B-006: Constitutional Reconsideration: Marijuana Legalization Act

[Speaker Rejo]

Marijuana Legalization Act
An Act to legalize the production and sale of Marijuana, establishing regulations on the production and sale of the same, setting a National excise tax, and for other purposes.

BE IT ENACTED by the duly elected Parliament of the Republic of Alduria assembled, 

ARTICLE 1: CITATION

This Act shall be cited for all Marijuana Legalization Act.

ARTICLE 2: LEGALIZATION OF MARIJUANA

a. It shall be lawful for all individuals over 18 years of age to consume Marijuana, and to purchase Marijuana from a licensed vender.

b. It shall be lawful for licensed individuals to cultivate the production of Marijuana, subject to regulations set by their respective province and/or municipality.

c. All venders licensed to sell or dispense Marijuana shall be required to check a valid form of ID as presently required for the consumption of alcohol to determine that the individual is over 18 years of age.

C1: The failure to enforce this requirement shall make the vender guilty of an infraction and subject to a fine of no less than 500  ecus and no more than ecus

d. It shall not be lawful for an individual under 18 years of age to purchase or dispense Marijuana, except in cases of medical necessity when properly prescribed by a physician with an accompanying prescription.

ARTICLE 3: REGULATIONS, RESTRICTIONS, AND PENALTIES ON THE SALE, CULTIVATION, AND USE OF MARIJUANA

a. It shall be unlawful for any person to sell or cultivate Marijuana without a license from their Provincial Government or locality. Anyone in violation of this law shall be guilty of an infraction and subject to a fine of no less than 500 ecus and no more than 10,000 ecus.

A1: If the attempt to cultivate or sell Marijuana is of more than 5 ounces in nature, or an individual shall have been found guilty previously of an infraction in this category, the individual shall be guilty of a Class B Misdemeanor, and subject to a fine of no less than 2,000 ecus and no more than 20,000 ecus, as well as a prison term of no more than 16 months which may be suspended or replaced by community service, at the discretion of a judge.

b. Any person who sells, distributes, or cultivates Marijuana for the consumption of those under 18 years of age without a valid prescription shall be guilty of a Class C Misdemeanor, and subject to a fine of no less than 1,000 ecus and no more than $10,000 ecus, and subject to a sentence of a prison term of no more than 6 months which may be suspended, served as community service, or as house arrest, at the discretion of a judge.

c. No person may operate a motor vehicle, industrial equipment, aircraft, or watercraft while under the influence of Marijuana. Anyone found guilty of violating this provision shall be subject to a comparable sentence as presently exists for using these machines while under the influence of alcohol.

d. Provinces and localities shall have the power to create additional regulations on the sale, cultivation, and consumption of Marijuana, as well as setting terms and provisions for the issuance and revocation of licenses to sell Marijuana, so long as such regulations do not constitute an undue burden for persons over the age of 18 to purchase and consume Marijuana legally in the provisions laid out in this bill, or contradict other provisions within this bill.

e. The Secretary of the Interior shall create a division to oversee the licensing, production, and sale of Marijuana and ensure that provinces and localities do not create undue burdens or regulations as required by this bill.

ARTICLE 4: TAXATION OF MARIJUANA

a. A 35% National excise tax shall be imposed on the sale of Marijuana. This tax shall not apply to Marijuana prescribed by a physician and dispensed for medical use.

b. Provinces and localities shall have the power to apply additional excise taxes, not to exceed a 35% total rate. Provinces and localities may not apply excise taxes for marijuana dispensed for medical use.

c. At least 5% of the revenue gained through the National excise tax shall be placed into programs to assist addicts of all substances overcome their addictions.

