultivation, harvesting, curing, processing, packaging, storage, analysis, consumption, or transportation of marijuana hemp plants, industrial marijuana hemp products, marijuana hemp medicinal preparations, marijuana hemp nutritional products, marijuana hemp euphoric products, or any marijuana hemp product shall not be prohibited or regulated.

No city, county or Arizona State law enforcement personnel or funds shall be used to assist or aid and abet in the enforcement of Federal, International, Reservation marijuana hemp marijuana laws involving acts which are hereby no longer illegal in the State of Arizona. Nor shall any Arizona government entities pass any regulations discriminating against or prohibiting people or entities that use, smoke, consume, drink, inject, sell, transfer, grow, cultivate, manufacture, produce, store, possess, transport, advertise or import marijuana.

Any elected official, government employee, judge, police officer or prosecutor that interferes with a persons marijuana rights defined in this initiative shall be considered a willful and intentional violation and shall be personally and civilly liable to each person for each incident for a minimum of one million dollars in damages or 10 times the actual amount of damages which ever is greater. There shall be no immunity to judges, police offices, or prosecutors who claim to be "acting in good faith" or other reasons.

The State of Arizona shall accept marijuana cases contract law based on the contract or agreement in-between the people involved.

Marijuana tax shall not exceed Arizona State sales tax from the year 2016.

All sales tax monies from the sale of marijuana shall be placed into a specific marijuana fund to pay for the implementation of this initiative. Once the initiative is funded marijuana sales tax reverts to use of typical sales tax.

Repeal, delete, and expunge any and all existing statutory laws that conflict with the provisions of this initiative. (Need to address Tom Dean)

Juveniles are legal to use marijuana for medical purposes

36-2863. Identification of underage persons NOTWITHSTANDING ANY OTHER LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER, A PERSON ACTING IN THE PERSON’S CAPACITY AS AN AGENT OF A MARIJUANA ESTABLISHMENT WHO DELIVERS, GIVES, SELLS OR ADMINISTERS OR OFFERS TO SELL, ADMINISTER, GIVE OR DELIVER MARIJUANA, A MARIJUANA PLANT OR A MARIJUANA PRODUCT TO A PERSON WHO IS UNDER E IGHTEEN OF AGE IS NOT SUBJECT TO PROSECUTION, PENALTY IN ANY MANNER OR SEIZURE OR FORFEITURE OF PROPERTY OR ASSETS OF ANY TYPE IF: THE PERSON REQUESTED IDENTIFICATION FROM THE RECIPIENT, EXAMINED THE IDENTIFICATION TO DETERMINE THAT THE IDENTIFICATION REASONABLY APPEARED TO BE A VALID, UNALTERED IDENTIFICATION THAT HAD NOT BEEN DEFACED, EXAMINED THE PHOTOGRAPH IN THE IDENTIFICATION AND DETERMINED THAT THE RECIPIENT REASONABLY APPEARED TO BE THE SAME PERSON IN THE IDENTIFICATION AND DETERMINED THAT THE DATE OF BIRTH ON THE IDENTIFICATION INDICATED THAT THE RECIPIENT WAS NOT UNDER EIGHTEEN YEARS OF AGE. THE RECIPIENT IS PERMITTED TO POSSESS THE MARIJUANA PURSUANT TO CHAPTER 28.1 OF THIS TITLE.

Upon passage of this act The State of Arizona shall grant amnesty, immediate release from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records for all persons currently charged with, taken plea bargains, or convicted of any non-violent marijuana hemp marijuana offenses included in this initiative which are hereby no longer illegal in the State of Arizona. People who fall within this category that triggered an original sentence are included within this provision.

Upon passage of this Act the Attorney General shall develop and distribute a one-page application, providing for the destruction of all marijuana hemp criminal records in Arizona for any such offense covered by this Act. Such forms shall be distributed to district and city attorneys and made available at all police departments in the State to persons hereby affected. Upon filing such form with any Superior Court, 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 marijuana hemp related offense which is hereby no longer illegal in the State of Arizona. This shall be deemed to be a finding of factual innocence under Arizona Penal Code Section G( to find it).

IF CURRENTLY SERVING A TERM OF INCARCERATION, PROBATION, OR COMMUNITY SUPERVISION FOR A VIOLATION OF SECTION 13-3405, SECTION 13-3408, OR SECTION 13-3415, IF PREVIOUSLY CONVICTED OF A FELONY OFFENSE FOR ANY VIOLATION OF SECTION 13-3405, SECTION 13-3408, OR SECTION 13-3415, (Refer to tom)

The state of Arizona shall not extradite, detain, or arrest a person to another state or country if the person could be charged with marijuana crimes which would be legal in Arizona.

Sec. 11. Lenity in criminal, civil, and administrative matters If a provision of this act or its application to any person or circumstance is ambiguous or unclear, the court shall interpret the statutory language of the act in the manner that is most favorable to the defendant in any criminal, civil, or administrative proceeding. 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.