OUR RESOLVING EMERGENCY JOINT-EFFORT!

Summary:

 

     We, the people of [County Name], are calling for an emergency ordinance that makes cannabis-related law enforcement activities the lowest priority.  Local governance should determine cannabis policies that align with modern scientific understanding, historical use of cannabis in religious and cultural practices, and evolving societal attitudes toward its safety and benefits.  This ordinance seeks to end the destructive consequences of cannabis prohibition that have disproportionately marginalized and disenfranchised our communities.  

     The goal is to remove barriers to the access of the myriad health benefits of cannabis, address racial injustice, and political motives.  This campaign, backed by similar local ordinances across the nation since 2004, aims to restore integrity to law enforcement priorities, protect the rights of our residents, especially those with deficient or dysfunctional Endocannabinoid Systems, and to promote fairness and justice in [County Name].

  

 

Findings:

 

WHEREAS, Our county should determine its cannabis policies locally, the County Fiscal Court would prefer to move away from incarceration for adult Cannabis offenses, and similar cannabis deprioritizing measures have been adopted by localities since 2004 [Oakland Civil Liberties Alliance];
 

WHEREAS, historical precedent shows that cannabis has been used for medicinal, spiritual, and agricultural purposes for millennia, and that prohibition is an unnatural and unjust intervention that has deprived individuals of their inalienable right to propagate beneficial plants for personal and communal use; 

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WHEREAS, The prohibition of cannabis was based on racism and bigotry, but not science or sound reasoning [Testimony of Harry J. Anslinger – Marihuana Tax Act of 1937; Findings of LaGuardia Committee & Shafer Commission];
 

WHEREAS, War against Marijuana was based on political rivals such as the anti-war left [Confession of John Ehrlichman, Assistant to the President for Domestic Affairs under President Richard Nixon];
 

WHEREAS, Marijuana is safer and less addictive than Caffeine, and any withdrawal symptoms, if present, are extremely mild compared to the more severe effects of nicotine withdrawal;
 

WHEREAS, Cannabis does not fit any of the criteria to be placed in Schedule I of the Controlled Substances Act [Act of Apr. 14, 1972 P.L. 233, No. 64; Section 4-1];
 

WHEREAS, The government, at all levels, regulates the legal sale of substances known through scientific rigor to be harmful or deadly to humans, by means other than the Controlled Substances Act;
 

WHEREAS, It has been a decade since renowned editorial boards such as the New York Time’s have publicly called for the repeal of Cannabis prohibition, which would immediately allow unlicensed individuals to register their Cannabis like-L.L.C. business with the State, personal cultivation has been found to be the best approach to eliminating the illicit trade in marijuana and maximizing market participation through open markets, and decriminalized-stemming Cannabis co-ops and social clubs featured inSpain and Uruguay are non-international treaty breaking [https://harmreductionjournal.biomedcentral.com/articles/10.1186/1477-7517-11-32];
 

WHEREAS, the historical demonization, marginalization, and criminalization of cannabis, driven in part by powerful pharmaceutical interests, has severely impeded public health by promoting the dominance of synthetic drugs while suppressing natural, plant-based alternatives that support the body’s Endocannabinoid System (ECS); 

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WHEREAS, pharmaceutical companies have profited from the patenting of synthetic cannabinoids and other pharmaceuticals, which often carry significant side effects and risks, while lobbying to restrict lawful cannabis access in order to eliminate competition from this naturally occurring, safer alternative; 

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WHEREAS, the deliberate suppression of cannabis for decades—despite its known therapeutic potential—has disenfranchised communities, especially those disproportionately impacted by the war on drugs, by limiting access to an affordable, effective means of addressing a wide range of health conditions, thus exacerbating public reliance on costly pharmaceutical treatments; 

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WHEREAS, current cannabis legalization efforts that fail to include provisions for residents to lawfully cultivate and propagate cannabis for personal health, utility, and independence perpetuate a system of corporate control, further driving up the cost of accessing cannabis, while creating monopolized, restricted markets that prioritize profit over public welfare; 

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WHEREAS, the exclusion of lawful resident propagation in cannabis legislation not only impedes access to essential plant-based healthcare but also stifles innovation in both personal and communal uses of cannabis, hindering efforts to achieve greater independence and self-reliance in health, wellness, and sustainability practices; 

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WHEREAS, this ongoing restriction of cannabis access, whether through criminalization or exclusive legalization frameworks, is detrimental to our collective well-being, as it prevents residents from exercising their natural and ethical right to propagate life-saving plants, thereby forcing them into a commodified system that increases costs, limits access, and creates unnecessary barriers to public health; 

