California Proposition 215, Medical Marijuana Initiative (1996)
| California Proposition 215 | |
|---|---|
 | |
| Election date November 5, 1996 | |
| Topic Marijuana | |
Status Approved | |
| Type State statute | Origin Citizens |
California Proposition 215 was on the ballot as an initiated state statute in California on November 5, 1996. It was approved.
A "yes" vote supported exempting patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana. |
A "no" vote opposed exempting patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana. |
Election results
|
California Proposition 215 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
5,382,915 | 55.58% | ||
| No | 4,301,960 | 44.42% | ||
Aftermath of Prop 215
People v. Kelly, 2010
Proposition 215 also led to the lawsuit, People v. Kelly. This case was decided in January 2010 by the California Supreme Court, which ruled that the state of California cannot, through the legislative process, impose a state limit on medical marijuana that is more restrictive than what is allowed under Proposition 215. People v. Kelly helps define laws governing the initiative process in California especially as it relates to legislative alteration.[1]
San Diego and San Bernardino county lawsuit, 2009
In May 2009, the U.S. Supreme Court declined to hear an appeal of a California state appellate ruling from 2008 that upheld Proposition 215 and concluded that California can decide whether to eliminate its own criminal penalties for medical marijuana regardless of federal law. The appellate ruling came about because of lawsuit against Proposition 215 filed by San Diego and San Bernardino counties. These counties objected to Proposition 215 on the grounds that it requires them, in their view, to condone drug use that is illegal under federal law. They also challenged a law that requires counties to issue identification cards to medical marijuana patients so these patients can identify themselves to law enforcement officials as legally entitled to possess small amounts of marijuana.Cite error: Closing </ref> missing for <ref> tag
Medical Marijuana Program Act, 2004
In 2004, the California State Legislature passed the Medical Marijuana Program Act (MMPA). MMPA was intended to clarify which specific practices with regard to medical marijuana were to be considered lawful in the state. The MMPA:
- established a voluntary statewide identification card system;
- set limits on the amount of medical marijuana each cardholder could possess; and
- created out rules for the cultivation of medical marijuana by collectives and cooperatives.
Federal laws
Some cities in California adopted ordinances that provided that businesses operating within city limits must comply with federal law as well as state and local laws as a way to keep marijuana-growing businesses out of their cities. For example, the city of Lindsay passed a medical marijuana ordinance in January 2006 that says, "Legal Use of Land: No use of land, under this title, shall be permitted within the City Limits if such use shall be in violation of any local, state or federal law."[2]
Sutter County
Sutter County was the 57th of California's 58 counties to authorize the issuance of medical marijuana identification cards under Proposition 215. The county board of supervisors planned in April 2010 to take this step, which is required to bring the county into compliance with state law. Colusa County, as of June 2010, was the one remaining California county that had not adopted a medical marijuana ID program.[3]
Measure design
Proposition 215 exempted patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana.[2]
Text of measure
Ballot title
The ballot title for Proposition 215 was as follows:
| “ | Medical Use of Marijuana. Initiative Statute. | ” |
Ballot summary
The ballot summary for this measure was:
| “ |
Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana. Provides physicians who recommend use of marijuana for medical treatment shall not be punished any right or privilege. Declares that measure not be construed to supersede prohibitions of conduct endangering others or to condone diversion of marijuana for non-medical purposes. Contains severability clause. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
In 1996, 433,269 valid signatures were required to qualify an initiated state statute for the ballot.
See also
External links
Footnotes
