Call Us Today (714) 684-6922
HomeAbout UsCase ResultsBlogContact Us
Contact Us
Medical Marijuana
Proposition 64 Summary
Assembly Bill 266
Non Profit Tax Exempt Entities
White Paper AG Guidelines
California Proposition 215
Dispensary Consulting
Opening a Dispensary
What is an Association?
Federal Raids and City Bans
Possession & Cultivation
The Attorney General's Guidelines
Criminal Defense
Assault
Drug Charges
Expungements
Felonies
Misdemeanors
Probation Violations
Theft Crimes
Violent Crimes

California Proposition 215

BACKGROUND

Proposition 215 was a ballot initiative put before the people of California in 1996. The people of the state of California voted on whether or not to legalize medical marijuana and voted in the affirmative. The final vote tally was 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against. Proposition 215 was an historic event for Medical Marijuana advocates, as it was California's first legal provision regarding Medical Marijuana.

Proposition 215 is also often referred to as the Compassionate Use Act ("CUA"). To explain, when the ballot initiative passed, it became California State Law and was codified in the Health and Safety Code 11362.5 as the Compassionate Use Act of 1996. Whether someone refers to the Compassionate Use Act, Proposition 215, or Health and Safety Code 11362.5 - that person is referring to the same law. Below you'll find the text of the initiative as it appeared on the 1996 ballot.

TEXT OF THE BALLOT INITIATIVE

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution

PROPOSED LAW

SECTION 1. Section 11362.5 is added to the 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 person's 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 to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(b)(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical 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 section 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 that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

Have more questions?

Please speak to a Brea medical marijuana lawyer at Anthony Curiale and Associates, A Professional Corporation for more information! If you been arrested for marijuana possession or need legal counsel, then we may be able to help you! We have a great understanding of the issues related to medical marijuana and Prop 215, so don't wait to call our firm as soon as you can. You can also fill out a case evaluation to get your situation reviewed by a licensed attorney.

Anthony Curiale and Associates, A Professional Corporation - Brea DUI Defense
Located at 265 S. Randolph Ave., Suite 105, Brea, California 92821 View Map

Phone: (714) 684-6922 | Local Phone: (714) 529-9376
Website:

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2017 All Rights Reserved