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WHEREAS, maintaining such restrictive policies significantly increases healthcare costs for residents, many of whom are left without affordable, holistic treatments for chronic conditions that could otherwise be managed through safe, legal, and personal cultivation of cannabis;

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WHEREAS, Grandfathered patients in the FDA marijuana related program have the lawful ability to drive and medicate;
 

WHEREAS, Cannabis is one of the most well-studied as well as therapeutically and utilious benefiting plants in human history [Google Scholar search for `”cannabis sativa” “cannabinoids” OR marijuana` produces 1,439,000 results; and more than 25,000 uses for Cannabis/Hemp/Marijuana including food and feed, heating and fuel, medicinal and recreation, fiber and construction, paper, etc.];
 

WHEREAS, The Institute of Medicine has found cannabis has medicinal value and is not a gateway drug, and natural marijuana is safer than its synthetic impersonations;

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WHEREAS, conditions such as Clinical Endocannabinoid System Deficiency (CECD) represents a silent public health epidemic that has been exacerbated by the lack of lawful access to cannabis, a plant that has been shown to regulate the body’s Endocannabinoid System (ECS), which is critical for maintaining homeostasis and addressing conditions such as chronic pain, migraines, fibromyalgia, and irritable bowel syndrome; 

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WHEREAS, denying access to the propagation and cultivation of cannabis has prevented residents from utilizing this plant to restore balance to the ECS, thus perpetuating numerous chronic health conditions and leading to increased healthcare costs and suffering; 

 

WHEREAS, multiple scientific studies demonstrate the efficacy of cannabinoids in managing ECS-related dysfunction and improving health outcomes in a wide range of medical conditions, and failing to allow residents lawful access to cannabis cultivation deprives them of a natural and effective means of self-care; 

 

WHEREAS, lawful cultivation of cannabis, including industrial hemp, would provide significant economic benefits to local communities by creating new agricultural opportunities, promoting small business growth, and stimulating new markets, all while diversifying the local economy and enfranchising previously marginalized communities; 

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WHEREAS, cannabis cultivation promotes environmental sustainability by providing eco-friendly alternatives to harmful industries, with hemp being particularly beneficial for reducing deforestation, soil degradation, and the need for environmentally damaging resources such as petroleum-based plastics, while requiring less water and pesticide use than many traditional crops;

 

WHEREAS, the criminalization of cannabis has stifled scientific research and innovation by restricting access to the plant, and by allowing lawful cultivation, this ordinance promotes scientific advancement and enables local institutions to explore the full potential of cannabinoid-based treatments, agricultural innovations, and environmental sustainability initiatives; 

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WHEREAS, cannabis has been shown to reduce dependency on more harmful pharmaceutical treatments such as opioids, lowering healthcare costs for residents by offering a safer, natural alternative to manage chronic pain, anxiety, PTSD, and other debilitating conditions, thus reducing the financial burden on both individuals and the public healthcare system; 

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WHEREAS, global examples, such as the successful cannabis reform policies in countries like Israel, Canada, and Uruguay, demonstrate that lawful access to cannabis provides widespread public health, economic, and environmental benefits, setting an important precedent for the necessity of adopting similar measures locally; 

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WHEREAS, denying residents the ability to lawfully cultivate and propagate cannabis perpetuates harmful government overreach and violates the fundamental rights of individuals to grow and use plants that support their health, livelihood, and well-being; 

 

WHEREAS, the failure to adopt lawful cannabis cultivation policies disregards the long-term benefits of preventing ECS-related health conditions, fostering economic development, and promoting environmental stewardship, all of which are urgent and necessary for the welfare of our residents;

Now, therefore, be it ordained, that the City/County of [Name] hereby declares cannabis enforcement to be deprioritized, and lawful access to the cultivation, planting, and propagation of cannabis for personal, medical, and agricultural use shall be recognized and protected as an essential right for all residents, effective immediately;

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WHEREAS, The definition of Marijuana in the Controlled Substances Act, the consequential definition of Industrial Hemp in the 2014 Farm Bill and subsequent state programs, (1) has resulted with more than 20% of hemp crops being destroyed across a state, (2) discourages and unethically prohibits all Cannabis varieties from human entitlement and practical adult utilization especially for cannabinoid production, as well as being featured in landscaping and environmental efforts as a leading carbon-sink;
 

WHEREAS, Marijuana should have been descheduled from Federal and State Controlled Substances Acts, and decriminalized, or depenalized [Findings of Shafer Commission; letter of the Assistant Secretary for Health and Scientific Affairs [Roger O. Egeberg]];  
 

