California·Election: 1996-11-05

Medical use of marijuana. Initiative Statute.

MEDICAL USE OF MARIJUANA. INITIATIVE STATUTE. 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 or denied 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.

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Linked measures

  • This measure is expanded and superseded by Prop 64 (2016).

    California · 2016-11-08

Legal history

  • Upheld2002-07-18

    People v. Mower (Cal. Supreme Court, 28 Cal.4th 457): interpreted Prop 215's core exemption (Health & Safety Code §11362.5(d)) to require a defendant asserting the medical-marijuana defense to raise only a reasonable doubt as to the qualifying facts — not prove them by a preponderance of the evidence. Direct quote: "The defendant is required merely to raise a reasonable doubt as to the facts underlying the defense provided by section 11362.5(d)."

    Source: Justia

Claims & Sourced Record

4 claims · 1 metric

Each claim states an intended outcome of the measure. Metrics are appended over time and never replaced — every entry keeps its original date and citation.

Criminal JusticeCannabisClaim 2 of 4Proponent statement

"Proposition 215 DOES NOT permit non-medical use of marijuana. Recreational use would still be against the law."

Source: SOS Arguments and Rebuttals (Favor)
No outcome data yet
Public SafetyCannabisClaim 3 of 4Opponent statement

"THERE IS NO AGE RESTRICTION. Even children can be legally permitted to grow, possess and use marijuana . . . without parental consent."

Source: SOS Arguments and Rebuttals (Against)
No outcome data yet
Public SafetyCannabisClaim 4 of 4Opponent statement

"The California State Sheriffs Association, the California District Attorneys Association, the California Police Chiefs Association, the California Narcotic Officers Association, the California Peace Officers Association, and Attorney General Dan Lungren say that Proposition 215 will provide new legal loopholes for drug dealers to avoid arrest and prosecution . . ."

Source: SOS Arguments and Rebuttals (Against)
No outcome data yet

Sources