CONSTITUTION

for the

UNITED STATES OF AMERICA REPUBLIC

 

 

 

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THE NEW COVENANT WITH ISRAEL AND JUDAH

(  JEREMIAH 31:31-37 )

 

 

31 Ya said: the time will come when I will make a new covenant with the People of Israel and Judah.  

 

32 It will be different from the covenant I made with their ancestors when I led them out of Egypt.  Although I was their God they broke that covenant.

 

33 Here is the new covenant that I will make with the People of Israel "I will write in my laws on their hearts and minds.  I will be their God and they will be my People".

 

34 "No longer will they have to teach one another to obey me.  Ya, promise that all of them will obey me, ordinary people and rulers alike.  I will forgive their sins and forget the evil things they have done".

 

35 I'm Ya, all powerful, I command the Sun to give light each day, the Moon and the stars to shine at night and ocean waves to roar.  

 

36 I will never forget to give those commands and I will never let Israel stop being a nation.  Ya has spoken.

 

37 Can you measure the heavens?  Can you explore the depths of the earth?  That's how hard it would be for me to reject Israel forever, even though they have sinned.  I, Ya, have spoken.

 

 

1 Kings 8:46-53 (Holy Bible)

 

 

46 If they sin against thee, (for there is no man that sinneth not,) and thou be angry with them, and deliver them to the enemy, so that they carry them away captives unto the land of the enemy, far or near;

 

47 Yet if they shall bethink themselves in the land whither they were carried captives, and repent, and make supplication unto thee in the land of them that carried them captives, saying, We have sinned, and have done perversely, we have committed wickedness;

 

48 And so return unto thee with all their heart, and with all their soul, in the land of their enemies, which led them away captive, and pray unto thee toward their land, which thou gavest unto their fathers, the city which thou hast chosen, and the house which I have built for thy name:

 

49 Then hear thou their prayer and their supplication in heaven thy dwelling place, and maintain their cause,

 

50 And forgive thy people that have sinned against thee, and all their transgressions wherein they have transgressed against thee, and give them compassion before them who carried them captive, that they may have compassion on them:

 

51 For they be thy people, and thine inheritance, which thou broughtest forth out of Egypt, from the midst of the furnace of iron:

 

52 That thine eyes may be open unto the supplication of thy servant, and unto the supplication of thy people Israel, to hearken unto them in all that they call for unto thee.

 

53 For thou didst separate them from among all the people of the earth, to be thine inheritance, as thou spakest by the hand of Moses thy servant, when thou broughtest our fathers out of Egypt, O Lord God.

 

O Father in heaven hear our prayer and our supplication and maintain our cause.

 

(HOLY QURAN SURA 49:13)

 

O mankind!  We have created you from a single pair of male and female, and made you into nations and tribes, that ye may know one each other not that you may despise each other.  Verily,  the most honoured of you, in the sight of Allah is He, who is the most righteous of you.  And, Allah has full knowledge and is well acquainted with all things.

 

 

CIRCLE 7 HOLY KORAN XLVII

 

9. According to all true and divine records of the human race there is no negro, black, or colored race attached to the human family, because all the inhabitants of Africa were and are of the human race, descendants of the ancient Canaanite nation from the holy land of Canaan.

 

10. What your ancient forefathers were, you are today without doubt or contradiction.

 

11. There is no one who is able to change man from the descendant nature of his forefathers; unless his power extends beyond the great universal Creator Allah Himself

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THE PREAMBLE

 

We, The People of the United States of America Republic, with profound reverence for the Supreme Ruler of the Universe, in order to form a more Independent and Perfect government; establish Love, Truth, Peace, Freedom and Justice; insure tranquility; Provide for the common defense; Promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America Republic.  As the Law of the Land, We, The People of the Moorish American Society, pledge Our Lives and Property to each other; to gain equal footing in the affairs of men and for other purposes in order to establish justice, promote the health, safety and welfare, secure the Blessings of liberty to Ourselves and Our Posterity do by Our representatives in Convention, ordain and establish the following Constitution Republic form of Government and mutually agree with each other to form Ourselves into a Free and Independent State by the name of: United States of America Republic and we do hereby ratify the boundaries assigned to such State by the Act of Redemption at the Pan American Conference in 1928; the aforesaid which are as follows to wit:  Extends from North-East and South-West Africa across great Atlantis even unto the present North, South and Central America and also into Mexico and the Atlantis Islands; Amexem, Turtle Island, Frog Island.  The fate of the unborn millions will now depend, under the Creator of the Universe, on the conduct of this Sovereign Nation State of Moorish American Nationals and Citizens, Let us, therefore, animate and encourage each other and show the whole world that we as Moorish American Nationals and Citizens are contending for Liberty as Moors on grounds superior to any nation on Earth; We now renew our Covenant with our Creator.

