Emerald Triangle NORML

(Proposed) Emerald Triangle NORML Webpage
Last updated 5/19/09

Enough
By Hank Sims, North Coast Journal
5/14/2009

HSU's Thursday Night Talk
Topic: Legalization
5/14/2009

Protect the Humboldt brand
Richard Salzman/For the Times-Standard
5/15/2009

Humboldt Supes Vote for DEA Grant; Pitino Asks for AB390 Support

IMPORTANT MEDICAL CANNABIS CASE TESTS STATE LAW ON COLLECTIVES

North Coast Journal: When Weed is Legal
April 2, 2009

Mendocino Capital of Marijuana Cultivation Moves to Regulate Medical Cannabis Production
April 1, 2009

Kevin Hoover: Cannabis craziness is ending
Arcata Eye -- March 4, 2009

AB390 INTRODUCED IN CALIFORNIA LEGISLATURE

Assembly Bill 390 ( Ammiano), which would legalize marijuana for those 21 and over, is now on a two-year track and will see its first hearings in 2010. This gives us a full year to hash out language and build support.

I know there is concern locally about the economic effects of marijuana legalization, but I appeal to this community, which prides itself on championing human rights, not to let the War on Drugs be a price-support system for its cottage industry. Nearly 75,000 Californians were arrested on marijuana charges in 2007. They lose jobs, college loans, parental rights, and more to what increasing numbers of Americans see as an unjust and costly prohibition.

Polls show that a majority of Americans are or soon will be in favor of marijuana legalization. It will happen in our lifetimes, and it's time for the small-time grower to come to the table with proposals that will preserve the way of life we all know and love in the Emerald Triangle. Take a look at the proposed changes below, and the bill, and write in with your thoughts and ideas. You can also write to
NorCal NORML
POB 1203
Redway, CA 95560

Another bill worth looking at is the Massachusetts State/House bill, also for legalization. This would license farmer/producer/retailers (something AB390 doesn't do) and regulate the quality and purity of cannabis products.

Here's a quick take on rewriting some Alcoholic Beverages Codes to include Cannabis:

CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
DIVISION 9. ALCOHOLIC BEVERAGES
Article 3. Rights and Obligations of Licensees

SECTION 23358. (a) Licensed winegrowers AND CANNABIS CULTIVATORS, notwithstanding any other provisions of this division, may also exercise the following privileges:
   (1) Sell CANNABIS, wine and brandy to any person holding a license authorizing the sale of CANNABIS, wine or brandy.
   (2) Sell CANNABIS, wine and brandy to consumers for consumption off the premises where sold.
   (3) Sell CANNABIS or wine to consumers for consumption on the premises.
   (4) Sell all CANNABIS, beers, wines, and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038 of this code, which is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and which is operated by and for the licensee. At such bona fide public eating place beer, wine, and brandy may be used in the preparation of food and beverages to be consumed on the premises.
   (b) A CANNABIS CULTIVATOR or winegrower may also have upon the premises all CANNABIS PRODUCTS, beers, wines, and brandies, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the winegrower shall be purchased by the winegrower only from a licensed wholesaler.
   (c) A CANNABIS CULTIVATOR OR winegrower shall actually produce on his or her licensed premises by conversion of HEMP, grapes, berries, or other fruit, into wine OR MARIJUANA, not less than 50 percent of all wines sold to consumers on his or her licensed premise or premises and any licensed branch premise or premises.
   (d) The department may, if it shall determine for good cause that the granting of any such privilege would be contrary to public welfare or morals, deny the right to exercise any on-sale privilege authorized by this section in either a bona fide eating place the main entrance to which is within 200 feet of a school or church, or on the licensed winery premises, or both.
   (e) Nothing in this section or in Section 23390 is intended to alter, diminish, replace, or eliminate the authority of a county, city, or city and county from exercising land use regulatory authority by law to the extent the authority may restrict, but not eliminate, privileges afforded by these sections.

