Prop 215
Proposition 215, also known as the Compassionate Use Act of 1996, was a California ballot proposition on the November 5, 1996 ballot regarding medical use of marijuana. It passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against. That is more California votes than Presidents Clinton, Bush or most other elected official have received.
The proposition was a state-wide voter initiative authored by Dennis Peron, Anna Boyce , Valerie Corral (http://wamm.org), Dale Gieringer, William Panzer, Scott Imler, , and psychiatrist Tod H. Mikuriya, and approved by California voters. It allows patients with a valid doctor's recommendation, and the patient's designated Primary Caregivers, to possess and cultivate marijuana for personal medical use, and has since been expanded to protect a growing system of collective and cooperative distribution. The Act added Section 11362.5 to the California Health and Safety Code. This law has caused much conflict in the United States between states' rights advocates and those who support a stronger federal presence.
Proposition 215 has created a new exemption from criminal penalties for medical use of marijuana. This brochure will provide a general description of how that exemption applies to Californians (this format was adapted from a handout brochure). It represents the best of our knowledge as of the date printed above. Be sure to speak with a lawyer for an up-to-date interpretation and any specific questions about your own situation.
Prop. 215 does not legalize marijuana. It changes how certain people - medical patients and their "primary caregivers" - will be treated by the State of California's court system. Patients with a doctor's recommendation to use marijuana in medical treatment have a new legal defense available to them.
If arrested on marijuana charges, patients can claim entitlement to an exemption from the law. The burden of proof is largely on the patient, to prove his or her medical need and to prove that marijuana was used with the recommendation of a doctor.
The proposition was a state-wide voter initiative authored by Dennis Peron, Anna Boyce , Valerie Corral (http://wamm.org), Dale Gieringer, William Panzer, Scott Imler, , and psychiatrist Tod H. Mikuriya, and approved by California voters. It allows patients with a valid doctor's recommendation, and the patient's designated Primary Caregivers, to possess and cultivate marijuana for personal medical use, and has since been expanded to protect a growing system of collective and cooperative distribution. The Act added Section 11362.5 to the California Health and Safety Code. This law has caused much conflict in the United States between states' rights advocates and those who support a stronger federal presence.
Proposition 215 has created a new exemption from criminal penalties for medical use of marijuana. This brochure will provide a general description of how that exemption applies to Californians (this format was adapted from a handout brochure). It represents the best of our knowledge as of the date printed above. Be sure to speak with a lawyer for an up-to-date interpretation and any specific questions about your own situation.
Prop. 215 does not legalize marijuana. It changes how certain people - medical patients and their "primary caregivers" - will be treated by the State of California's court system. Patients with a doctor's recommendation to use marijuana in medical treatment have a new legal defense available to them.
If arrested on marijuana charges, patients can claim entitlement to an exemption from the law. The burden of proof is largely on the patient, to prove his or her medical need and to prove that marijuana was used with the recommendation of a doctor.
The text of the Prop 215 initiative
Section 1. Section 11362.5 is added to the California Health and Safety Code, to read:
11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the persons health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other illness for which marijuana provides relief. (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, Primary caregiver means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health or safety of that person.
Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the persons health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other illness for which marijuana provides relief. (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, Primary caregiver means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health or safety of that person.
Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