 

           

OUR CONSTITUTION

 

 

ARTICLE I

The President and the Chairman of the United States of America Republic are in power to make Law and enforce laws with the assistance of the Legislature. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States of America Republic and Treaties made, or which shall be made under their Authority shall be the Supreme Law of the Land; and only a Moorish National shall be eligible to the office of President, or any office in the Executive, Legislature, or Judicial branch of the United States of America Republic.  The Vice President is to assist the President in all affairs if he lives according to Love, Truth, Peace, Freedom, and Justice; and it is known before the Moorish Nationals and Citizens of the United States of America Republic.

 

 

ARTICLE II

All meetings are to be opened and closed promptly according to the Circle Seven and Love, Truth, Peace, Freedom, and Justice.  Friday is our Holy Day of rest, because on a Friday the first man was formed in flesh, and on a Friday the first man departed out of flesh and ascended unto his Father God Allah; for that cause Friday is the Holy day of all Moslems all over the world.

 

 

ARTICLE III

Love, Truth, Peace, Freedom, and Justice must be proclaimed and practiced by all Moorish Nationals and Citizens of the United States of America Republic. No Nationals or Citizens are to put in danger or accuse falsely his brother or sister on any occasion at all that may harm his brother or sister, because Allah is Love.

 

ARTICLE IV

All Moorish Nationals and Citizens must preserve the Constitution and Laws, and all Moorish Nationals and Citizens must obey the Laws of the United States of America Republic, because by being Moorish Nationals and Citizens, you are a part and parcel of the United States of America Republic, and must live the life accordingly.

 

ARTICLE V

The Moorish Science Temple of America is not to cause any confusion or to overthrow the Laws and Constitution of the United States of America Republic, but to obey hereby; and any Thing in the Constitution or any Laws to the Contrary Notwithstanding.

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ARTICLE VI

With us all Moorish Nationals and Citizens must proclaim their Nationality and we are conferring Our People their Nationality; and their divine creed that they may know that they are a part and a parcel of the United States of America Republic, and are not Negroes, Colored Folks, Black People, or Ethiopians, because these names were given to slaves by slave holders in 1779 and lasted until 1865 during the time of slavery; but this is a new era of time now, and all men now must proclaim their free National name to be recognized by the Government in which they live and the nations of the earth; this is the reason why Allah the great God of the universe ordained Noble Drew Ali, the Prophet to redeem his people from their sinful ways. The Moorish Americans are the descendants of the ancient Moabites who inhabited the North Western and South Western shores of Africa.

 

ARTICLE VII

All Moorish Nationals and citizens must become a part and parcel of all uplifting acts of the United States of America Republic.  Moorish Nationals and citizens must pay their Taxes and keep in line with all necessities of the United States of America Republic, then you are entitled to the name of “Faithful.”  Husband, you must support your wife and children; wife, you must obey your husband and take care of your children, and look after the duties of your household.  Sons and daughters must obey fathers and mothers; be industrious and become part of the uplifting of fallen humanity. All Moorish Nationals and citizens must keep their hearts and minds pure with love, and their bodies clean with water. This Constitution/Covenant is a Social Contract between the Moorish Nationals and Citizens and their Creator.

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ARTICLE VIII

 

Section 1.  Full Faith and Credit among Provinces

Full Faith and Credit shall be given in each Province to the Public Acts, Records, and judicial proceedings of every other Province; and the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the effect thereof.

 

Section 2.  Privileges and Immunities, Fugitives

Clause 1. The Citizens of the United States of America Republic shall be entitled to all Privileges and Immunities of Citizens in the United States and the several States.

 

Clause 2. A Person charged in any Province, District, or State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another Jurisdiction, shall on Demand of the executive Authority of the Province, District, or State from which he fled, be delivered up, to be removed to the Province, District, or State having Jurisdiction of the Crime.

