Prop 215

Proposition 215, also known as the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against.

Background

The proposition was a statewide voter initiative authored by Dennis Peron, Anna Boyce RN, John Entwistle, Jr., and Tod Mikuriya, and coordinated by the Americans for Safe Access founder, Steph Sherer. It allows patients with a valid doctor's recommendation, and the patients' designated Primary Caregivers, to cultivate and/or possess marijuana for personal medical use, given the recommendation of a physician.

Provisions

The law removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Conditions typically covered by the law include cancer, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or "any other illness for which marijuana provides relief".

Impact

Proposition 215 has had a significant impact on medical marijuana policy, not only in California, but throughout the United States. It has influenced other states to adopt similar legislation and has been a driving force in the ongoing national debate about marijuana legalization.

Criticism

Critics of Proposition 215 argue that it is too broadly written and allows for widespread recreational use of marijuana under the guise of medical necessity. They also contend that it fails to provide clear guidelines for law enforcement and thus undermines the ability to control the use and sale of medical marijuana.

See also

• Medical cannabis in the United States
• Legal history of cannabis in the United States
• Cannabis in California