One Hundred-fifteenth Congress of the United States of America; At the Second Session, Begun and held at the City of Washington on Friday, the twentieth day of April, two thousand and eighteen. JOINT RESOLUTION Proposing the 28 th amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein). That the following is hereby proposed as the 28 th amendment to the Constitution of the United States, which shall be valid for all intents and purposes as part of the Constitution when ratified by conventions in three-fourths of the several States: Amendment 28 Section 1 THE PERSONAL USE OF MARIJUANA (CANNABIS) A. In the interest of the efficient use of law enforcement resources, enhancing public purposes, and protecting individual freedoms, the people of the United States of America find and declare that the personal use of marijuana (cannabis) or marijuana (cannabis) products should be legal for persons twentyone (21) years of age or older; B. Further, in the interest of the health and public safety of our citizenry, the people of the United States of America find and declare that the personal use of marijuana (cannabis) or marijuana (cannabis) products should be protected by the 28 th amendment to the United States Constitution in that: i) Individuals twenty-one (21) years of age and older can legally possess up to one (1) ounce of marijuana (cannabis) or marijuana (cannabis) products for personal use; ii) Individuals will be required to show proof of their age of twenty-one (21) years or older to make the possession of up to one (1) ounce of marijuana (cannabis) or marijuana (cannabis) products legal; C. Selling, distributing, transferring, or giving marijuana (cannabis) or marijuana (cannabis) products to individuals under twenty-one (21) years of age shall remain illegal; D. Driving under the influence of marijuana (cannabis) or marijuana (cannabis) products shall remain illegal; E. In the interest of enacting rational policies for the use, consumption and treatment of all variations of the marijuana (cannabis) plant, the people further find and declare that industrial hemp should be treated separately from strains of marijuana (cannabis) with higher delta-9 tetrahydrocannabinol (THC) concentrations;
F. The people further find and declare that it is necessary to ensure consistency and fairness in the application of this United States Constitutional amendment throughout the states and that, therefore, the matters addressed by this and the following sections are, except as specified herein, matters of nationwide concern and must be addressed proactively. Section 2 DEFINITIONS - AS USED IN THIS AMENDMENT UNLESS THE CONTEXT REQUIRES OTHERWISE: Marijuana (cannabis) or marijuana (cannabis) product consumer means a person twenty-one (21) years of age or older who legally possesses one (1) ounce or less of marijuana (cannabis) or marijuana (cannabis) product(s); Assisting another person possess, consume, use, display, or transport one ounce or less of marijuana (cannabis) or marijuana (cannabis) products means to provide help, support, labor, time, money and any other reasonable form of assistance to a person twenty-one (21) years of age or older; "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 five-tenths percent (0.5%) on a harvested, dry weight basis; "Marijuana or cannabis 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 marijuana or cannabis concentrate. "Marijuana or cannabis 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 and/or material(s) combined with "marijuana" or cannabis to prepare any and/or all medicinal, topical, or oral administrations, including food, drink, or any other marijuana (cannabis) product(s) developed; "Marijuana (cannabis) accessories" means any item, equipment, product(s), or material(s) of any kind which are used, can be used, intended for use, designed for use, or planned for use in germinating, planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, smoking, ingesting, inhaling, or otherwise introducing marijuana (cannabis) or marijuana (cannabis) products into the human body; "Community marijuana (cannabis) cultivation facility" means a location where a non profit individual, non profit community benefit organization or any other non profit entity assisting others in accordance with this amendment to cultivate, prepare, package, transport and/or consume marijuana (cannabis), or marijuana (cannabis) products ; "Marijuana (cannabis) products" means marijuana (cannabis), concentrated marijuana (cannabis) products and any other marijuana (cannabis) product(s) that are combined with non marijuana (cannabis) ingredients and are intended for use or consumption as, but not limited to, edible products, topical oils, ointments, salves, tinctures and all other medicinal applications; Sale means the act of transferring marijuana (cannabis), or marijuana (cannabis) product(s) from one person to another for a pecuniary profit; Pecuniary Profit means the excess returns over expenditures in a transaction or series of transactions; it is especially the excess in the sale price of the marijuana (cannabis), or marijuana (cannabis) products over the cost of production and transfer of the marijuana (cannabis), or marijuana (cannabis) products;