 

Clause 3. No Person held to Service or Labour in one Province, District, or State, under the Laws thereof, escaping into another, shall, in consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

 

Section 3.  Admission of New Provinces

Clause 1. New Provinces may be admitted by the Congress into this Union; but no new Province shall be formed or erected within the Jurisdiction of any other Province; nor any Province be formed by the Junction of two or more Provinces, or Parts of Provinces, without the Consent of the Legislatures of the Provinces concerned, as well as of the United States of America Republic Congress.

 

Clause 2 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Provinces or other Property belonging to the United States of America Republic. Nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States of America Republic or of any particular Province.

 

Section 4.  Guarantee of a “Republic” Government

The United States of America Republic shall guarantee to every Province in this Union a Republic Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.

 

 

ARTICLE IX

Amendment of the Constitution

 

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution or on the Application of the Legislatures of two thirds of the Provinces, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes as Part of this Constitution when ratified by the Legislatures of three fourths of the Provinces or by Conventions in the three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.

 

 

ARTICLE X

Debts, Supremacy, Oath

 

Clause 1. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States of America Republic under this Constitution, as under the Confederation.

 

Clause 2. This Constitution and the Laws of the United States of America Republic, which shall be made in Pursuance thereof, and all Treaties made or which shall be made, under the Authority of the United States of America Republic, shall be the supreme Laws of the Land; and the Judges of the United States, the Several States and the Provinces of the United States of America Republic shall be bound thereby; anything in the Constitution or Laws of any State to the contrary notwithstanding.

 

Clause 3. The Senators and Representatives before mentioned, the Members of the Provincial Legislatures, and all executive and judicial officers both of the United States of America Republic, the United States, as well as the Several States, shall be bound by Oath or Affirmation, to support this Constitution; and no religious test shall be required as Qualification to any Office or Public Trust under the United States of America Republic.

 

 

ARTICLE XI

Personal Use and Regulation of Marijuana and Other Substances

 

 

PURPOSE AND FINDING

 

I.  In the interest of the efficient use of law enforcement resources and enhancing revenue for public purposes and individual freedom, The People of the United States of America Republic hereby find and declare that the use of marijuana, iboga, psilocybin mushrooms, peyote, and dimethyltryptamine should be legal for persons twenty-one years of age or older and taxed in a manner similar to alcohol.

 

II.  In the interest of the health and public safety of our citizenry, The People of the United States of America Republic further find and declare that marijuana should be regulated in a manner similar to alcohol so that:

 

1. Individuals will have to show proof of age before purchasing marijuana;

2. Selling, distributing, or transferring marijuana to minors and other individuals under the age of twenty-one shall remain illegal;

3. Driving under the influence of marijuana shall remain illegal;

4. Legitimate, taxpaying business people, and not criminal actors, will conduct  sales of marijuana;

5. Marijuana sold in this Republic will be labeled and subject to additional regulations to ensure that consumers are informed and protected.

 

III.  In the interest of enacting rational policies for the treatment of all variations of the cannabis plant, The People of United States of America Republic further find and declare that industrial hemp should be cultivated and regulated separately from strains of cannabis with higher delta-9 tetrahydrocannabinol (THC) concentrations.

 

IV.  The People of the United States of America Republic further find and declare that it is necessary to ensure consistency and fairness in the application of this section throughout the Republic; and therefore, the matters addressed by this section are, except as specified herein, matters of Republic concern.

 

DEFINITIONS: As used in this section, unless the context otherwise requires,

 

a. “Iboga” and “Ibogaine” means all parts of the plant of the genus Tabernanthe, Voacanga Africana, and Tabernaemontana undulate 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, including concentrated forms.

 

b. “Peyote” or “mescaline” means all parts of the plant of the genus Lophophora williamsii 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, including concentrated forms.

 

c. “Psilocybin” or “Psilocybin mushrooms” means all parts of the plant of the genus Psilocybe 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, including concentrated forms.