ARTICLE 5: RETROACTIVE DECRIMINALIZATION OF MARIJUANA

a. Those who have been convicted of the use, sale, or cultivation of Marijuana shall have that part of their sentence stricken with immediate effect, with the following exceptions:

    a1: In cases where a Court of Law found an individual guilty of selling to a minor

    a2: In cases where the sale of Marijuana was connected to organized crime

b. Those who are incarcerated solely for the use, sale, or cultivation of Marijuana, notwithstanding the exceptions enumerated in a1 and a2 above, shall be released from incarceration as soon no later than 15 days after the provisions of this bill come into force.

c. Those who are incarcerated for other crimes shall have their sentences reviewed and revised by a specially appointed Court of Review which shall be appointed by the Secretary of Justice and reduced to reflect being found guilty of all other charges. This review must occur within 90 days of the provisions of this bill coming into force.

    C1. The rulings of this Court of Review are subject to review by higher appellate Courts.

d. All convictions related to the use, sale, or cultivation of Marijuana, notwithstanding the exceptions enumerated in a1 and a2 above shall be expunged from the records of those individuals within 90 days of the provisions of this bill coming into force.

ARTICLE 6: COMMENCEMENT

This legislation and all the provisions therein shall come into force upon receiving proper constitutional approval.

Parliament will now come to order to consider this bill, presented by the Prime Minister on behalf of the Government. 

The Chair now recognizes The Prime Minister.

[Alfonso Velez]

Madam Speaker,

While I respect the President's view--the fact is that this Parliament has spoken in an overwhelming and non-partisan fashion for this bill. Only 44 members of this Parliament voted against it because this Parliament understands that this matter is important--and that people should have the liberty to decide for themselves whether or not to consume Marijuana and whether or not to purchase it. I won't repeat the speech I gave previously on this matter, but I want to address the specific issues raised by the President in his veto message.

This young nation not only needs to be based on liberty, but also needs a strong economy. We also must balance the need for a strong economy with ensuring that the Government is sufficiently funded by taxes--but that these taxes are reasonable and do not stifle economic growth. Happily in this area, Marijuana legalization provides us with an opportunity to bring these sales out of the black market where transactions are not taxed and aren't regulated, and ensures that people can buy Marijuana legally and safely, helping the coffers of our nation in the process and stimulating the economy.

In short, Madam Speaker, this isn't just about liberty--it's also about the economy. That's why I can't agree with the President's view that we should only decriminalize Marijuana consumption but keep its sale illegal, unregulated, and untaxed. It just doesn't make sense. Therefore, I respectfully disagree with his requests made in his veto message and I believe this Parliament should hold fast to the decision it made by an overwhelming and multi-partisan fashion and pass the bill without any changes and therefore pass it into law, the concerns of the President notwithstanding.

[Speaker Rejo]

The Chair now opens the floor for general debate. All members may offer debate or amendments at this time. Debate shall last for no less than 48 hours.

[Speaker Rejo]

All time for debate has now expired. The question is: Shall Parliament pass the pending bill, the objections of the President to the contrary not withstanding? Voting shall last for no less than 48 hours

DIVISION: CLEAR THE LOBBIES!

[Alfonso Velez]

AYE

Level 3 Whip for L&D

L&D MPs who abstained last vote decided to vote with the whip on this vote. While they maintained their reservations, they were persuaded that Parliament's decision when it last voted on this issue should be upheld.

[Seydlitz]

Seydlitz votes Aye

[Tzvi Barak]

New Center votes AYE

[Alduria]

National-Liberal Alliance: 23 NAY
National Congress for Social Democracy: 21 NAY
Communist Party of Alduria: 5 AYE

[Speaker Rejo]

All time for voting has expired. On this vote, the result is as follows:

AYE: 142

L&D: 80
NC: 57
CPA: 5

NAY: 44

NCSD: 21
N-LA: 23

ABSTAIN: 66

EDP: 55
MFA: 11

So the Ayes have it and the bill is passed. As Parliament has completed its Constitutional duty to reconsider the matter referred to it by the President and has passed the bill notwithstanding his objections, the bill is codified into law. Unlock!