Hyperlinked Text of The Marijuana Control, Legalization and Revenue Act
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This hyperlinked version of the The Marijuana Control, Legalization and Revenue Act is not the official text submitted for the ballot. This version has been modified slightly to accommodate hyperlinking and descriptive text (e.g. [Personal Possession & Cultivation]). This version is not produced or endorsed by its campaign staff, or its chief petitioner. Please visit the California Secretary of State’s website for the official ballot text.
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Hyperlinked Table of Contents
SECTION 2. Findings and Declarations. 2
Chapter 1. [Cannabis Regulation and Taxation] 2
§ 27300. Cannabis Diversion Programs. 2
SECTION 4. Liberal Construction. 3
SECTION 6. Conflicting Measures. 3
SECTION 9. Legal Defense by the Attorney General. 4
This measure shall be known and may be cited as “The Marijuana Control, Legalization and Revenue Act.”
The social use of marijuana by adults, 21 years of age and older, including the cultivation, transportation, distribution, farmers markets, on-site consumption, processing, production, public events, retail sale, veterinary use, manufacture of edible products and manufacture of concentrated marijuana (with or without solvents), whether or not for profit, shall be lawful in this state and is a matter of statewide concern.
The applicable sales and use taxes shall apply to sales of non-medical marijuana. In addition, the Legislature may place an excise tax on the sale of non-medical marijuana not to exceed fifteen percent (15%) of the retail price of the products. Marijuana that is sold for medical purposes shall not be subject to any sales, use, or excise tax.
The State shall establish and fund cannabis-only diversion programs in each county.
The Legislature shall implement this Act with one or more bills that shall be effective not later than January 1, 2018.
Violations of any statute or regulation enacted or promulgated to implement this Act shall not constitute a felony and shall not be punished by imprisonment.
A city, county, or city and county may ban, or limit the number of, marijuana businesses within its boundaries, if such restriction has been placed on the ballot by petition in accordance with the procedures for an initiative, or by the city council or board supervisors, and approved by the voters within that jurisdiction at a statewide election held in November.
The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
The provisions of this Act may be amended by the Legislature to further the purposes of this Act by a statute passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring. Any implementation legislation enacted pursuant to Section 27400 of the Business and Professions Code shall require only a majority vote in each house.