California Cannabis Hemp & Health Initiative
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:
I. Add Section 11362.6 to the Health and Safety Code of California, any laws or policies to the contrary 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.
(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 21 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.
3. Industrial cannabis hemp farmers, manufacturers, processors, and 
distributors shall not be subject to any special zoning requirement,
licensing fee, or tax that is excessive, discriminatory, or prohibitive.
4. Cannabis hemp medicinal preparations are hereby restored to the list 
of available medicines in California. 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.
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) Testing for inactive and/or inert residual cannabis metabolites 
shall not be required for employment or insurance, nor be
considered in determining employment, other impairment, or
intoxication.
(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, 21 years of age and older, and shall be regulated in a manner
analogous to California's wine 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, 21 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 California 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 no longer illegal in the
State of California.
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. 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
from prison, jail, parole, and probation, and clearing, expungement,
and deletion of all criminal records 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 State of California. 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 Attorney General shall
develop and distribute a one-page application, providing for the
destruction of all cannabis hemp marijuana criminal records in
California 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 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 State of California. This shall be deemed to be a finding
of factual innocence under
California Penal Code Section 851.8 et seq.
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 California's wine 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 State for
commercial production, distribution or use shall not exceed
$1,000.00.
2. Place an excise tax on commercial sale of cannabis hemp euphoric
products, analogous to California's wine industry model, so long as
no excise tax or combination of excise taxes shall exceed $10.00
per ounce.
3. Determine an acceptable and uniform standard of impairment based
on performance testing, to restrict persons impaired by cannabis
hemp euphoric products from operating a motor vehicle or heavy
machinery, or otherwise engaging in conduct that may affect public
safety.
4. Regulate the personal use of cannabis hemp euphoric products in
enclosed and/or restricted public places.
IV. Pursuant to the Ninth and Tenth Amendments to the Constitution of
the United States, the people of California hereby repudiate and
challenge Federal cannabis hemp marijuana prohibitions that conflict
with this Act.
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
State for the protection of the safety, welfare, health, and peace of
the people and the environment of the State, 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 State 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, and to end cannabis hemp prohibition..