 

d. “Dimethyltryptamine” or “ayahuasca” means all parts of the plants of the genus Banisteriopsis caapi, Diploterys cabrerana, Psychotria and all other plants from which may be derived the structural analog of serotonin and melatonin and a functional analog of other psychedelic tryptamines such as 4-AcO-DMT, 5-MeO-DMT, 5-OHDMT, psilocybin (4-PO-DMT), and psilocin (4-OH-DMT), whether growing or not, the seeds therefrom, 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, including concentrated forms.

 

e. “Consumer” means a person twenty-one years of age or older who purchases marijuana or marijuana products for personal use by persons twenty-one years of age or older, but not for resale to others.

 

f. “Department” means the department of revenue or its successor agency.

 

g. “Industrial Hemp” means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis.

 

h. “Locality” means county, municipality, or city and county.

 

i. “Marijuana” or “Marihuana” means all parts of the plant of the genus cannabis 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, including marihuana concentrate, “marijuana or marihuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.                                                                                                                                                    

j. “Marijuana accessories” means any equipment, products, or materials of any kind which are used, intended for use, or designed f or use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

 

k. “Marijuana cultivation facility” means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

 

l. “Marijuana establishment” means a marijuana cultivation facility, marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

 

m. “Marijuana product manufacturing facility” means and entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

 

n. “Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to edible products, ointments, and tinctures.

 

o. “Marijuana testing facility” means an entity licensed to analyze and certify the safety and potency of marijuana.

           

p. Medical marijuana center” means an entity licensed by a Republic agency to sell Marijuana and marijuana products.

 

q. “Retail marijuana store: means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana products to consumers.

 

r. “Unreasonably impracticable” means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.

 

s. For sake of common use and brevity under this article, the regulations adopted herein with specific reference to “marijuana” are simultaneously adopted where their application would be synonymous or analogous to those of “peyote” “mescaline”, “iboga”, “ibogaine”, “psilocybin”, “DMT”, and “ayahuasca”. Wherever in these regulations enacted within this article the word “marijuana” is used, the terms “peyote”, “mescaline”, “iboga”, “ibogaine”, “psilocybin”, “DMT”, and “ayahuasca” may be substituted in every place and in every section where the word “marijuana” is used and shall be enacted as though adopted to the same as far as applicable, reasonable, and of worthwhile mental, spiritual, physical, and societal benefit to The People of the United States of America Republic.

 

 

PERSONAL USE OF MARIJUANA

 

Notwithstanding any other provision of law, following acts are not unlawful and shall not be an offense under the United States of America Republic or the law of any locality within the Provinces of the United States of America Republic or be a basis for seizure or forfeiture of assets under the United States of America Republic Laws for persons twenty-one years of age or older.

 

a. Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less marijuana.

 

b. Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.

 

c. Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years old or younger.

 

d. Consumption of marijuana provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.

 

e. Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection.

 

 

LAWFUL OPERATION OF MARIJUANA-RELATED FACILITIES

 

Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under the United States of America Republic Laws or be a basis for seizure or forfeiture of assets under law for persons twenty-one years of age or older:

 

a. Manufacture, possession, or purchase of marijuana accessories or the sale of marijuana accessories to a person who is twenty-one years of age or older.

 

b. Possessing, displaying, or transporting marijuana or marijuana products; purchase of marijuana from marijuana cultivation facility; purchase of marijuana or marijuana products to consumers, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a retail marijuana store or is acting in his or her capacity as an owner, employee or agent of a licensed retail marijuana store.

 

c. Cultivating, harvesting, processing, packaging, transporting, displaying, or possessing marijuana; delivery or transfer of marijuana to a marijuana testing facility; selling marijuana to a cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; or the purchase of marijuana from a marijuana cultivation facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana cultivation facility.

 

d. Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; delivery or transfer of marijuana or marijuana products to a marijuana testing facility; selling marijuana or marijuana products from a marijuana cultivation facility, or the purchase of marijuana or marijuana products from a marijuana product manufacturing facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana product manufacturing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana product manufacturing facility.

 

e. Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana or marijuana products if the person has obtained a current valid license to operate marijuana testing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana testing facility.

 

f. Leasing or otherwise allowing the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (e) of this subsection.

