Ballot Measure 5 - Initiative Petition Allowing Uses of Hemp, Including Marijuana

BALLOT LANGUAGE
This bill would do away with civil and criminal penalties for persons 18 years or older who use marijuana, or other hemp products. These products include hemp used for paper, fiber, food, fuel, medicine, or personal use in private. Marijuana would be regulated like an alcoholic beverage. Doctors could prescribe marijuana. The bill allows for laws limiting marijuana use in some cases to protect public safety. It grants amnesty to persons convicted in the past of marijuana crimes. The bill creates an advisory group to study restitution for those persons. SHOULD THIS INITIATIVE BECOME LAW? YES or NO

LEGISLATIVE AFFAIRS AGENCY SUMMARY
The measure allows a person 18 or older to possess, grow, distribute, and use hemp and hemp products. It allows doctors to prescribe hemp medicines. Hemp is defined as hemp, cannabis, or marijuana, or any part of a cannabis plant. Hemp intoxicating products include all hemp products other than industrial hemp, hemp medicines, and hemp food products. Hemp intoxicating products shall be regulated in a manner similar to liquor. It grants amnesty to people who committed crimes that are no longer illegal under the measure. It sets out a way such people can clear their criminal records. It allows laws to be enacted to regulate persons under the influence of hemp who are doing things that may affect public safety. This includes things like driving cars or operating heavy machinery. It allows laws to be enacted to limit the use of hemp intoxicating products in public places. It directs certain state officials to challenge federal laws that conflict with the measure. It prohibits the use of state funds or personnel to help enforce federal laws that regulate acts that are no longer illegal under the measure. It provides for an advisory panel. The panel would study and report on making restitution. The restitution would be for people who were imprisoned or fined or had property forfeited for acts that are no longer illegal under the measure.

FULL TEXT OF PROPOSED LAW
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA:

I. Add the following section to the criminal code of the State of Alaska, any laws or policies to the contrary notwithstanding:

1. Persons, 18 years or older, shall not be prosecuted, be denied any right or privilege, nor be subject to criminal or civil penalties for the possession, cultivation, distribution, or consumption of:
a. Industrial hemp products. Hemp farmers and manufacturers of industrial hemp products shall not be subject to any special zoning or licensing fees that are discriminatory or prohibitive. b. Hemp medicinal preparations.c. Hemp products for nutritional use.d. Hemp products for personal use in private. No permit or license may be required for non-commercial cultivation, transportation, distribution or consumption of any hemp product.
2. Definitions:
a. The term "hemp" means hemp, cannabis, or marijuana, or any part or preparation of the plant cannabis sativa, cannabis indica, cannabis americana, or any variety of cannabis.b. The term "industrial hemp products" means all products made from hemp, cannabis, or marijuana, that are not designed or intended for human consumption, and includes, but is not limited to: paper, fiber, fuel, plastics, paint, seed for cultivation, animal feed, veterinary medicine, oil, plants used for crop rotation, erosion control, or weed control.c. The term "hemp medicinal preparations" means all products made from hemp, cannabis, or marijuana, that are designed, intended, or used for human consumption, for the treatment of any disease, the relief of pain, or for any healing purpose including the treatment or relief of asthma, glaucoma, arthritis, anorexia, migraine, multiple sclerosis, epilepsy, nausea, stress, for use as an antibiotic, an antiemetic, or as any healing agent, or as an adjunct to any medical procedure or herbal treatment.d. The term "hemp products for nutritional use" means the use of any hemp product intended for human consumption as food, for example, but not limited to: seed protein, seed oil, seed cake, or gruel, or any preparation thereof.e. The term "personal use" means the use of any product or preparation of hemp, cannabis, or marijuana, intended for any relaxational, ritual, spiritual, or other personal purpose.f. The term "hemp intoxication products" means any hemp product other than industrial hemp products, hemp medicinal preparations, or hemp products for nutritional use.
3. Hemp medicinal preparations are hereby restored to the available list of medicines in Alaska. Licensed physicians shall not be penalized for or restricted from prescribing hemp preparations for medical purposes to patients of any age.
4. Hemp intoxicating products shall be regulated in a similar manner to alcoholic beverages. For the purpose of distinguishing personal versus commercial production, one-half ounce of cured hemp flowers and/or leaves shall be considered equivalent to one gallon of dry wine.
5. The manufacturing, marketing, distribution or sales between adults of equipment or accessories designed or marketed for use in the planting, cultivation, harvesting, curing, processing, packaging, storing, analyzing, consumption, or transportation of hemp, industrial hemp products, hemp medicinal preparations, hemp products for nutritional use, or hemp products for personal use shall not be prohibited.
6. The enactment of this initiative is to be retroactive in its application to include amnesty and clearing of all criminal records for all cannabis/marijuana-related acts which are hereby no longer illegal. The Attorney General, within sixty (60) days of the effective date of this initiative, shall develop and distribute a one-page application, providing for the destruction of all criminal records in Alaska for cannabis/marijuana-related acts which are no longer illegal. Such forms shall be distributed to all district and city attorneys and all police departments in the State of Alaska, and be made available to persons hereby affected. Upon filing such form with the Attorney General and payment of a fee no greater than fifteen (15) dollars, all pertinent records anywhere in the State of Alaska shall be destroyed. Such persons may truthfully state that they have never been convicted of cannabis/marijuana acts which are no longer illegal.