WHEREAS, The research supported Entourage Effect can market a new paradigm of Cannabis wellness production and transcend marijuana culture, leading to mainstreamed Cannabis with lower needed doses and fewer psychoactive effects [Research from the University of Arizona Health Sciences];
 

WHEREAS, Raw Cannabis ranks among the most nutrient-dense plants and the single most important dietary element, offering a plethora of vital nutrients for a healthy life including through sprouts, leaves, flowers, stalks, and seeds; supplying the body with nearly all essential nutrients including nine essential amino acids, dietary fiber, enzymes, vitamins, minerals, carbohydrates, protein, fat, water, trace elements of minerals, omega-6 and omega-3 (two essential fatty acids); a protein source that may support digestion, heart health, providing similar amounts of protein as beef and lamb by weight that can easily be processed to milk, flour, and oil among other benefiting products that increase human homesteading ability including non-steroid animal feed; and contains unique phytocannabinoids such as the non-intoxicating and non-psychoactive THCA [Dr. William Courtney, expert on raw Cannabis]; 
 

WHEREAS, Domestication of Cannabis/Hemp/Marijuana to increase cannabinoid production including THC serves public health with individual’s and patient’s ability to titrate and limit the amount of inhaled smoke if smoking is the chosen ingestion method;
 

WHEREAS, “Available scientific data, that examines the carcinogenic properties of inhaling smoke and its biological consequences, suggests reasons why tobacco smoke, but not cannabis smoke, may result in lung cancer.” [https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1277837/]; 

 

WHEREAS, most Americans now live in a legal marijuana state, the People and legislatures of 24 states have already legalized cannabis for adult recreational use; 38 states (plus Washington D.C.), including the Commonwealth of Kentucky, have already legalized cannabis for medical purposes;
 

WHEREAS, Cannabis is regularly used safely and responsibly without medical supervision in jurisdictions that have legalized it such as Pennsylvania where almost two million Pennsylvanians exemplify such evident truth [SAMHSA 2012: 20.2% respondents aged 15 and older use cannabis; PA 2010 Census 9,861,456 aged 15 or older];
 

WHEREAS, More than 300,000 Kentuckians have been charged for Cannabis over the past two decades [Vera institute of Justice analysis of Kentucky Administrative Office of the Courts (AOC) data];
 

WHEREAS, current cannabis laws disproportionately impact marginalized communities, leading to racial disparities in arrests, convictions, and economic disenfranchisement; nearly triple the national national racial bias rate, more than 9 Blacks are arrested for it to every White in Kentucky [2020 ACLU Study: A Tale of Two Countries];
 

WHEREAS, The Commonwealth spends unknown millions of dollars per year enforcing prohibition policies;
 

WHEREAS, The black market resulting from the prohibition of cannabis is opaque to public entities, and is thus not a good outcome of policy;
 

WHEREAS, The prohibition of cannabis has had no meaningful positive effect, as it is more affordable, and widely available in the Commonwealth.  In over 80 years, the prohibition of cannabis has not achieved its stated goals;

WHEREAS, Law enforcement resources would be better spent fighting serious and violent crimes; 40% of all drug arrests were focused on marijuana; and data from the FBI’s report revealed that police arrested more people for cannabis related crimes in 2019 than for violent crimes;
 

WHEREAS, Kentuckians have been arrested, imprisoned, fined, or otherwise punished and stigmatized resulting in lost productivity and quality of life for their possession or use of cannabis;
 

WHEREAS, Around nine out of 10 Americans say marijuana should be legal for medical or recreational use; nine out of 10 Kentucky residents supported legalizing medical marijuana, and near 60 percent view cannabis should be legal under “any circumstances” [2022 Pew Research; 2019 Kentucky Health Issues Poll];
 

WHEREAS, The Political Parties of multiple states such as Pennsylvania’s Democratic Party has adopted an official platform position which recognizes the above facts about cannabis, and resolves that cannabis is safe enough, and ubiquitous enough in society, that it does not need to be restricted or prohibited by the Controlled Substances Act;

 

WHEREAS, President Biden stated: “As I often said during my campaign for President, no one should be in jail for using or possession marijuana.  Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit.  Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities”;
 

WHEREAS, The County Fiscal Court believes sufficient evidence exists to conclude cannabis prohibition, especially through drug testing, creates a bias toward alcohol and more dangerous drugs.  This bias has exacerbated prescription drug abuse and is casual to the creation/use of synthetic marijuana;
 

NOW THEREFORE BE IT FURTHER RESOLVED, for governing bodies to support policies which promote the full repeal of cannabis prohibition by its removal from the Controlled Substances Act, and to support the creation of new laws which ethically regulate it in a manner similar to other culturally accepted commodities.