23356.2. (a) No license or permit shall be required for the manufacture of beer OR CANNABIS for personal or family use, and not for sale, by a person over the age of 21 years. The aggregate amount of beer with respect to any household shall not exceed (1) 200 gallons OF BEER OR 12 POUNDS OF CANNABIS FLOWERS per calendar year if there are two or more adults in the household, or (2) 100 gallons OF BEER OR 6 POUNDS OF CANNABIS FLOWERS per calendar year if there is only one adult in the household.
(b) No license or permit shall be required for the manufacture of wine for personal or family use, and not for sale, by a person over the age of 21 years. The aggregate amount of wine with respect to any household shall not exceed (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.

23358. (d)
There shall be no limit as to the number of events held on an on-sale general HEMP OR wine, food and art cultural museum, and educational center premises or duplicate premises at which a person or persons issued caterer's permits under Section 23399 may sell alcoholi beverages so long as the on-sale general license for a HEMP OR wine, food and art cultural museum, and educational center surrenders its license privileges for any portion of the premises at which a catered event is held for the duration of the event.

23396.3. (a) A brewpub-restaurant license is an on-sale retail license which may be issued to a bona fide public eating place, as defined in Section 23038. The licensed premises shall have a minimum seven-barrel brewing capacity, and the licensee shall produce not less than 100 barrels nor more than 5,000 barrels of beer annually on the licensed premises. A CANNABIS COFFEEHOUSE OR RESTAURANT LICENSE IS AN ON-SALE RETAIL LICENSE WHICH MAY BE ISSUED TO A BONA FIDE PUBLIC EATING OR DRINKING PLACE, AS DEFINED IN SECTION 23038.

23399.4. (a) A licensee under a CANNABIS CULTIVATOR’S OR winegrower's license may apply to the department for a certified farmers' market sales permit. A certified farmers' market sales permit shall authorize the licensee, a member of the licensee's family, or an employee of the licensee to sell CANNABIS OR wine produced and bottled by the CANNABIS CULTIVATOR OR winegrower entirely from HEMP OR grapes grown by the winegrower at a certified farmers' market at any place in the state approved by the department. ... (b) The licensed CANNABIS CULTIVATOR OR winegrower eligible for the certified farmers' market sales permit shall not sell more than 5,000 POUNDS OF CANNABIS FLOWERS OR 5,000 gallons of wine annually pursuant to all certified farmers' market sales permits held by any single CANNABIS CULTIVATOR OR winegrower. ... (c) The fee for any permit issued pursuant to this section shall be forty-four dollars ($44) for permits issued during the 2002 calendar year, forty-seven dollars ($47) for permits issued during the 2003 calendar year, fifty dollars ($50) for permits issued during the 2004 calendar year, and for permits issued during the years thereafter, the annual fee shall be calculated pursuant to subdivisions (b) and (c) of Section 23320.

23399.6. (a) Any licensee under a CANNABIS CULTIVATOR’S OR winegrower's license may apply to the department for a CANNABIS OR wine sales event permit. The CANNABIS OR wine sales event permit shall authorize the sale of CANNABIS PRODUCTS OR bottled wine produced by the CANNABIS CULTIVATOR OR winegrower at festivals, state, county, district, or citrus fruit fairs, civic or cultural celebrations, or similar events approved by the department. The sale of the CANNABIS OR wine shall not be the primary purpose of the event, and the sale shall be for consumption off the premises where sold. The permit shall be valid for a maximum of five consecutive days during the event period.

23399.7. Any license issued to any golf course facility, or any license issued to a licensee that operates at any golf course facility, entitles the licensee to make sales of CANNABIS OR alcoholic beverages from any golf cart, as defined In Section 345 of the Vehicle Code, that the licensee operates on the golf course premises.

CALIFORNIA CONSTITUTION
ARTICLE 20 MISCELLANEOUS SUBJECTS
http://www.leginfo.ca.gov/.const/.article_20

SEC. 22. The State of California, subject to the internal revenue laws of the United States, shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages AND CANNABIS FLOWERS within the State, and subject to the laws of the United States regulating commerce between foreign nations and among the states shall have the exclusive right and power to regulate the importation into and exportation from the State, of alcoholic beverages AND CANNABIS FLOWERS. In the exercise of these rights and powers, the Legislature shall not constitute the State or any agency thereof a manufacturer or seller of alcoholic beverages OR CANNABIS FLOWERS.
--