II. The Legislature is authorized to enact legislation, using reasonable standards to determine impairment, to regulate or prohibit persons under the influence of hemp from operating a motor vehicle, heavy machinery, or otherwise engaging in conduct which may affect public safety. Testing for inert cannabis metabolites shall not be required for employment or insurance, nor be considered in determining impairment.

III. The Legislature is authorized to enact legislation, using reasonable standards, limiting the use of hemp intoxicating products in public places.

IV. No Alaska law enforcement personnel or funds shall be used to assist enforcement of federal cannabis/marijuana laws governing cannabis/marijuana-related acts which are no longer illegal in the State of Alaska.

V. The Legislature, the Governor and the Attorney General are directed to challenge federal cannabis/marijuana prohibitions which conflict with this initiative.

VI. Severability: If any provision of this initiative, or the application of such provision to any person or circumstance, shall be held invalid by any court, the remainder of this initiative to the extent that it can be given effect, or the application of such provision 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 initiative are severable.

VII. If any rival or conflicting initiative regulating any matter addressed by this initiative receives the higher affirmative vote, then all non-conflicting parts of this initiative shall become operative.

VIII. Within one hundred twenty (120) days following the effective date of this initiative, or by the end of the current legislative session, whichever occurs first, the Legislature shall fund, from law enforcement savings hereby generated, an advisory panel to study the feasibility and methods of making restitution to all persons who were imprisoned, fined or had private personal or real properties forfeited as a result of criminal or civil actions for cannabis/marijuana-related acts which are hereby no longer illegal. This advisory panel shall consist of thirteen (13) members to be appointed in the following manner: Seven public sector members, one appointed by the Governor, one appointed by the Lieutenant Governor, one appointed by the Attorney General, two appointed by the Speaker of the House, two appointed by the President Pro-tem of the Senate; and the remaining six to be chosen from the private sector by the Legislature, three by the House of Representatives and three by the Senate. The advisory panel will hold a minimum of six (6) meetings which will be open to the public. A preliminary report shall be submitted to the Legislature within six (6) months of the formation of the advisory panel. A final report shall be submitted to the Legislature and the public within one year of the formation of the advisory panel.

IX. Purpose of Initiative: Construction. This initiative is an exercise of the powers of the State for the promotion and protection of the safety, welfare, health and privacy of the people, and the environment of the State, to allow for the industrial and medicinal type uses of hemp, to eliminate the evils associated with unlicensed and unlawful cultivation, selling and dispensing of hemp, and to promote temperance in the consumption of hemp as an intoxicant. It is hereby declared that the subject matter of this initiative involves in the highest degree, the economic, social and moral well-being and the safety of the State and of all its people. All provisions of this initiative shall be liberally construed for the accomplishment of these purposes.

X. Effective Date. This initiative shall be effective when enacted according to law.