 

 

REGULATION OF MARIJUANA

 

a. Not later than January 1, 2016, the department shall adopt regulations necessary for implementation of this section. Such regulations shall not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. Such regulations shall include:

 

1. Procedures for the issuance, renewal, suspension, and revocation of a license to operate a marijuana establishment;

 

2. A schedule of application, licensing and renewal fees, provided, application fees shall not exceed five thousand dollars, with this upper limit adjusted annually for inflation, unless the department determines a greater fee is necessary to carry out its responsibilities under this section;

 

3. Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;

 

4. Security requirements for marijuana establishments;

 

5. Labeling requirements for marijuana products sold or distributed by a marijuana establishment.

 

6. Health and safety regulations and standards for the manufacture or marijuana products and the cultivation of marijuana.

 

7. Restrictions on the advertising and display of marijuana and marijuana products; and

 

8. Civil penalties for the failure to comply with regulations made pursuant to this section.

 

b.  In order to ensure the most secure, reliable, and accountable system for the production and distribution of marijuana and marijuana products in accordance with this subsection, in any competitive application process the department shall have as a primary consideration whether an applicant;

 

1. Has prior experience producing or distributing marijuana products pursuant to section k of this article in the locality in which the applicant seeks to operate a marijuana establishment; and

 

2. Has prior experience described in subparagraph (1), compiled consistently with section k of this article, and conforming regulations.

 

c. In order to ensure that individual privacy is protected, notwithstanding paragraph (a) the department shall not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer’s age, and a retail marijuana store shall not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted a retail liquor store.

 

d. The general assembly shall enact an excise tax to be levied upon marijuana sold or otherwise transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store at a rate not to exceed fifteen percent prior to January 1, 2017 and at a rate to be determined by the general assembly thereafter, and shall direct the department to establish procedures for the collection of all taxes levied. Provided the first forty million dollars in revenue raised annually from any such excise tax shall be credited to an established government trust fund to be named at a later time or any successor fund dedicated to a similar purpose.  Provided further, no such excise tax shall be levied upon marijuana intended for sale at medical marijuana centers pursuant to section k of this article.

 

e. Not later than October 1, 2015, each locality shall enact an ordinance or regulation specifying the entity within the locality that is responsible for processing applications submitted for a license to operate a marijuana establishment within the boundaries of the locality and for the issuance of such licenses should the issuance by the locality become necessary because of a failure by the department to adopt regulations pursuant to paragraph (g).

 

f. A locality may enact ordinances or regulations, not in conflict with this section or with regulations or legislation enacted pursuant to this section, governing the time, place, manner and number of marijuana establishment operations; establishing procedures for the issuance, suspension, and revocation of a license issued by the locality in accordance with paragraph (h) or (i) establishing a schedule of annual operating, licensing, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to a locality in accordance with paragraph (i) and licensing fee shall only be due if a license is issued by a locality in accordance with paragraph (h) or (i) and establishing civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in such locality. A locality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measure; provided, any initiated or referred measure to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measure; provided, any initiated or referred measure to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities marijuana testing facilities, or retail marijuana stores must appear on a general election ballot during an even numbered year.

 

g.Each application for an annual license to operate a marijuana establishment shall be submitted to the department. The department shall:

 

1. Begin accepting and processing applications on January 1, 2016;

 

2. Immediately forward a copy of each application and half of the license application fee to the locality in which the applicant desires to operate the marijuana establishment;

 

3. Issue an annual license to the applicant between forty-five (45) and ninety (90) days after receipt of an application unless the department finds the applicant is not in compliance with regulations enacted pursuant to paragraph (a) or the department is notified by the relevant locality that the applicant is not in compliance with ordinances and regulations made pursuant to paragraph (f) and in effect at the time of the application, provided, where a locality has enacted a numerical limit on the number of marijuana establishments and a greater number of applicants seek licenses, the department shall solicit and consider input from the locality as to the locality’s preference or preferences for licensure; and

 

4. Upon denial of an application, notify the application in writing of the specific reason for its denial.

 

h.     If the department does not issue a license to an applicant within ninety days of receipt of the application filed in accordance with paragraph (g) and does not notify the applicant of the specific reason for its denial, in writing and within such time period, or if the department has adopted regulations pursuant to paragraph (a) and has accepted applications pursuant to paragraph (g) but has not issued by licenses by January 1, 2016, the applicant may resubmit its application directly to the locality, pursuant to paragraph (e), and the locality may issue an annual license to the applicant.  A locality issuing a license to an applicant shall do so within ninety days of receipt of the resubmitted application unless the locality finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations mad pursuant to paragraph (f) in effect at the time the application is submitted to a locality under this paragraph, the department shall forward to the locality the application fee paid by the applicant to the department upon request by the locality. A license issued by a locality in accordance with this paragraph shall have the same force and effect as a license issued by the department in accordance with paragraph (g) and the holder of such license shall not be subject to regulation or enforcement by the department during the term of that license. A subsequent or renewed license may be issued under this paragraph on an annual basis only upon resubmission to the locality of a new application submitted to the department pursuant to paragraph (g).