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Definitions:

 

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

 

• “Adult” means an individual who is 18 years of age or older.

• “County law enforcement officer” means a member of any of the County Local Police Departments or any other city agency or department that engages in law enforcement activity.

• “Lowest law enforcement priority” means a priority such that all law enforcement activities related to all offenses other than adult, personal-use cannabis offenses shall be a higher priority than all law enforcement activities related to cannabis offenses, where the cannabis was intended for adult personal use, other than the exceptions designated in this chapter.

• “Cannabis” means all parts of the cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.
   

 

Directives:

 

(a) County law enforcement officers shall make law enforcement activity relating to cannabis offenses, where the cannabis was intended for adult personal use, their lowest law enforcement priority.  Law enforcement activities relating to cannabis offenses include, but are not limited to, investigation, citation, arrest, seizure of property, or aiding the prosecution of adult cannabis offenses.

 

(b) This lowest law enforcement priority policy shall apply to cooperating with state or federal agents to arrest, cite, investigate, prosecute, or seize property from adults for cannabis offenses included in the lowest law enforcement priority policy.

 

(c) County law enforcement officers shall not accept or renew formal deputation or commissioning by a federal law enforcement agency if such deputation or commissioning will include investigating, citing, arresting, or seizing property from adults for cannabis offenses included in the lowest law enforcement priority policy.

 

(d) Our county shall not accept any federal funding that would be used to investigate, cite, arrest, prosecute, or seize property from adults for cannabis offenses included in the lowest law enforcement priority policy.  This shall not prevent our county from receiving any federal funding not used for purposes contrary to this chapter.

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Oversight:

 

The County Fiscal Court shall ensure the timely implementation of this chapter by:

 

• Designing, with consultation with the local County Police Departments, a supplemental report form for County law enforcement officers to use to report all adult cannabis arrests, citations, and property seizures and all instances of officers assisting in state or federal arrests, citations, and property seizures for any adult cannabis offenses. The supplemental report form shall be designed with the goal of allowing the County Fiscal Court to ascertain whether the lowest law enforcement priority policy was followed;

 

• Receiving grievances from individuals who believe they were subjected to law enforcement activity contrary to the lowest law enforcement priority policy;

 

• Requesting additional information from any County law enforcement officer who engaged in law enforcement activity relating to one or more cannabis offenses under circumstances which appear to violate the lowest law enforcement priority policy.  An officer’s decision not to provide additional information shall not be grounds for discipline; and

 

• Reporting semi-annually on the implementation of this chapter, with the first report being issued nine months after the enactment of this chapter. These reports shall include but not necessarily be limited to: the number of all arrests, citations, property seizures, and prosecutions for cannabis offenses in our county; the breakdown of all cannabis arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony; any instances of law enforcement activity that the fiscal Court believes violated the lowest law enforcement priority policy; and the estimated time and money spent by the county on law enforcement and punishment for adult cannabis offenses. These reports shall be made with the cooperation of the County District Attorney’s Office, the County Police Departments, and any other County law enforcement agencies in providing needed data.

 

     County law enforcement officers shall submit to the fiscal court a supplemental report within seven calendar days after each adult cannabis arrest, citation, or property seizure or instance of assisting in a state or federal arrest,

citation, or property seizure for any adult cannabis offense in our county.

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Notifications:

 

     Beginning three months after the enactment of this chapter, the city clerk shall execute a mandatory and ministerial duty of sending letters on an annual basis to our county’s U.S. Representatives, both of our county’s U.S. Senators, our county’s Senators and Representative members in the state legislature, other State County courts, the Governor and Attorney-General of our State, the President and Attorney-General of the United States, and the UN Secretary-General.  This letter shall state, “The citizens of our County, and State, have passed an initiative to de-prioritize adult cannabis offenses, (industrial) hemp included, favoring such be lawful, and we request that fellow county, state, federal, and international governments take immediate actions to enact similar laws as: Notwithstanding any other provision of law to the contrary, it is lawful for adults to possess, cultivate, use, process, and nonprofit-transfer any and all parts of Cannabis."  This duty shall be carried out until state, federal and international laws are changed accordingly.  For the State and Federal Attorney Generals the letter shall also state, "we request similar action as the 2013 Cole Memorandum, and all Attorneys are informed that given its limited resources, the Justice Departments, will not enforce federal and state cannabis or marijuana prohibition in counties that have adopted this measure."

 

 

Enforceability; Severability:

 

     All sections of this chapter are mandatory.  A violation of this chapter is not a criminal offense.  If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.