Section 1: Title
This measure shall be known as the “Common Sense Act of 2010”
Section 2: Findings and Declarations
The People
of the State of California hereby make the following findings, and declare that the intent of this measure is to bolster California’s
economy by recognizing that:
(A) Marijuana is a valuable agricultural crop.
(B) Prohibition is costly, unpopular and ineffective.
(C) The expense of enforcement, prosecution, and imprisonment of violators of the prohibition of marijuana has drained federal,
state and local resources and tax revenue.
(D) Otherwise law-abiding citizens have been prosecuted and incarcerated for their
part in contributing to this substantial segment of California’s economy.
(E) It is desirable to ease the overwhelming
cost of prison overcrowding by reducing the number of people incarcerated for victimless acts.
(F) Federal classification
of marijuana as a Schedule One substance is scientifically incorrect, falsely stating that it has “no currently accepted medical use.”
(G) Tax revenue from the legal trade in cannabis and hemp products will help to mitigate state budget problems.
Section 3:
Legalization and Taxation of Marijuana
(A) The People of the State of California hereby repeal the prohibition on marijuana use, cultivation,
possession, transportation and sale.
(B) The People of the State of California authorize federal, state, county and municipal
authorities to tax the manufacture, sale and use of marijuana.
(C) All government entities within California shall immediately
cease spending any public or private funds for the purpose of enforcing or prosecuting any law prohibiting the use, cultivation, possession,
transportation or sale of marijuana.
Section 4: Instructions to California State Legislators
The People of the State of
California hereby instruct our State Legislators to formulate new laws to regulate and tax the cultivation, production, transport,
sale and/or use of marijuana and cannabis products. Legislators should take into account current laws regulating and taxing
alcohol and tobacco, as well as pertinent laws of countries in which cannabis products are legal. We recommend California’s
regulation and taxation of the wine industry as a model.
Section 5: Instructions to Members of the Congress of the United
States of America
The People of the State of California hereby instruct every Member of the United States Congress from California
to actively work for the removal of marijuana from the federal Schedule of Controlled Substances, and to vote against any funding
for the purpose of enforcing or prosecuting any law prohibiting the use, cultivation, possession, transportation or sale of marijuana,
cannabis or hemp products.
Section 6: Operative Dates
(A) This measure shall become effective immediately upon certification
of passage by the California Secretary of State.
(B) The California State Legislature and Governor shall have one year
from the date of certification to codify appropriate regulations and tax provisions into state law.
Section 7: Severability
If
any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not
affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and
to this end the provisions of the measure are severable.