 

i. An applicant may submit an application directly to a locality after January 1, 2016 and the locality may issue an annual license to the applicant. A locality issuing a license to an applicant shall do so within ninety days of receipt of the application unless it finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations made pursuant to paragraph (f) in effect at the time of application and shall notify the department if an annual license has been issued to the applicant. A license issued by a locality in accordance with this paragraph shall have the same force and effect as a license issued by the department in accordance with paragraph (g) and the holder of such license shall not be subject to regulation or enforcement by the department during the term of that license. A subsequent or renewed license may be required by paragraph (a) at least ninety days prior to the date upon which such subsequent or renewed license would be effective or if the department has adopted regulations pursuant to paragraph (a) but has not, least ninety days after the adoption of such regulations, issued licenses pursuant to paragraph (g).

 

j.      Not later than January 1, 2016, the general assembly shall enact legislation governing the cultivation, processing and sale of industrial hemp.

 

k.   TAKING PRIVATE PROPERTY FOR PRIVATE USE.  Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity and except for reservoirs, drains, flumes or ditches on or across the lands of others for agricultural, mining, milling, or domestic or sanitary purposes.

 

 

EMPLOYERS, DRIVING, MINORS AND CONTROL OF PROPERTY

 

a. Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.

 

b.   Nothing in this section is intended to allow driving under the influence of marijuana or driving while impaired by marijuana or to supersede statutory laws related to driving under the influence or marijuana or driving while impaired by marijuana, nor shall this section prevent the Republic from enacting and imposing penalties for driving under the influence of or while impaired by marijuana.

 

c.   Nothing in this section is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of twenty-one or to allow a person under the age of twenty-one to purchase, possess, use, transport, grow, or consume marijuana.

 

d.   Nothing in this section shall prohibit a person, employer, school, hospital, detention facility, corporation or any other entity who occupies, owns or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.

 

 

MEDICAL MARIJUANA PROVISIONS UNAFFECTED 

 

Nothing in this section shall be construed: 

                       

a. To limit any privileges or rights of a medical marijuana patient, primary caregiver, or license entity as provided in Section k of this article;

 

b. To permit a medical marijuana center to distribute marijuana to a person who is not a medical marijuana patient;

 

c. To permit a medical marijuana center to purchase marijuana or marijuana products in a manner or from a source not authorized;

 

d. To permit any medical marijuana center licensed pursuant to section k of this article to operate on the same premises as a retail marijuana store;

 

SELF-EXECUTING, SERVERABILITY, CONFLICTING PROVISIONS. All provisions of this section are self-executing except as specified herein, are severable, and except where otherwise indicated in the text, shall supersede conflicting Republic statutory, local charter, ordinance, or resolution, and other Republic and local provisions.

 

EFFECTIVE DATE. Unless otherwise provided by this section, all provisions of this section shall become effective upon official declaration of the vote hereon by proclamation of the president, pursuant to section 1 (4) of article V.

 

 

AMENDMENTS

 

I.    Freedom of Religion, of Speech, and of the Press

2.   Right to Keep and Bear Arms

3.   Quartering of Soldiers

4.   Security from Unwarrantable Search and Seizure

5.   Rights of Accused in Criminal Proceedings

6.   Right to a Speedy Trial, Witnesses, etc.

7.   Trial by Jury in Civil Cases

8.   Bails, Fines, Punishments

9.   Reservation of Rights of The People

10. Powers Reserved to States

11. Restriction of Judicial Power

12. Election of President and Vice-President

13. Abolition of Slavery

14. Repatriation

15. Public Ministers

16. Province Recorder

17. Divine Founders

18. State Sovereignty

19. Perpetual Government

 

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