Non profit enterprise means to establish and operate an enterprise while not making a pecuniary profit; Non profit private membership only means a private membership organization originally established, operated and not conducted or maintained for the purpose of making a pecuniary profit; Transfer without sale or profit means that all transfers of marijuana (cannabis) and/or marijuana (cannabis) products must be conducted in a non profit reimbursement of costs for time and materials manner; Reimbursement of costs for time and materials means the repayment of costs for location, power/utilities, labor, transportation and related items or materials used for assisting other individuals 21 years of age or older in the cultivating, possessing, processing or transporting of the marijuana (cannabis) and/or marijuana (cannabis) products. Reimbursement of all costs for time and materials can not include a pecuniary profit; Section 3 THE PROTECTED PERSONAL USE OF MARIJUANA (CANNABIS) Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under federal law or the law of any state or local jurisdiction within the United States of America or be a basis for seizure or forfeiture of assets under federal, state or local jurisdiction for persons twentyone (21) years of age or older: (a) Possessing, consuming, using, displaying, or transporting marijuana (cannabis), marijuana (cannabis) products, marijuana (cannabis) accessories or one ounce or less of marijuana (cannabis) or one ounce or less of marijuana (cannabis) products; (b) Possessing, growing, processing, or transporting no more than six marijuana (cannabis) plants, with three or fewer being mature, flowering plants, and possession of the marijuana (cannabis) and/or marijuana (cannabis) products 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 done for profit or sale; (c) The transfer without sale or pecuniary profit, of one ounce or less of marijuana (cannabis) or one ounce or less of marijuana (cannabis) products to a person who is twenty-one (21) years of age or older; (d) Consumption of marijuana (cannabis) and/or marijuana (cannabis) products, provided that consumption is conducted in a manner that does not endanger the public; (e) Assisting another individual who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this section. (f) Reimbursement of all costs for labor, time and materials associated with the assisting of another individual as mentioned in Section 3(e) directly above; (g) The operation of a non profit private membership only location wherein persons twenty-one (21) years of age or older can enjoy their constitutionally protected personal use of marijuana (cannabis) without fear of government intervention; Section 4 LIMITS TO PERSONAL USE (a) Nothing in this amendment is intended to allow a person under the age of twenty-one (21) years of age to possess, produce, use, consume, cultivate, grow or transport marijuana (cannabis) and/or marijuana
(cannabis) products, nor does it permit the transfer of marijuana (cannabis) and/or marijuana (cannabis) products as a gift, or with pecuniary profit to a person under the age of twenty-one (21) years of age; (b) Nothing in this amendment is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, or growing of marijuana (cannabis) in the workplace or to affect the ability of employers to have policies restricting the use of marijuana (cannabis) and/or marijuana (cannabis) products by employees; (c) Nothing in this amendment 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, transportation, production, or cultivation of marijuana (cannabis) and/or marijuana (cannabis) products on or in that property. (d) The federal, state and/or local governments may enact statutes, ordinances and/or regulations pursuant to, but not contravening or limiting this amendment. When the federal, state and/or local governments enact any/all statutes, ordinances and/or regulations pursuant to this amendment, drug abuse prevention programs and drug abuse treatment, including the required funding of such programs and treatment must be included in all legislation signed into law. (e) The federal, state and/or local governments may not oppose, violate, contradict, prohibit or in anyway limit any of the rights guaranteed by this 28 th amendment to the Unites States Constitution; Section 5 SELF-EXECUTING, SEVERABILITY, CONFLICTING PROVISIONS Except as specified herein all provisions of this amendment are severable, self-executing and, except where otherwise indicated in the text, shall supersede conflicting federal and state statutory, local charter, ordinance(s), or resolution(s), and all other federal, state and local provisions of law. Section 6 EFFECTIVE DATE Unless otherwise provided by this amendment, all provisions of this amendment shall become the 28 th amendment to the Constitution of the United States, which shall be valid for all intents and purposes as part of the Constitution of the United States of America, ratified by conventions in three-fourths of the several States and becoming effective pursuant to Article V of the Constitution of the United States of America. Section 7 EXPIRATION DATE This amendment shall be inappropriate unless it shall have been ratified as the 28 th amendment to the Constitution of the United States by ratifying conventions in the several States, as provided for in the Constitution, within seven (7) years from the date of submission hereof to the States by the Congress. Dated this 2 nd day of October, in the Year of our Lord 2018 Signed: and Speaker of the House of Representatives Vice President of the United States and President of the Senate
If you have questions and/or would like to Contribute Your Support to 42028ORG, please email us at GiveSupport@42028.org END CANNABIS (marijuana) PROHIBITION! OUR PLANT - OUR RIGHT! WITH UNITY OF PURPOSE WE WILL OVERCOME ANY OBSTACLE The above Joint Resolution Proposing the 28 th Amendment to the United States Constitution is submitted by The People Of The United States (POTUS) on this 20 th day of April in the year of our Lord 2018. For Freedom We Stand United In Our Purpose and Devoted To Our Cause. Signed: Let Freedom Ring! We abolished alcohol prohibition with the 21 st Amendment to the United States Constitution. Likewise We will abolish cannabis prohibition with the 28 th Amendment to the United States Constitution. United We Stand!